A question about legal aid/lawyers.

[ed629]

Someone that I know was arrested for a 3rd DUI in 3 years, the second and third one were within 6 months of one another. They used a public defender for their 2nd one, and will be getting 7 days in jail and 30 days community service. They are very worried about their 3rd one and want to hire a lawyer for their 3rd one. Does anyone have an idea of what it may cost for a lawyer for a 3rd DUI offense? And how bad it can be for a third one?

In no am I defending what they did, they made some very bad choices.

 

[Timby]

Depends on the state and the aggravation of the offense: What was the BAC? Was an accident involved? Were there passengers in the car? What's the prior driving and criminal record?

Third-offense DUI is a serious felony in almost every state in the nation (except maybe Wisconsin, where first-offense DUI is just a traffic ticket with a $300 fine, and it doesn't become even a minor felony until, I think, the fourth offense). In the State of Illinois, a third offense carries with it a possible imprisonment of 3-7 years, fines of up to $25,000 or both; revocation of driving privileges for a minimum of 10 years and suspension of vehicle registration. (If it's committed with a BAC of .16 or more, in addition to any other criminal or administrative sanctions, it has a mandatory imprisonment of 90 days and amandatory minimum fine of $2,500.)

In the State of Iowa, on the other hand, a third-offense DUI carries up to five years in jail and a $2,500 to $7,500 fine, along with a six-year license revocation.

A good DUI lawyer can run you in the high four figures, sometimes close to $10,000 (because people will pay a lot of money to avoid jail time). Have your friend apply for the public defender, but as soon as that paperwork is filed, tell him to fucking quit drinking and get into treatment. Anyone can make the first mistake of having one or two too many and getting behind the wheel. Doing it twice means you've got some real judgment problems. Three times? That's a serious, serious problem with substance abuse and judgment, because that's three times your friend has gotten behind the wheel with the very real possibility of killing someone -- and that's only three times he's gotten caught.

 

[ed629]

This is in Georgia, the 4th here is a felony, and the vehicle you are driving is seized, doesn't matter if you own it or not. And on the last two she was driving on a suspended license as well. No accidents in any of them, but does have a prior felony conviction (non-violent) and a misdemeanor conviction too. Currently, she's looking at 4 license reinstatement fees, at least 12 month probation along with fines and fees.

She will have to pay all the fines and fees on her own as well as a lawyer, but the clincher is where she got her 3rd one, that county is very tough on DUI. She's worried she will get at least 30 days, maybe more.

I was guessing at least $3,500, but now looks like it can be a lot more because of her past record.

 

[Jetfire]

^
I don't think drinking and driving is right in any way shape or form...believe me I have had close calls...she needs to get a good lawyer no matter the cost and do what she can to turn her image around for the judge...like treatment as mentioned...other than that she could do the time, pay the fine and just take a huge hit here. With out getting a good lawyer to spin this in her favor...she is screwed.

 

[Timby]

This is in Georgia, the 4th here is a felony, and the vehicle you are driving is seized, doesn't matter if you own it or not. And on the last two she was driving on a suspended license as well. No accidents in any of them, but does have a prior felony conviction (non-violent) and a misdemeanor conviction too. Currently, she's looking at 4 license reinstatement fees, at least 12 month probation along with fines and fees.

She will have to pay all the fines and fees on her own as well as a lawyer, but the clincher is where she got her 3rd one, that county is very tough on DUI. She's worried she will get at least 30 days, maybe more.

I was guessing at least $3,500, but now looks like it can be a lot more because of her past record.

Christ Almighty, those penalties are almost as lenient as Wisconsin. Three instances of being caught for driving under the influence of alcohol, two of which are within six months. Your friend needs to get sober.