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My boyfriend recently got a DUI, and this is his first time ever receiving a DUI does he really need a lawyer?

Los Angeles, CA |
Attorney answers 8

Posted

Does he really want to give up all of his rights? Yes, he needs to at least consult with a lawyer.

No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.

Posted

Definitely. In fact the court may not let him proceed without a lawyer. He may be eligible for a public defender if he is below the poverty line.

310-935-3100 if you would like to discuss the case.

Asker

Posted

If he is unable to afford a lawyer, what are the charges that he is looking at

Matthew Murillo

Matthew Murillo

Posted

If he can't hire a lawyer for the DMV and court case, I would suggest trying to hire one for the DMV case and asking for the public defender when he gets to court. That way he can at least try to save the license from the beginning.

Posted

If he just wants to plead guilty to the DUI and lose his license, then no, he doesn't need a lawyer. If he wants to defend himself and give himself a shot at winning his case, then yes, he does.

A good lawyer will do a thorough investigation of the case. This means they will look into the reason for the stop/contact, the arrest, driving pattern, BAC level and what defenses he has available.

Just because he had alcohol in his system, it doesn't mean he is guilty. There are a number of defenses that might be available to him. But if he doesn't try to defend himself with a lawyer, he's letting the DA and DMV off the hook by not making them prove he is guilty.

Feel free to call me if he wants to discuss the case.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Matthew Murillo

Matthew Murillo

Posted

Also, he needs to request a hearing with the DMV in order to try to save his license. If he fails to request it within 10 days from the arrest, DMV will automatically suspend his license if he is above an .08%. And this happens no matter what happens in court.

Posted

Yes, he needs to hire an attorney ASAP to represent him.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Tina Marie Barberi

Tina Marie Barberi

Posted

An attorney can help him with the entire DUI case and can help with DMV. Call an attorney immediately as request a DMV hearing within 10 days.

Posted

PD's can do the job but they won't hold his hand or go 'the extra mile' but, if he qualifies, it might not be a bad bet. Your b/f should know the circumstances of his stop and he'll get a copy of the PR at his arraignment. If there is anything fishy in the report, I'd suggest a private attorney is the way to go.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

Posted

Do I need ice water in hell?

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Posted

It's always a good idea to get your own lawyer,especially when dealing with the DMV. Remember you don't get a public defender when dealing with them and when your license is at stake it is best to have and experienced DUI attoreny is your corenr

Posted

Your boyfriend should hire an attorney to represent him. He should also make sure that he contact the DMV and set a APS hearing. He must request the hearing within 10 days from the date of arrest. The DMV hearing and court hearing are separate from each other.