DUI / DWI.is it a good idea to get a dui attorney? NEED DESPERATE HELP?
Ok..i’m in sort of a big predicament. My bf and I got pulled over and he is, I believe, charged with a dui. He has recieved a dwi in 04′, so I’m really stressed out and nervous here. I was actually the one that was too drunk and had called for him to pick me up at a friend’s house…had way too much to drink, i know…uncool….he came over and hung out for a little bit and had a couple of beer….but he’s a big dude so couple of beers won’t do anything to him…
Anyways..it was about 2:30 in the moring when we got pulled over…My bf confessed to having a couple of beers and I told the officers the whole story….they administered the Sobreiety test?..on him while i was in the car…I wanted to get out to explain to them but they insisted i sit in the car…anyways…i could hear the officer telling my bf that they could totally smell alcohol on me and not much from him….i also pleaded with the other officer that it was my fault that i had called him to come pick me up and i didn’t want him to get in trouble because of me…he assured me everything would be fine and that it seems my bf is ok….well i guess he did ok for the first test but then they did the breathalyzer test and i guess thats where he failed….
Anyways i don’t really know about any of these things…pertainig to dui laws and stuff…Im a big goodie goodie….i can’t believe i allowed this to happen….but my bf told me they didn’t discuss with him anything …like if he passed either of the test…or if they were gonna charge him anything….they just told him he had to go to jail for 6 hours to sober up and that i can pick him up in the morning…they actually even drove his car home for him….his court date is coming up in couple of weeks and i’ve been checking stuff up online….should he get a dui attorney???…considering this would be his second offense…and also since he was charged with a dwi the first time…say he did get a dui this time…would that be considered a second offense or a first offense?…are they two different thigns?….
my bf is 28…he was a bit of a trouble maker in his younger days…but ever since getting with me he has cleaned up his act considerably….his record is clean though except for the first dwi in 04′…he makes a decent living…but has to support both of his parents aand me….i just finished school..still trying to find a job..so we don’t actually have money to just spend…can i make payment arrangements for the attorney if we decide to get it…and lastly is this a lost cause because he did have some alcohol in his system…
sorry for so many questions….but since he hasnt been to court yet..is his license suspended or not …can he still drive around legally?…I feel so bad…i know he should’ve made better judgement considering I was the drunk one…my bf also said at the time we were the only ones on the freeway….they said he was speeding…sorry for the long story….but i do need some advise…thanks….
If he didn’t pass the Breathalyzer test he had too much to drink, big or not. He drank and then drove, how is that your fault. He knew he was going to drive so why did he drink? Because he’s big. Stop making excuses for him.So he was speeding too. How is that your fault. You didn’t mention your age. I guess it doesn’t matter. You need to plan for your transportation before you get loaded, or stay home and get loaded. If they didn’t take his license, he can drive. they didn’t impound his car, so that was lucky. He can call the DMV or the police and make sure he can drive.
First off, it is not your fault your boyfriend got a DUI. He is a 28 year old man and made the decision to drink and then drive. I doubt you held a gun to his head. This is his second offense and the first one will factor in to his sentence on this one. His license will be suspended according to state law. I have no idea what State you live in or how long ago this happened, they should have told him when he was processed.
The Officers did good to keep you in the car when they were dealing with your boyfriend. They have a right to keep you in the vehicle for their safety and yours. Also, from here on out don’t try to get out of a car during a traffic stop unless the Officer asks you to step out.
Your boyfriend needs a lawyer. Hopefully the two of you will learn something from this because next time you could kill someone. It is uncool to drive drunk, mostly because my wife and three year old (and other families) drive on the same roads you do.
depending on the state the fines change. go get a cheap 500 dollar lawyer just to go through the motions the lawyer can get a better deal then you can.
I would not even think of going to court for a DUI without a lawyer! Your instinct is right on, he needs one bad.
If his license was not taken at the scene, he is probably good to go as far as driving before his court date. Do not take my word for this though, I could be wrong! To be absolutely sure he should go to the your state’s licensing authority (Dept. of Motor Vehicles/Bureau of Motor Vehicles/ Dept of Public Safety, etc) and request an abstract of his license. That will tell him for sure if his license is still valid.
Once he has a lawyer, that person should be in charge of defense strategy, they are an expert!