If my son is going to court on his 1stDWI charge, what should he do?

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If my son is going to court on his 1stDWI charge, what should he do?

Asked on August 2, 2011 Missouri

Answers:

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

Answered 10 years ago | Contributor

A DUI triggers 2 cases - 1 civil, 1 criminal. Accordingly it would be best if your son had legal counsel. There are defenses to such a charge. A skilled DUI attorney could potentially get the charge dismissed on a technicality (or at least possibly get it reduced to reckless driving or the like).  An experienced lawyer could also win an acquittal at trial. For example, with regard to a dismissal or acquittal, the accuracy of a breathalyzer test could be challenged.  There may also have been procedural improprieties which could result in a favorable determination for your son. Since he is a first-time offender, he may be eligible for a special alternative sentencing program (if such a program is available in your state). The result would be to would clear his criminal record history. This is critical for future employment, professional licenses, etc. Not to mention the effect this can have on his driver's license and insurance rates.


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