Do you need an attorney when you go back to court after being arrested for DUI?

UPDATED: Sep 19, 2011

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Do you need an attorney when you go back to court after being arrested for DUI?

Asked on September 19, 2011 under Criminal Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically, no you do not need an attorney if your are arrested for a DUI. However, as a practical matter is a really good idea. The fact is that a DUI triggers 2 cases - 1 civil; 1 criminal. And any time criminal charges are involved it is always advisable to have legal counsel. An experienced DUI layer can be instrumental in either having the case dismissed, the charges reduced, or (if it comes to it) winning an acquittal at trial. A DUI case is based on certain factors that can successfully be defened against; for example, the accuracy of a breathalyzer test. And a conviction can have a drastic impact on employment, professional licensing, etc.

Bottom line, a skilled DUI lawyer can help achieve a significantly more favorable result, even if you are guilty, than pleading guilty and taking a straight conviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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