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Got my first DUI and I'm planning to plead not guilty and get a public defender. Is that the right thing to do?
Anonymous2 views4 answers
I was pulled over for speeding. The CHP asked if I had been drinking and I said I had one drink. They did a sobriety test and breathalyzer and then arrested me. I was breathalyzed again at the station and it was .11. I spent the night in jail. The cops were extremely nice to me and said I might not get charged with a full DUI. They didn't give me a speeding ticket, just the DUI. I'm extremely nervous about my court date, but I can't afford a lawyer. I'm just not sure what to expect. Any info you have would be most appreciated!
You'll be fine. If you qualify for the public defender, enter a not guilty plea and let the public defender do his or her job. They will tell you what a standard first-time DUI sentence might be and how the court case will proceed.
At your first appearance, ask for the public defender. You will definitely need an attorney to deal with this. In addition, contact the DMV, because you need to schedule an administrative hearing within 10 days of your arrest. Unfortunately the PD does not handle administrative hearings, so you'll have to deal with that yourself unless y get an attorney.
Unfortunately, you've probably already suffered a license suspension through a DMV process that's separate from the criminal court case. If you don't request a hearing within ten days of arrest, DMV automatically yanks your license.
The public defender *is* a lawyer who is paid by the government to help people who can't afford to hire their own lawyers. At your first court date, the public defender will probably enter a not guilty plea on your behalf, then ask for a future court date so he or she can get the police reports and discuss the case with you.
If you can't afford a privately retained lawyer and you qualify for a public defender, that is usually a better way to go than trying to represent yourself. And certainly better than entering a guilty plea without knowing anything about your case. Good luck.
