The other night I had a few glasses over a period of several hours. An hour or two after my last glass I was hungry so I went to a drive-thru. I honestly didn't even consider the wine because I felt completely sober. On the way back my tire popped so I put on my hazard lights and pulled off the road. There was a car directly behind me and it was really late so it made me uncomfortable. I got back on the road for a split second before I saw the lights and realized the car was a cop. He asked if I'd been drinking and I answered honestly. I felt that I did fine on the field tests but blew a .112. When I arrived at the jail I blew a .116.
I have never been in any form of trouble in my entire life. My husband's in the army and we cannot afford a lawyer. I am terrified of a DUI conviction.
Criminal Defense Attorney
First, thank you and your husband for serving. The life of a military spouse is very hard as well. You're in a pretty sticky situation to be representing yourself pro se. In addition to what's already been stated (public defender), call the local bar associations. Since the hearing is civil a public defender can't help you. However, some of the local bar associations have pro bono programs and might be able to match you with an attorney. The 10 day timeline though is pushing it. I'm not sure if any could do it under that timeline. Also, you may be able to contact JAG. They CAN'T help with this matter but they may know of attorney's in the local area that handle matters like this and that are "military friendly". Whichever path you choose, you need to choose it very soon because you have a very short window of opportunity.
Criminal Defense Attorney
If you cannot afford an attorney, you have to contact the clerk's office and find out how to apply for a public defender. If you financially qualify, the court will appoint an attorney to represent you.
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If you cannot afford a lawyer then apply for a public defender when you get to court.
That being said, since you blew over a .08 you need to follow the instructions on the back of the DPS 1205 form and send in a letter requesting an administrative hearing, along with $150.00, within 10 business days of your arrest or your license will automatically be suspended.
Apply for a public defender when you make your first court appearance. If you are not approved for a public defender, call around to some attorneys. Many of us will offer discounts for military and their families.
Oftentimes Attorneys are not as expensive as you may think. A couple bucks now can save you a ton of money and headaches in the future. Our firm does offer payment plans for individuals who find themselves in unfortunate situations like yours. We also offer free consultations, 678-825-5430
This Reply is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship.
As the others have said, apply to be represented by a public defender. You should also understand that the cost of a DUI could be significantly greater than the cost of hiring an experienced DUI attorney. Permanent criminal record, lost opportunities for jobs, court fines, probation, and increase in insurance premiums are the main costs that a DUI conviction will likely bring. I will be happy to give you a free consultation. We offer payment plans. Please feel free to call me at 404-993-9172.