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re: Looking for advice on first time DWI/DUI.
Posted on 2/12/25 at 6:13 pm to financetiger
Posted on 2/12/25 at 6:13 pm to financetiger
quote:
Looking for advice on first time DWI/DUI.by financetiger
quote:
. He blew a .11 and it was a first offense.
quote:
Also was told to go and file for Article 894 and that he didn’t need one for that either.
Tell your friend to get the absolute cheapest attorney. Not a public defender. One for like $1000.
You don't need a DUI attorney when your friend blew a 0.11.
If your friend didn't blow then you hire a Glenn Delatte.
0
Posted on 2/12/25 at 6:18 pm to financetiger
Depends on the parish, but I got one about 15 years ago in St Tammany and got it removed from my record via pre trial intervention. Between the attorney and all the bullshite they hit you up for, I spent about $8k. Had to go to a meeting on Saturday for 6-8 weeks, breathalyzer in car, etc. Fun times.
Posted on 2/12/25 at 6:26 pm to financetiger
Here is what an attorney would do for him -
He blew over the limit, but not by much, so the first thing you do is ask to plead to something less than a DWI such as a traffic violation (ROMV) or ask to be put on diversion. If he has a clean record and his offense was not particularly egregious, sometimes the DA will agree to that. If not, the 894 is usually the next best option.
If it gets more complicated than that, ask for a continuance and get a lawyer.
Of course, the attorney can scrutinize the facts to see if you have a legitimate defense. This is rare, but not unheard-of.
I am not telling you not to get a lawyer because it is better to have one, but that is what you can look for.
He blew over the limit, but not by much, so the first thing you do is ask to plead to something less than a DWI such as a traffic violation (ROMV) or ask to be put on diversion. If he has a clean record and his offense was not particularly egregious, sometimes the DA will agree to that. If not, the 894 is usually the next best option.
If it gets more complicated than that, ask for a continuance and get a lawyer.
Of course, the attorney can scrutinize the facts to see if you have a legitimate defense. This is rare, but not unheard-of.
I am not telling you not to get a lawyer because it is better to have one, but that is what you can look for.
Posted on 2/12/25 at 6:33 pm to financetiger
quote:
Any advice would be grateful
If, in the future, your “friend” gets pulled over after drinking and has any doubt whether he’s gonna be over the limit or not, tell him not to do the field sobriety tests or blow. He’s getting convicted now since he blew well over the limit.
Posted on 2/12/25 at 6:36 pm to JonTheTigerFan
Call Delatte & Edwards
Posted on 2/12/25 at 6:47 pm to LSUCCU
quote:
Call Delatte & Edwards
No. The idiot blew a 0.11. Delatte will charge him $5000 minimum and still might not get it off.
You hire Delatte if you don't blow.
Posted on 2/12/25 at 6:59 pm to Mingo Was His NameO
quote:
Zero excuse with ride sharing apps
Since when did we need an excuse to slam 15 miller lites and hit the road?
Posted on 2/12/25 at 7:01 pm to financetiger
quote:
you don’t need an attorney
Solid advice
Posted on 2/12/25 at 7:05 pm to Porpus
quote:
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.
What? Nobody is going to damn trial for a first time DWI. Even without a trial you are spending 5k for a good dwi lawyer
Posted on 2/12/25 at 7:43 pm to financetiger
All the advice and whatever punishment your friend gets means nothing unless they learn a lesson here.
Posted on 2/12/25 at 8:10 pm to TT9
quote:
zero excuses period. It's one of the most selfish thing anyone can do is drink and drive.
I bet $1,000 that you have driven legally drunk over 0.08 BAC before. It's always the ones like this that are the biggest offenders.
This post was edited on 2/12/25 at 8:11 pm
Posted on 2/12/25 at 8:16 pm to financetiger
quote:
Someone I know (no, it’s not me)
Sure,sure.gif
Posted on 2/12/25 at 9:08 pm to financetiger
Never blow. Can still do the pre trial diversion.
Posted on 2/12/25 at 9:09 pm to el Gaucho
Sounds like you need to control your boyfriend
Posted on 2/12/25 at 9:10 pm to financetiger
quote:
Was told by someone that you don’t need an attorney if you request the pre-trial intervention within 15 days. True or not?
Don't know where you are, but here in Alabama deferred prosecution is essentially guaranteed for a first offense DUI. You don't even need an attorney.
Posted on 2/12/25 at 9:14 pm to financetiger
Get an attorney. Everyone on here will tell you it’s trashy. 3 beers at dinner can get you a dw
Posted on 2/12/25 at 9:24 pm to Dirt Booger
They will get a warrant for your blood but it could still take a few hours. Some parishes have the nurses come to the jail to draw blood
if this guy’s BAC was “only” .11, he could’ve refused and by the time they got to the jail to draw his blood he could’ve been under the limit
if this guy’s BAC was “only” .11, he could’ve refused and by the time they got to the jail to draw his blood he could’ve been under the limit
Posted on 2/12/25 at 9:42 pm to financetiger
Go before the judge and intimidate him as much as possible. More than likely he will let you off easy.
Posted on 2/12/25 at 11:10 pm to Porpus
quote:
If they try to stick a needle in my arm against my will, that's turning into a whole different set of charges.
Yep, you get the one year suspended sentence for refusal, contempt of court for refusing a judges order, and will still likely get convicted because all of this will be used as evidence in your DWI trial.
Posted on 2/12/25 at 11:14 pm to RichJ
quote:
My point is not to incriminate yourself. Suspended license is better than a conviction of DWI…
If you’ve ever ready the paperwork related to chemical testing it says that your refusal will be used as evidence against you. I’m not saying you don’t have a better shot at winning, but the state has made it really hard to beat DWIs, and rightfully so.
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