Domain: tiger-web1.srvr.media3.us Looking for advice on first time DWI/DUI. | Page 4 | O-T Lounge
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re: Looking for advice on first time DWI/DUI.

Posted on 2/12/25 at 5:11 pm to
Posted by financetiger
Member since Feb 2008
1856 posts
Posted on 2/12/25 at 5:11 pm to
If you want to fight the charge (and I certainly would), then get a lawyer who really specializes in DUI. This is not a lawyer who'll look at your case and tell you, "I think I can get you the first-time offender deal." That's bogus. You want a guy who's going to challenge every aspect of the prosecution's case, from jurisdiction to probable cause and even the accuracy of the relevant calibration certificates. If that doesn't work, he'll just run the clock down until one of the witnesses relocates out-of-state or something.

Can you suggest some names in the BR/Prairieville area?
Posted by The Torch
DFW The Dub
Member since Aug 2014
28656 posts
Posted on 2/12/25 at 5:14 pm to
If Louisiana still has Article 894 and you have a clean record, go to court and tell the judge you would like to be sentenced under it.

You will get a fine, community service and maybe have to do an alcohol awareness class.

If you do all of this and don’t frick up again in the time frame, it will not go on your record as far as insurance/ employment background checks.

Call an UBER next time dummy
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
5133 posts
Posted on 2/12/25 at 5:18 pm to
Take it FWIW, but if this cowboy were ever accused of DUI, he’d hire a lawyer in a heartbeat. To be clear: I am a lawyer myself, and I’ve handled a few of these cases for other folks. But, there is no way in hell that I’m going through that process without advice of counsel.

And, no, I don’t want your “friend’s” case either.
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 2/12/25 at 5:19 pm to
Better Call Saul
Posted by LRB1967
Tennessee
Member since Dec 2020
23077 posts
Posted on 2/12/25 at 5:20 pm to
Hiring an attorney is the sensible thing to do
Posted by FOBW
N.O.
Member since Sep 2016
438 posts
Posted on 2/12/25 at 5:24 pm to
A lot will depend on where it is and how the da approaches dwis.

A lot will depend on the attorney you, sorry, your “friend” hires. Hire one experienced in the dwi area and can explain what the options are in that court. If the advice is hire me and then plead guilty, keep looking.

Goal is to avoid dwi conviction.
Posted by N2cars
Member since Feb 2008
38575 posts
Posted on 2/12/25 at 5:25 pm to
He 1,000,000% needs an attorney.

DUI's long ago stooped being about public protection and are just a money-grab by local yokels


That said, he's an a-hole if he drove drunk.
Second offense oughta be 5 years.
( I know it was his 1st)
Posted by Funky Tide 8
Bayou Chico
Member since Feb 2009
56379 posts
Posted on 2/12/25 at 5:28 pm to
(no message)
This post was edited on 2/12/25 at 5:29 pm
Posted by Jebadeb
Member since Oct 2017
5752 posts
Posted on 2/12/25 at 5:29 pm to
Hiring an attorney is probably not going to have a big effect on this. If he can get into a pretrial program, then that's probably the best he will get. If not, and the DA's office wants to prosecute then consider a lawyer. But I would talk to a public defender first.

Source:

Multiple misdemeanors in my college years with no lawyer

Paid $3500 to lawyer for a dwi and still had to pay a fine, do classes, counseling, community service, and house arrest. I don't think I did any better having a lawyer.
Posted by LSUAngelHere1
Watson
Member since Jan 2018
10137 posts
Posted on 2/12/25 at 5:31 pm to
Glynn Delatte
Posted by N2cars
Member since Feb 2008
38575 posts
Posted on 2/12/25 at 5:34 pm to
I disagree, but I respect your post.
Posted by Porpus
Covington, LA
Member since Aug 2022
2681 posts
Posted on 2/12/25 at 5:35 pm to
quote:

Can you suggest some names in the BR/Prairieville area?



