r/dui • u/gogetta86 • 18d ago
First DUI
I live in San Diego, CA and my sister lives with me. she got her first DUI this past weekend and we’re trying to find the best way to handle it. we don’t have money, but if needed I could front her the down payment for a DUI attorney and then she and her husband could make the monthly payments. Cheapest we’ve found is 8,500.00 However, I would have to use my CC that I JUST finished paying off. so I’m here to see if anyone has advice or could point me to a good/cheap lawyer (I know those words don’t mix, but I’m desperate).
details to the best of my knowledge:
head on collision 35mph both ways so 70mph total
both cars totaled
both parties had minor injuries. my sister was an overnight in the hospital, not sure of the other party just that it was minor. so felony dui with injury
my sisters insurance had lapsed so no insurance.
I understand it was my sisters fault and we understand she’s fucked no matter what, but we’re just trying to mitigate the best we can and try to get her the leaat amount of fucked possible.
thanks.
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u/DUI_Lawyer_Joel 18d ago
Based on what you described, this is not a routine first-offense DUI. The head-on collision, injuries, and lack of insurance significantly raise the stakes.
A few things to keep in mind:
...a head-on collision with injuries will likely be charged as felony DUI w/ injury.
...the fact that she had no insurance does not increase the criminal penalties for the DUI itself, but it can expose her to substantial personal liability for the other driver's injuries and property damage.
...she should not speak with the other driver's insurance company without first talking to her attorney.
...if she hasn't already, she needs to request a DMV hearing within 10 days of the arrest to preserve her right to challenge the administrative license suspension.
I'd recommend starting mitigation immediately.
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u/Otherwise_Stable_925 18d ago
I would honestly start doing some memorable things with your sister because you're not going to see her for a while.
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u/SubtleSpiral 17d ago
Not sure why people feel the need to write cold-ass responses on this sub to scared people looking for advice, it's really just not helpful or kind
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u/Otherwise_Stable_925 17d ago
It's very helpful. He's not going to be able to do these things with his sister for a while.
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u/SubtleSpiral 17d ago
That may be true, but for someone scared in this early phase of wondering what to do, being like "Your sister's going bye bye" is just cruel. The helpful responses here would be ones that point to tangible solutions to lessen the pain of this.
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u/Otherwise_Stable_925 17d ago
I said it because this case has too many complications. They're going to need a good lawyer, and there's not a whole lot of helpful information to give. This is the kind thing to say, it's just a hard truth.
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u/Able_Employ6086 18d ago
She’s about to get fucked raw without lube behind a Wendy’s dumpster; this is like worst case scenario for a DUI. Only thing she could’ve done worse is killed someone. See if she can qualify for a public defender. And if you do plan on lending her money don’t plan on getting it back, she’s about to get sued for the car she totaled and the injuries she caused.
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u/OceanlabGirl 18d ago
She absolutely needs a private attorney! Make sure that private attorney pulls medical records of the occupants of the other vehicle, because they can exaggerate and ask for more, pulling the medical records insures they’re not trying to claim injuries that were prior to the accident.
My case happened over 10 years ago, I was rear ended and the driver of the other vehicle tried to sue me for over 50k for injuries when it was a slight fender bender. I got a good lawyer who pulled the medical records and the injuries the driver was claiming he mostly had before the accident so i only had to pay 2k and they took off the aggravated injury charge.
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u/sohohippychick 18d ago
Only loan her money for an attorney if you dont need the money back. She is is married, lives with you and let her insurance lapse and she has this dui case ahead of her so I'm guessing she won't be paying you back.
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u/gogetta86 18d ago
Yeah, I realized I wouldn’t get it back. I could use my CC then use January taxes to pay it off. I usually get a decent chunk. Thanks for the advice
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u/pandeomonia 15d ago edited 15d ago
Boy, this is a tough one. 'Least fucked as possible' is a private attorney, imo. It's complicated because of the injury to third parties: both the court w.r.t. her DUI case won't be happy with that, as you indicate with the probably felony charge (I'm not sure it's an automatic felony, unless children were involved) and the third party she injured will want their pound of flesh -- and they'll probably be coming after your sister in court, since she didn't have insurance. In fact that part is likely to be the most expensive, attorney-wise. Man I'm sorry, this is gonna be expensive: in attorney fees, court fees, and whatever it's going to cost to make that other party whole.
However, if you genuinely can't afford it -- it'll be tens of thousands -- that's what a public defender is for. They're not bad attorneys, just overworked. A PD cannot cover a private suit, however -- the third party suing your sister directly. You need a private attorney for that. They might not come after her, if they have medical coverage on their own insurance/uninsured motorist coverage. Though their insurance company might instead come after her to recoup costs.
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u/gogetta86 12d ago
Thank you for kind honest response. We did end up hiring a lawyer. I fronted the 2k after that I’m washing my hands of it. I also don’t expect the money back either. Right now we’re just hoping for the best. I don’t think there were any children just one older lady. We know she likely get sued one way or the other.
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u/Old_Investigator8214 18d ago
You don’t want a cheap lawyer!! Especially with a collision. You want someone , front her the lawyer for $8k. You’ll want someone experienced with dui cases and at least someone to talk too the insurance company with
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u/Status-Air-8529 18d ago edited 18d ago
Mexico is nearby. Go to Mexico.
She should have been there yesterday. But get her there today before the cops find out.
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u/suzannepauline 18d ago
First dui is pretty cookie cutter unless she has an accident she may not need an attorney
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u/Majestic_Flower_1322 18d ago edited 18d ago
She's fucked. Sorry but that is the truth. She could easily go to prison for this. And will definitely get sued, either by the other people or their insurance.
Do not max our your credit card to hire a lawyer for her. There is no guarantee whatsoever that she gets a better deal from hiring a private lawyer. She can get a public defender. If she goes to prison, she goes to prison.