Hello,
Two nights ago, I was driving home from the bar. I had not been drinking for just over an hour and felt as though I was okay to drive home. The weather was wet, and I wrecked my car on a cement median. No one was hurt, and I was the only car in the accident, but I was not able to drive my car away. The police came and gave me a FST, and I agreed to do the officers breathalyzer, where I found out later I blew a .09. The officer explained to me that it was unofficial, but it gave him pretty just cause for cuffing me and taking me down to the station.
We did some paperwork and I gave him information. I was as polite as I could possibly be. When I did the official breathalyzer at the station, I blew a .06. He let me keep my license. He told me that I was being cited with a DUI. This is my first time being arrested and my only other charges I've ever had were a handful of warnings and a reckless driving charge in VA back in 2005 (82 in a 65).
I have never been to court before. For this charge, is it recommended I seek legal counsel or should defend myself? If I went alone I would plead guilty; I am absolutely responsible for my own actions, but is that the smart way to go?
What is likely to be the outcome? What is a typical punishment for a first time offense?
Does it matter that I registered a .06? Is that a lesser charge for being under .08?
I'm really confused as to how I need to proceed.
Thank you for your help. -GS
2 Answers from Attorneys
A guilty finding will result in your license being suspended by the Motor Vehicle Administration. A lawyer can be of benefit to you by negotiating the case with the police officer and the prosecuting attorney so that you do not end up with a guilty finding on your record. If you had blown an .08, on a finding of guilty your license to drive would have been revoked.
Talk to an experienced DWI lawyer.
If for some reason unforseen at this time, the state is ultimately unable to prove the case, do you still want to risk a year in jail and the loss of your driver's license? An attorney can evaluate your case and advise you whether to plead guilty or try the case. Even if you ultimately decide to plead guilty, an attorney can help you prepare for sentencing, seek to avoid jail, and help you pursue probation before judgement. Much evaluation, advice, and preparation happen now, long before the court date. In order to avoid jail and in order to help secure probation before judgement as the outcome, you must do things in the meantime that might ultimately persuade the judge that you are not out of control, that you do not deserve to go to jail, and that you do not deserve to lose your license.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
