DUI Case Under 21- Whom to hire, public or private?
I was recently arrested for an OWi. I was trying to drop a few of my friends home. I was driving ok(had to drive them only 3 blocks as they were way too drunk and would have gotten into an accident). I took the car keys and drove my friends car. But as it was a new car something I never drove before I forgot the headlights and got a pulled over. I was arrested and taken to the police station where the officer asked me to blow in the machine. He never disclosed me what I blew at the road stop. But he told I blew a 0.09 at the station. He never read me my miranda rights eighther. The judge next day released me from jail without any bond. Now I am facing with a dilema as to hire a private attorney or a public defendant. Money is tight right now and I have an internship starting in 2 months. Please advice. And please intelligent answers as I already know I was stupid and have realized my mistake now and would seriously like to ammend it.
I know all I did was bad but what I am asking is whether is it worth to hire a private attorney or should I go with a public as I am looking at deffered judgement as all the attorneys have told me.
- q SLv 78 years agoFavorite Answer
.09 is still well over the legal limit for a full adult. As a minor you are way above the zero tolerance law. It is important to note that the miranda warning is NEVER given for a DUI and almost NEVER given for a routine arrest. The ONLY time that miranda is required is if you are detained(or arrested) AND are going to be interrogated.
There is no need for the officer to explain/disclose anything to you. You or your attorney can file a discovery motions as required by the court to get the whole file.
In my state you can hire an attorney that specializes in DUI or you are just throwing your money away. DUI is a specialized field not just something that the attorney dabbles in from time to time. Typically you can meet with the prosecutor and explain how terrible you feel about your big mistake and how you will never do it again. They typically offer you a plea agreement. You plea to something besides a full blow DUI and it's cheaper. The public defender probably has 100 other criminal cases, all of them more serious than yours. You might be lucky if he has 30 minutes to read the file before the jury trial or during jury selection.
In my area your attorney will charge you around $5000 to get your file and explain it to you. He can go with you to the DA and tell them how you are a straight A student and you never smoked pot and volunteer your time at the local orphanage. He can also sit with you at DMV when the DMV explains your license is revoked. If you decide to go to jury trial the attorney will need another $5000. Even with that, there is a chance that you will still lose.
What rank was the officer that did the DUI? A Sergeant, a Corporal or worse a Field Training Officer - they have lots' of experience arresting drunks and testifying in court.
How many years of service was on his name tag? An officer with 10 years experience makes very few mistakes a rookie officer might make a mistake that will let you escape the consequences you deserve.
What did the officer note as your attitude? Where you apologetic or where you acting difficult. Your attitude (and lack of any other DUI) is the biggest factor on what kind of plea you are eligible for.
If you lose, expect the court to suspend your license another year. DMV revoked you for 12 months already. Plan on paying an extra $3,000 per year for SR22 insurance for three years $9,000 total. Typically the court will also make you pay a doctor for an alcohol evaluation, pay for substance abuse classes, pay to attend MADD Victims impact panel and pay for the privilege of being on probation.
If you are over 18 this goes on your permanent criminal conviction record and might negatively impact your career prospects when you graduate from college in a few years.
Worst case, you had a bad attitude with the officer, you hire an attorney and still lose at jury trial. 24 months suspended license and roughly $30,000 in total expenses.
- Badge203Lv 78 years ago
First you are under 21, so it makes no difference what you blew. There is a ZERO tolerance for alcohol . All he had to do was smell it on your breath for a MIP charge
Second he does not have to give you a Miranda warning and he does not have to tell you what you blew because it makes no difference
And you can not obtain a public defender for a minor in possession charge
You will be found guilty just on the officers testimony and evidence he has such as the BAL you blew at the station