Unfortunately, no; I have not lived in Baton Rouge for many years. Here's a suggestion, though: go to a court where DUIs are being tried in your area- the exact court your friend will be tried in, if possible- and observe. It will quickly become clear who the hot-shot DUI attorneys are. I doubt you'll need to attend more than 2-3 sessions before you see a DUI litigated before a judge.

If it does take longer than that, it might be a court that just rubber stamps DUIs. In that case, figure out where those rubber stamp judgments are appealed, and figure out who the defense attorneys are there.

In fact, if you don't want to watch court, just determining what attorneys are appealing DUIs might be helpful. Those attorneys are probably not the pushover "I can get you the 894 if you're nice" types.
Posted by Townedrunkard
Member since Jan 2019
14360 posts
Posted on 2/12/25 at 5:40 pm to
quote:

You'll get the same deal whether you have an attorney or not. The min. deal.


This is true. You may only need an attorney to handle the civil portion of the DWI, the suspended license. They always put first time dwi cases in a pre trail intervention program. It’s a money grab.

Make sure he files to request an appeal getting his license suspended. They will do a hearing over the phone.
This post was edited on 2/12/25 at 5:43 pm
Posted by Townedrunkard
Member since Jan 2019
14360 posts
Posted on 2/12/25 at 5:47 pm to
quote:

If you want to fight the charge (and I certainly would), then get a lawyer who really specializes in DUI.


I’ve had an attorney tell me he can get anyone off a DWI if they didn’t blow.

He’s claiming he blew so he’s probably fricked. The attorney will just get you the first timer deal and then take your money.
Posted by RichJ
The Land of the CoonAss
Member since Nov 2016
5338 posts
Posted on 2/12/25 at 5:51 pm to
quote:

He blew a .11


Never, never take the breathalyzer…
Posted by Porpus
Covington, LA
Member since Aug 2022
2681 posts
Posted on 2/12/25 at 5:52 pm to
quote:

He’s claiming he blew so he’s probably fricked. The attorney will just get you the first timer deal and then take your money.

Not necessarily. The state has to get all their ducks in a row for the trial- witnesses present, jurisdiction and probable cause demonstrated, instrument calibration documented, and many other things. Then, if they win, they have to get their ducks in a row for the appeal. The appeal will likely happen several months, perhaps many months, after the offense. Cops move. They change jobs. They mess up reports, and sometimes they go on fishing expeditions. You definitely need an attorney who's willing and able to pursue these avenues, but they exist. Often, the people hiring such an attorney absolutely cannot be convicted of DUI without a major change in their life circumstances, and the free market dictates that representation is available for such people.
This post was edited on 2/12/25 at 5:54 pm
Posted by AUstar
Member since Dec 2012
19468 posts
Posted on 2/12/25 at 6:02 pm to
I think it's funny the OP told his friend he would ask OT.

Friend: "I got a DUI last night man, what I do?"

OP: "Don't worry, baw, I will ask OT."
Posted by Dirt Booger
Comanche County
Member since Apr 2023
800 posts
Posted on 2/12/25 at 6:04 pm to
For everyone saying he shouldn’t have blew, do they not do blood draw warrants where you are?

Locally if you refuse the judge signs a search warrant for a blood draw and you’re brought to the local hospital. On top of that it’s an automatic one year suspended license for refusal.
Posted by Porpus
Covington, LA
Member since Aug 2022
2681 posts
Posted on 2/12/25 at 6:09 pm to
quote:

For everyone saying he shouldn’t have blew, do they not do blood draw warrants where you are?



If they try to stick a needle in my arm against my will, that's turning into a whole different set of charges. I'm almost 50. I've seen everything I need to, accomplished more than I ever thought I would, and there are lines I'd just rather go to prison over than cross.
Posted by RichJ
The Land of the CoonAss
Member since Nov 2016
5338 posts
Posted on 2/12/25 at 6:12 pm to
My point is not to incriminate yourself. Suspended license is better than a conviction of DWI…
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