do we need a attorny
daugter got a dwi last night 4th degree 23 year old going to college in duluth came home to see her mother who is ill,should just go in and be at the mercy of the court and pay her fine she .16
3 Answers from Attorneys
Re: do we need a attorny
Your question is the second most common question I receive. The first most common quesiton is: How long before this DWI drops off my record? The answer the question two is: never, it stays there your whole life.
The second question is most often asked by folks who went in without a lawyer.
The first question was answered long ago by Abraham Lincoln who said: "He who represents himself has a fool for a client."
Take a look at my information at http://www.mn-dwi.com.
Re: do we need a attorney
Each person, in the end, must answer that question for themselves. Of course, it is best to be represented by a good DWI defanse lawyer. But that costs money. So, the better question is: "Does what is at stake, justify the cost of a good lawyer?"
What is at stake for the typical first-time DWI arestee, is normally not jail time (unless probation is violated). What is at stake? Upwards of $15,000 in increased insurance costs (you can research this yourself - high risk auto ins. rates for 5 years). Increased health insurance premiums. Lost employment opportunites and lost income. A "bad" drivers license record, forever (which will trigger worse treatment from police). Loss of drivers license, typically for 90 days or one year. And more.
Considering all that at stake in a DWI case these days, and that we win a significant percentage of them, my conclusion is that a person can't afford to not have a good DWI defense lawyer, like me.
Re: do we need a attorny
If your daughter is only worried about going to jail, then it would be okay for her to go to court without an attorney. It is extremely rare for someone to do any jail time on a first time offense with an alcohol level of .16, assuming there were no other bad details like an accident or having a kid in the car with her. The biggest penalty a person faces when they get a first time DWI is having her record marked forever with an alcohol driving offense. This will hurt her insurance rates for at least a few years, may hurt her employability after she finishes college, and will make her a target for police in the future. In my opinion, it is definintely worth it to have an experienced DWI lawyer represent you when facing a first time DWI, just in case there is some problem with the case that would win it or get it reduced. It's not easy to do, but it is definitely possible. The bottom line answer is this: she won't get steamrolled without a lawyer, but she might be passing on a golden opportunity to get her case completely dropped if she chooses not to have a lawyer review this case for her.