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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I just got arrested for DUI. I have never been in trouble with

Resolved Question:

I just got arrested for DUI. I have never been in trouble with the law, as a matter of fact I had been training to be a police officer. I drank one drink too many I had to take my car out of the parking structure before they locked it up, drove about 2 blocks to a shopping center to park my car there. As I was pulling in I get pulled over because my headlights were not on. I live in Hawaii.. What's my next step? What should I do and how long will this stay on my record?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 6 years ago.

Your next step is to get an attorney. If you can't afford one, you can apply for the public defender. An attorney will help protect your rights throughout the process and can try to negotiate the best plea possible on your behalf. While many of the penalties are the same regardless for a first offense DUI, there are a range that you can get and having a lawyer could help keep you at the lower end of the range rather than the higher end. For a first offense, the penalty involves 2-5 days in jail, or 72 hours of community service, or a fine between $150 and $1000. Your license will be suspended for at least 90 days (you can get a restricted license that will allow you to drive to and from work after 30 days). You will also have to take alcohol education classes. The judge could also order an ignition interlock device be placed on your car.

A DUI is a misdemeanor and will be on your record permanently unless you receive a pardon or the prosecutor allows you to do deferred acceptance of a guilty plea.
Customer: replied 6 years ago.
How do I apply for a public defender? Can da public defender suggest the patron or is it Ailey on the prosecutor?
Expert:  Hammer O'Justice replied 6 years ago.
The contact information is here:

The information on qualifying and applying for the public defender are in the links on the side of the page.

Neither your attorney or a prosecutor has control over a pardon. It is something that must be applied for from the governor after you've completed your sentence. Your attorney can ask for a deferred acceptance however.
Customer: replied 6 years ago.
I tried to apply to get a public defender but they told me that the court would have to refer me AFTER I had already gone to court, is this true? Also as far as the deferred acceptance goes, can I ask for it on my first appearance at court or is that something only the public defender can do?
Expert:  Hammer O'Justice replied 6 years ago.
In some jurisdictions the right to counsel does not attach until after the initial appearance, so you will have to notify the court that you want a public defender. If you have the opportunity to speak with the prosecutor before the case is called, you can see if they are offering a plea deal. If they are (and it is not deferred acceptance), you can ask if they would offer it to you. If not, your case will be given a trial date and your attorney can ask for it then.
Hammer O'Justice and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Speak to the prosecutor the day of the trial or is there any way I can get ahold if him before?
Expert:  Hammer O'Justice replied 6 years ago.
Prosecutors rarely speak with unrepresented defendants outside of court because of a variety of problems that can crop up with it. So you probably will not get a chance to speak to the prosecutor until your case is actually in court.
Hammer O'Justice and other Criminal Law Specialists are ready to help you