General Question

lizzyluckbox's avatar

Do you need a lawyer for a DUI in California?

Asked by lizzyluckbox (245 points ) March 12th, 2010

my 31 yr old (baby) sister recently got a dui (blew 0.13)...she got one 13yrs ago on her 18th bday. she’s also currently on chemotherapy…and normally doesnt drink..but something possessed her too that night. not judging. i just wonder if the chemo affected her b.a.l. etc….i’ve read where if its been over 10 yrs…its treated as first offense…anyone have any useful info i can pass along?

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8 Answers

escapedone7's avatar

I am no legal expert. From what I understand, if you are charged with a criminal offense and cannot afford a lawyer the court may appoint a public defender. There are people on here who know a lot more about law than I do. Hopefully they will see your question. I will try to do a search and see what I can find.

Fred931's avatar

No matter what the case is that punny?, if you want to make a plea for not guilty, you should almost always get a lawyer. They almost definitely understand the law and the court system much better than you. In terms of the free lawyer, I think this is only an option when the court decides, based on factors such as income, that it is impossible for you to afford a private lawyer.

YARNLADY's avatar

Required? – No, but I would certainly recommend hiring a lawyer, or having one appointed by the court.

marinelife's avatar

I think you need a lawyer for a DUI no matter what state you get it in. You will be glad you had one.

mollysmithee's avatar

I would definetely get a lawyer in this situation. Particularly because it is a second time offense. DUIs are really serious in every state. A good lawyer can make sure your legal rights were respected and identify lesser charges among other things. Here is an article that lists some of the things a DUI lawyer can do for a case: http://www.cowanlawfirm.com/articles/importance-of-a-good-lawyer/
Good luck.

amykloster's avatar

There are certain things that DUI lawyers can really help with. This article states a number of the instances in which an attorney can help out-I know it’s Arizona, but I felt like the instances and facts were pretty solid. For instance, they can find things that went wrong during the arrest such as bad brethalyzer reading, reasons for being pulled over, etc. It’s also VERY possible that the chemo influenced the BAC results. These are all things you should definitely look over and bring up at the court. I think it would definitely be worth at least discussing it with a dui attorney. Best of luck.

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