Simply stated, if you are stopped and charged with drunk driving, you need to hire a lawyer. This is true whether it is your first offense or your second, third, or later offense.
Most states have ways of reducing the legal penalties for first time offenders.
Most states have some type of pre-trial intervention program for drivers charged for the first time with drunk driving. In these cases, the driver does not go to court, but admits driving when drunk. In exchange for the admission, the driver is required to go to alcohol awareness classes, perform community service, and/or pay a fine. Because the driver does not go to court, there is not a record of conviction for drunk driving.
Other states have a system whereby a driver goes to court, admits to driving when drunk, and receives a reduced penalty. Often the penalty is to require that the driver perform some type of community service, attend alcohol/drug awareness classes, and pay a reduced fine. After a period of time, if the driver is not charged again with driving under the influence, the driver can seek to have the conviction expunged or removed from the driver's record.
Negotiating either one of the above two situations is really a job for an experienced attorney. Individual drivers do not know how the system works and may not receive as good of a deal as the lawyer can get for the driver.
For multiple offenders, the legal penalties can be stiff including jail time. Because of the stiff penalties, many second, third, etc., drunk driving offense cases go to trial.
Some people think that since they know the drunk driving laws, they can handle their own case without a lawyer. However, knowing the laws is not enough. When cases go to court, the driver defendant needs to also know rules of criminal procedure, rules of evidence, and local court rules and procedures.
The defendant driver also needs to know how to present a case, what motions to make, and when to make the motions. For a simple example, in the prosecution of a drunk driving case, the prosecutor must prove that the incident occurred within the jurisdiction of the Court. If the prosecution does not prove where the incident occurred, then a motion must be made at the right time to have the case dismisses. An untrained individual will most likely miss this fact and motion.
Experienced lawyers know what needs to be proven and how to present a defense in court.
This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.
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