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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was arrested for my first DUI, I blew a .13 and was help

Resolved Question:

I was arrested for my first DUI, I blew a .13 and was held last night. I need to know the steps I need to take in order to get everything in order. Is hiring a lawyer an absolute necessity? This was my first offense, my record is clean, and I do not think I can afford a lawyer.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.

No, a lawyer is not absolutely necessary, but it is highly recommended. A judge is going to likewise recommend that you employ an attorney in order to make sure you are defended and give yourself a chance to defeat the offense because the 3rd conviction is a felony and will send you to the state pen.

Thus, if there's a chance you can find some technicality to beat the offense, it is certainly in your best interest to do so. There are 1000's of little nuances that DUI defense attorneys key in on to defend the case. For instance, if the mouthpiece wasn't changed out between blowing in the intoxilyzer machine, that could cause the results to be incorrect, or if the officer didn't observe you for 15-20 minutes before administering the test, that could be grounds, or if the ticket doesn't bear the officer's signature/name, or if the ticket doesn't provide the date of the court hearing, etc., it could be grounds to throw the ticket out.

The unfortunate thing is that you don't really know what defense may be available until you have an attorney review your case; however, doing so will cost a lot of money to do so.

Thus, it is certainly recommended to hire an attorney, but it is not required.
Customer: replied 5 years ago.
The officers were all very thorough so I don't believe there is a chance that they could get it reduced. The mouthpieces were changed out, the process was explained in detail. I was observed and recorded, The field sobriety tests were done on a flat, well lit surface. I was cited for inability to stay in lane and lane changes. The tickets were all filled out completely. I don't see how they could possibly get that reduced.
What generally happens if a person pleads guilty?
I know I need to get a hardship license and sign up for DUI classes but they make it so difficult that I don't really know what I need to do.
Expert:  Roger replied 5 years ago.
There's probably no chance of getting it reduced. With DUI's you are either going to be convicted or have the charges dismissed because of some defect or flaw in the arrest/testing/citation process.

If you don't believe there's a chance at defeating the DUI, it may not be worth spending the money for an attorney only to end up at the same place.

Ultimately, whether or not to hire an attorney is up to you. However, if you don't think the lawyer can help get you out of the DUI, you may want to save your money and just go at it alone.
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