A lot of times people will get a first time DUI and they will think, “It’s just a first time DUI, it’s a big ticket and I will go into court and beg for mercy and do what I can,” because hiring an attorney is too costly or they just don’t have time for it or don’t know who to use. The results can be very different for someone who walks into court with an attorney versus someone who goes into court without an attorney. The stakes are actually so high that if someone were to try to represent themselves in court, a judge may not even let them do that. The judge would have to have them fill out a waiver of their right to an attorney, explaining in a 4-page document how bad an idea it is to represent themselves.
A Person Should Exercise Extreme Caution When Contemplating Self-Representation in a DUI Case
You have the right to represent yourself, but the problem is that someone representing themselves just doesn’t know what to look for and you don’t know what you don’t know. You do not know what is available, what should be in a report, what’s not in a report, what is missing and what the legal issues are. If someone were to walk into court on their own without an attorney, they’re basically going to be at the mercy of not the judge but the prosecutor, the one who’s trying to put you in jail, fine you and take your driver’s license from you. The prosecutor’s job is to punish and to make sure that people do not reoffend and they’re interested in getting convictions and collecting as much money as they can for the state. They are not in the job of helping people out or cutting deals.
Self-Representation Can Result in Uncertainty as the Defendant Does Not Know the Best Options Available to Them
Every prosecutor is different and there may be some prosecutors who are always looking to do the right thing but most just don’t have the time. If you walk into court without an attorney, you’re going to get what you’re going to get and you don’t know whether that’s good or bad. Sometimes ,what the prosecutor offers maybe a fantastic deal and you need to move very quickly to accept that offer because that’s as good as it is ever going to get. If you represent yourself and continue to fight, things could get a lot worse for you. The opposite is also true: when you walk into a terrible deal and you do not know it is a terrible deal. You don’t know what you’re going to end up with.
A Self-Represented Defendant Usually Has to Plead Guilty and Face the Consequences
A private attorney who practices in that courtroom on a regular basis will know what should be there and what not should be there. When someone goes in and represents themselves more likely than not, they are going to be charged with a DUI and they are going to plead guilty to a DUI. They will be convicted and given all the punishments that are required plus usually additional penalties which are not mandatory. That would be a typical situation for someone who does not have an attorney representing them. The person trying to represent themselves will also likely suffer a lot of collateral consequences or will suffer the effect of other factors that they never considered which could ripple through their lives for years to come.
A Private DUI Defense Attorney Can Successfully Navigate a Case Towards the Best Possible Outcome
If somebody is represented by a good DUI defense attorney, they are going to be advised of what’s going on. What their choices are, what possible outcomes the attorney could see and what is included in the reports. What is missing from the reports and what is going on with the scientific aspects and legal aspects of the DUI case are other factors to consider. Somebody who has an attorney is going to be making a decision that is an informed decision based on knowledge that goes beyond that of somebody who is trying to represent themselves. An experienced DUI defense attorney would typically have years of experience in that particular courtroom with those particular prosecutors and with that particular judge. Knowing these factors allows the attorney to know where the case can go.
The Result of a DUI Case Can Greatly Differ with the Choice of Legal Counsel
The experienced DUI defense attorney knows where the pressure points are and where the best result can be found. So the result can differ greatly between those that are defending themselves with a skilled, knowledgeable attorney and those that are representing themselves and basically just pleading guilty. It can mean the difference between jail and no jail. It can mean the difference between a DUI and no DUI. It can mean the difference between someone getting a good name back or someone having their reputation tarnished for years to come.
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