I understand that judges and prosecutors are overloaded with cases and for most the legal outcome is standardized thus a lawyer wouldn't help.Ex: 1st DUI = Wet Reckless, unless there are many variables involved.I was pulled over by CHP for not having front plates attached (is a showcar), was not told Miranda Rights when he asked if I take any medication.I told him lexapro (anti-anxiety/depress.)Took breathalyzer at station and when the reading said .03, he casually took me to another room to meet DRE officer and insisted I give blood saying it was mandatory.Told him decision can't be made without public counsel.He said I refused.Is there a good enough chance charge is dropped to merit hiring lawyer ($$$) or does having prior = wet reckless at best, otherwise trial?Public Defender?
Jail time is a potential consequence of your conviction on a 2nd DUI. Whether or not factors exist that "merit" spending your financial resources on hiring a lawyer, depends solely on your own personal cost/benefit analysis. I can tell you that most clients come to my office with very little hope, and it is not until after a very thorough investigation of all the facts, investigation, report, and evidence that a you have a full understanding of the strengths of your case - if any.
3 lawyers agree
DUI / DWI Attorney
You seem to be concentrating on the court proceedings... The DMV is ALSO in this process... a two year license suspension for your apparent refusal to perform a chemical test with a prior DUI conviction. You just seemed to be treating your situation a little too lightly, even considering your personal DUI "expertise"! Just trying to get you on the right track. Good luck, g
Criminal Defense Attorney
If you consider that losing your license for two years is not serious I suppose you don't need a lawyer. Most people would consider it serious and would hire a lawyer to defend them. It is not true that lawyers cannot affect the outcome. If it were true the defense profession would have died out long ago.
DUI / DWI Attorney
You need an attorney. Not only for the criminal aspect of your case but also for the DMV portion. You are looking at a 2nd time DUI within 4 years as well as a refusal allegation. Just so you know for a traffic stop and DUI investigation you have no Miranda rights. Also when you get a driver’s license you give up certain rights. One of those rights is the evidential test after you are arrested for a DUI. Do yourself a huge favor and get an attorney. Yes that attorney can help significantly as this is a jail time case.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.