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I got a DUI four days ago, and this is my first offense. What do I do? Should I get an attorney?

Los Angeles, CA |

I flipped my car over when I was driving. Fortunately I didn't injure anyone. The police officer gave me a sobriety test, but did not use the breathalyzer on me. The paramedics wanted to take to a hospital just to make sure nothing else was wrong with me. After some test, the nurse finally took my blood to check the alcohol level. After that I got dismissed and the police officer handcuffed me and took me to county jail where I stayed for eight hours.

Attorney Answers 12

  1. It sounds like a serious accident which makes a dui much worse in the reports. Consult a lawyer now.

  2. Anytime you're rested for DUI with an accident you should consult an
    attorney you still have a few days left to contact the DMV to request in
    administrative hearing that is necessary if you want a chance to keep your
    license from being suspended. The blood draw at the hospital without a
    warrant may be an issue you need a call if I do you want to turn in your
    area to consult

  3. You need to know that your matter would be charged as DUI with injury and its consequence is more serious than DUI. You have 10 days for your DMV hearing or if you chose to ignore it, your license would automatically suspended. You need an attorney to represent you in DMV hearing. Such hearing must be requested. Also separate from DMV hearing you will have to deal with it in criminal court. You need representation ASAP.

  4. The taking of your blood without a warrant may have been a violation of the Fourth and 14th amendments, and if so, it could result in the suppression of the blood-alcohol evidence. The accident and hospital setting may give rise to a finding that exigent circumstances were sufficient to constitute an exception to the warrant requirement. You should retain a lawyer to explore possible defenses, and if there is no viable defense, to at least mitigate the consequences for you.

  5. You should contact an attorney immediately. Do not make any further statements in any online community.

    Only a skilled and qualified DUI attorney will understand all the potential issues that could be exploited to your benefit.

    Most of us here on AVVO give free consultations. Good luck!

  6. You have two separate cases to consider - the court DUI case and the DMV hearing, the latter of which you must request within ten days of your arrest or your license will automatically be suspended with no right of appeal for quite probably a year.

    The impact a DUI can have on your life and livelihood is profound. It is always a good idea to retain an attorney to ensure the damage is minimized.

  7. You should definitely look into retaining a lawyer. Many of us on Avvo provide a free consultation.

  8. DUIs are very serious charges and affect your life in so many ways. The short answer is yes hire a lawyer for the best result. Even though you didn't harm anyone but for DUI purposes you accident was still a "collision" for DUI purposes which adds to your punishment. A lawyer can make sure that you get the most reasonable outcome. I am a former prosecutor that handled hundreds, if not over a thousand DUIs, and I know for a fact that thie collision will affect your case. Most attorneys here offer free consultation, just call and discuss your case. It won't cost you a dime.

    Sharon Paris Babakhan

  9. Almost all DUIs are defendable, and the ones with the superficially worst facts, such as yours, are often more defendable than others. You should consult counsel immediately, one experienced in DUI litigation [which does not apply to all "criminal" lawyers].

  10. Yes, you should definitely hire an attorney. You have a lot issues that need to be addressed, and an experienced DUI lawyer is necessary.

  11. Contact a qualified DUI attorney as soon as possible. Rolling your car while DUI (if you were in fact DUI) is not something the prosecutor is going to pass over lightly.
    You're going to need to help with this one.
    And, while you may be thinking, "why bother? I'm done for" - remember, DUIs can have life effects long, long after you think the case is over and done with. (misd conviction record, auto insurance implications, etc.) You owe it to yourself to at least consult with the many qualified attorneys you can find on this type of site. At least then you'll have a better understanding of the process and what can be done to assist you in getting the best outcome for you.
    Why would you turn down a free consultation?
    Interview some attorneys and get some information and guidance. Then you can take the next step forward.
    Good luck, and be thankful neither you nor anyone else was hurt.

  12. You absolutely have to have an attorney. What happens to your case always depends on your blood alcohol. Recent case law has made blood draw cases more easy to defend then they once were. A DUI can lead to a permanent criminal record and has substantial ramifications. If you would like a free consult feel free to give a call.

    Brian Michaels
    Los Angeles DUI Attorney

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