dui what to expect in court without a lawyer

DUI often carries fines as well as jail time and other penalties. Going to court without a DUI lawyer may leave you facing higher overall penalties for a conviction, including higher fines. Those fines can cut into the money you might prefer to spend on other things or make it difficult for you to manage your finances while handling those fines.

Full Answer

Do I need a lawyer after a DUI conviction?

Even if you handled your first DUI by simply pleading guilty, you will most likely need the assistance of a DUI attorney for subsequent DUI charges. You can expect your insurance premium to rise dramatically after a DUI conviction. It may not only quadruple, but you could also lose your coverage entirely.

What happens after a DUI case goes to trial?

The jury will either come to a unanimous verdict on your DUI charges or if their decision is split, a retrial or mistrial. If a mistrial is declared, the charges against you will be dismissed. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.

What happens if I plead not guilty to a felony DUI?

However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you. If you have been charged with a felony DUI, it is strongly recommended that you hire an experienced DUI lawyer.

What should I consider before handling my own DUI case?

Here are five things to consider before handling your own DUI. A blood alcohol content (BAC) of .08% or more doesn’t guarantee a conviction. Before you plead guilty, you should learn about the DUI penalties and fines in your state in order to make an informed decision.

What happens at a DUI court hearing in California?

The court will also read the full charges against you, but if you have a lawyer your lawyer will typically ask to waive this in order to save time. You will also be read your rights, including the right to a lawyer and the right not to incriminate yourself. In some cases, the arraignment will also determine bail.

Is jail time mandatory for 1st DUI in California?

In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.

What happens on your first DUI court date in California?

A first offense DUI conviction can result in a six month suspension of a driver's license throughout every California county court and CA DMV. Not only does a first DUI come with a hefty fine, there will be an ignition interlock device installation required, and still could have substantial jail time included.

How long do you stay in jail for a DUI in California?

Minimum 180 days jail time (6 months), maximum 1 year or 16 months in state prison. DUI can be tried as a felony if you killed or severely injured someone, or if you have numerous repeat offenses. Felony DUI carries 1 to 5 years in state prison.

How much does a DUI attorney cost in California?

For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500.

Do you lose your license for first DUI in CA?

A court conviction for a first-time DUI in California automatically triggers a six-month license suspension pursuant to Vehicle Code 13352(a)(1). A Judge, however, does not impose this suspension. Instead, upon your conviction, the court notifies the DMV and the DMV imposes the suspension.

Can a DUI be dismissed in CA?

If pulled over for drinking and driving, you can get charged with a DUI. Luckily, in the state of California, you can get it dismissed before heading to court.

How much does a first time DUI cost in California?

$390 to $1,000Fine for first DUI: A first misdemeanor DUI in California carries $390 to $1,000 in fines plus a number of penalty assessments and fees that can raise the total up to $3,600. First DUI jail time: up to 6 months. License: Criminal courts can impose a 6 month suspension for a first time DUI in California.

How much does a DUI cost in California 2021?

How Much Does a DUI Cost in Southern California?Minimum fine:$390DMV driver's license fee:$125Car insurance increase (over 10 years):$10,154Bail bond cost (up to):$2,500Total cost:$15,6495 more rows

How do I get my license back after a DUI in California?

To fully reinstate your driving privilege with no restrictions, you must serve your full suspension or restriction, provide the DMV with proof of completion of a DUI program and provide proof of insurance (SR 22). You will be required to maintain the SR 22 for 3 years.

How much of your sentence do you serve in California?

Usually, it's no more than half the time, but most of the time I'm seeing as little as 10% and 25% of a Los Angeles county jail sentence being served, especially if it's a half time crime. When I say half time crime, there's a list of crimes that you can expect to do half time on.

How long do you go to jail for drunk driving?

The maximum prison sentence for this offence is three months.

Why shouldn't I go to court for DUI?

However, it is not uncommon for the accused to refuse to call a lawyer. It might be because of the cost of hiring a lawyer, the inability to find a trustworthy and reliable attorney or both.

What to do if you are charged with DUI?

Negotiate for a Plea Bargain. Pleading guilty shouldn’t be the only option for drivers charged with DUI. Having a lawyer helps the defendant make smart and informed decisions. If the prosecutor can’t prove a case against the defendant, the case won’t hold up in any court.

Can a lawyer question the evidence provided?

Lawyers can question the evidence provided for its accuracy. They can even challenge the reliability of the way prosecutors procured the evidence. A great lawyer knows how to spot any inconsistencies made by the police or the prosecutor. They can then proceed to submit motions to the court before the case goes to a jury.

Can a defendant be their own attorney?

Defendants may act as their own attorney in what is called “pro se representation.”. However, unless the defendant can have a solid grasp of all the applicable laws in drunk driving cases that took lawyers years to master in just a few days, their chances of getting acquitted are slim to none.

Is a DUI indefensible?

DUI cases are not necessarily indefensible. Facing DUI charges does not automatically mean “guilty.”. Many extenuating circumstances can help defendants have their cases dismissed, penalties reduced, and even have the DUI case on their criminal record expunged. It takes an excellent lawyer with specialized knowledge in handling DUI cases ...

