My 36 year old female friend received a 2nd DUI, once in DuPage (2008) and second in Cook County (6/2012). The 1st offense was dropped but I have no clue whether or not there is still a record of this and/or if the court will use these offenses to determine the degree of her punishment.
She is petite (110 lbs.) and was on a juice diet therefore empty stomach. She claims 4 beers in 1-2 hours. She was wearing baseball shoes with metal cleats and she claims that it made her slip when the officer asked her to exit the car. She blew a 0.267 BAC%. The initial traffic stop in Arlington Heights was for speeding 10 mph over limit, stopping in the middle of the intersection, then trying to conceal her breath from the arresting officer.
I referred her to my friend that does criminal defense/DUI. Quoted $7,500 retainer. He claims that he can get this DUI case dropped because of 2 factors; empty stomach/rising blood alcohol% and wearing baseball gear. I remain skeptical because of the 0.267 BAC%, 3x's the limit.
She cannot afford to retain any lawyer. Several attorneys have rejected her proposed payment plan. Average retainers quoted were $6,000-$10,000. She tells me that she will just utilize public defender at her 1st court hearing.
She has started to get professional help for the underlying issues that lead her to 2 DUI offenses. She assumes that the judge will see that she is proactively seeking help. I don't believe her thoughts. I do not believe the judge will show any mercy to her.
I work as a ER physician and see loads of DUI cases. I have not seen, thus far, someone's DUI at 0.267 BAC% dropped. I also do not agree when the attorney claims that he or she can in fact guarantee a dismiss.
Please suggest some lawful options she has, if any. If granted a lesser charge, will she face a mandatory suspension, jail time, community etc? What are some of the consequences she will expect to be presented with at court under the assistance of a public defender?
Your time and consideration is very much appreciated! Thank you!
Fred
1 Answer from Attorneys
Fred- have your friend call me she wants to discuss her case.
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