Can you go to court for DUI in Erie PA?

Do not go to court for DUI without a lawyer. As soon as an arrest is made, you must immediately call for a lawyer. You must exercise your right to an attorney. Having an experienced DUI Lawyer in Erie PA fighting in your corner gives you a better chance of getting a favorable outcome. Handling DUI cases require highly specialized ...

Why do people not hire a DUI lawyer?

Some people proceed without hiring DUI attorneys because their cases do not involve aggravating circumstances or a blood alcohol content over .12. Others who believe that they will be convicted due to high blood alcohol content or reckless driving may plead guilty and they do not need a lawyer to proceed this way.

Can legal advice be used for DUI?

However, even in these situations, legal advice may be useful and it could affect how someone charged with DUI pleads. Lawyers specializing in DUI cases can navigate administrative aspects and the court system with ease, reducing the burden.

Is money tight for a DUI?

Money is tight these days and for anyone charged with a DUI, finances can quickly become much tighter due to associated fines. Spending money to retain a lawyer is the last thing many people can afford. Is a lawyer needed to fight a DUI charge and win?

How to get better at court if you have been charged with DUI?

If you have been charged with a DUI there are several actions you can take to better your chances in court. First, you should consult an attorney as soon as possible to help you pinpoint any weaknesses in your case, gather evidence, and provide advice as to how to plea to the charges against you. Second, if you are guilty of DUI, voluntarily agreeing to attend a drug or alcohol counseling program may improve your chances in court.

What happens in a DUI court appearance?

The first thing that will happen in a DUI court appearance is that you will be called in front of a judge who will not only hand down your ruling but also orchestrate the flow of the proceedings. Unless you have an extreme case or one with extremely unusual circumstances, the flow of your court appearance will proceed along with these steps:

Who decides whether to let bail amount stand or alter it?

The judge then decides whether to let your bail amount stand or to alter it, and whether or not you should be released on your own recognizance

Can you be arrested for DUI?

Being arrested for a DUI can be a difficult experience as many defendants are not familiar with standard court DUI processes. An experienced DUI defense attorney can help you better understand the DUI process such as what amount your bail will be, legal counsel regarding how to plead, and advocating for you in court.

What to expect after a DUI?

After a DUI charge, you will probably receive postcards from attorneys offering their services. While some of these attorneys may be reputable, you should be careful when choosing one to represent you.

What happens if you are charged with a DUI?

After you are charged with a DUI, you will receive a court date for your first appearance. You should also receive notice that the Secretary of State has suspended your driver’s license.

What does a DUI attorney do?

A quality DUI attorney will review all the facts of your case for possible defenses, prepare you for an alcohol evaluation, and fight your driver’s license suspension. If a plea bargain is in your best interest, a good attorney will try to negotiate a more favorable deal for you.

How long does it take for a DUI case to be resolved?

Your attorney usually can't get your case resolved at the first court appearance. Your case will go before the court approximately once a month until it's resolved. The length of time your case will take depends on the circumstances of the case.

What does an attorney do when you are suspended?

The attorney will let the court know they are your representative and will ask for discovery, which is the evidence against you. Hiring an attorney promptly will allow them to file a petition against the suspension of your license.

How long does it take to get your license suspended?

For example, you are innocent until proven guilty of the criminal charges against you, but your license will be automatically suspended 46 days after your arrest.

What does an attorney do in court?

Your attorney will evaluate any evidence against you. Depending on the unique circumstances of your case, your attorney may want to bring other motions before the court.

What happens if you plead not guilty to a DUI?

If you plead guilty, the judge will decide your punishment and you will not have to return afterwards. However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you.

What are the stages of a DUI trial?

The different stages of a DUI trial consist of: Choosing a jury. The court will interview a number of people, then allow the defense (your lawyer) and prosecution to exclude certain jurors who they believe to be unfit for the case. Opening statements from your attorney and the state prosecutor.

What happens if you can't afford bail?

if you'd try to flee). If you can't afford to pay the set bail amount, you or your loved ones have the option of going through a bail bond agency.

What is the legal age to drive if you have a BAC of 08%?

In every state, anyone over the age of 21 years old with a blood alcohol content (BAC) of .08% or more, will be charged with a DUI. If you're under 21 years old, any amount of alcohol found in your system will result in a DWI charge. It doesn't matter if you feel sober enough to drive, or if you only had to travel a mile to get home.

What are some examples of DUI arrests?

For example, a police officer might initially pull you over for running a stop sign, driving with a broken tail light, or having expired registration.

What are the causes of DUI?

Probable cause situations that might lead to a DUI include: Empty beer bottles on the floor of your car. A strong smell of alcohol (or other illegal substances) coming from your vehicle. Slurred speech and questionable movements.

What happens if you drive recklessly?

Driving Erratically. If a police officer sees you driving in a reckless manner, it may lead them to suspect that you're under the influence. The officer can then pull you over and administer a Breathalyzer test in order to determine your sobriety.