Reader’s Question:

How do I choose the right lawyer for my DUI case?

Miranda

Los Angeles CA

Finding a attorney for your ” driving under the influence ” could possibly be the most essential part of achieving the objectives in your case. There are a couple of resources available, and sifting through it to find the right ” driving under the influence ” attorney is a difficult job. Here are a few useful tips to help you look for a DUI attorney that’s best for you.

Be certain the DUI Lawyer Practices in your town

Finding out the particular judges, and the way they operate their own courtroom, although it will not affect what the law is , could increase your possibilities for a positive end result. Understanding the prosecutors, however, is definitely an very helpful source. Check to determine if the DUI attorney you are thinking about is aware the prosecutor’s names, and if he has worked with them in before. If not, ask what the attorney any ideas on carrying out to understand concerning them before stepping foot in the Courtroom.

In the event that your DUI lawyer is not really acquainted with your judge and your prosecutor, be sure he or she has a plan to acquire information about them before you go to the court.

Be certain the Lawyer is Current on DUI Law

DUI law is the most dynamic and complex area of litigation in the criminal law. So make sure your lawyer knows the current law on DUI.

Go over Expenses

Come with an honest discourse with regards to the fees the lawyer charges. Can they give flat rate arrangements or do they bill by hour rate? Can you pick the payment arrangement? What other expenses (postage, copy costs, telephone charges, etc) do they charge.

Do not ever pick an attorney dependent solely on their cost. One doesn’t select the least expensive physician, do you? While cost is probably a consideration, tend not to make it the deciding factor. Should you lose your career, invest an additional thirty days in prison or lose your ability to drive for a year, perhaps you have truly saved any money by picking the lowest priced attorney?

Remember to be comfortable with the DUI Lawyer

No matter the amount of or how minimal in paying your Drunk Driving attorney, unless you are secure with them and feel they will fight for what it’s you would like and need, you won’t be pleased with the results. Most DUI lawyers provide a free session in their office. Go meet them. Make a decision if they’re individuals you want and feel great about. Are you going to have the ability to contact them? Will they get back to you if you have questions, or will you be lost in a sea of voicemails? Ask a bunch of questions, and use the chance to truly interview them. If you don’t come across an attorney’s office that you feel cares about it and is qualified and efficient at carrying out things you need in your case, you won’t be satisfied with the outcome. Get the most benefit from showing interest in what they do, and finding the right DUI lawyer to suit your needs.

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Reader’s Question:

I’m afraid I’ll lose my license after being charged with DUI here in Downey. How can I avoid losing my license and driving privileges after getting a DUI?

Darren

Downey, CA

A DUI charge in Downey, California would have serious consequences and the penalties if convicted often include losing your driver’s license. The state of California would take away your license on the spot after failing the blood alcohol test during a DUI stop or refusing to submit to it. Whatever the situation is in your DUI case, you will need to find good legal representation. A DUI defense lawyer would the law and your rights.

You have to decide what and your DUI lawyer would argue regarding your need to have your license. Depending on the number of prior DUI convictions, a limited or restricted driver’s permit could be issued. This would allow you to drive to and from work, and sometimes to appointments that are absolutely necessary. You would have to confer with your DUI lawyer as to your best approach. You can also ask the lawyer how you could minimize the effect of a DUI conviction so that your future finances and employment will be affected as little as possible. The DUI lawyer can also give you tips on how to deal with your auto insurance after being charged with DUI and especially if you get convicted.

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Reader’s Question:

I have a friend who was charged for DUI here in Chino Hills, California and I guess his number one problem is getting a DUI lawyer because he thinks he can’t afford it. What can a lawyer do for him and how much will it cost him to get a DUI lawyer?

Larissa

Chino Hills, CA

A DUI lawyer who is dedicated to aggressively representing his client in court will sure to undertake a great deal of work well before the actual court date. Your friend can ask his potential DUI lawyer to describe in detail what the DUI lawyer will do for him for his DUI case in Chino Hills, California. If the DUI lawyer could not rattle off a mind-numbing list of tasks off the top of his/her head, he/she is probably not doing those things. But let me tell you now that a good DUI lawyer would definitely look at every aspect of your friend’s DUI case from the stop, detention and arrest, and look at the possible flaws that your friend can use on his defense.

Each law firm actually sets their own fees and they vary widely based on several factors, which are both relevant and irrelevant. Some lawyers do charge as little as $250 but others charge as much as $10,000 for first DUI offense. But your friend can find a DUI lawyer who charges $4,200 for first offense for a case with a low blood alcohol content. Don’t be lured to a big law firm that will charge your friend an initial consultation fee because he can definitely find one who will have the initial consultation for free.

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Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

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Reader’s Question:

We badly need help in my sister’s DUI case here in Los Angeles, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?

Mac

Los Angeles, CA

You and your family might be going through a tough time right now because of your sister’s DUI charge in Los Angeles, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.

Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.

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Reader’s Question:

I have heard several cases about DUI here in Whittier, California that makes me more curious about it. Question is, what are the possible DUI defenses that can be brought out in a DUI trial that are related to the DUI stop?

Kyla

Whittier, CA

In a DUI case in Whittier, California for example, the prosecution should prove that the person was driving a vehicle while intoxicated in order to be found guilty. You may think that this is very obvious, but this could be an issue that can be brought out in a DUI trial where the police officer arrives later at the scene of an accident or where a vehicle is parked and the driver is asleep.

Another defense that could be used in a DUI case is that the police officer didn’t have actual reason to stop the vehicle of the person who is suspected for DUI. The police officer simply has to have a probable cause to pull the driver over. Traffic violations such as unsafe lane change, expired license plate tags or speeding could provide the excuse the officer needs to pull a driver over. In other words, the officer should have a legal reason to stop the vehicle and suspect that the driver was intoxicated. Weaving within a lane is generally used for probable cause, but this by itself would not be sufficient evidence that the driver was indeed under the influence.

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Reader’s Question:

I was told that after being arrested for DUI in Anaheim, California, I would also have a civil case. What is this civil case and what does it have to do with my arrest for DUI?

BJ

Anaheim, CA

Aside from the criminal court trial in your DUI case in California, there would also be a civil case. This would be the administrative law case and it would be heard before the Department of Motor Vehicles (DMV). The administrative hearing has something to do with your driver’s license as this hearing before a DMV officer would determine whether you can keep your driving privileges or not. You should request for this hearing with the DMV within 10 days of the arrest.

You might be confused right now and you probably don’t understand that these are separate cases. It would be possible to win the administrative case with the DMV and loose the DUI criminal court case and on the other hand, it would also be possible to win the DUI criminal case and loose the administrative case with the DMV. But at times, the evidence collected for the administrative hearing could be used to get a reduction of charges in the criminal case.

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Reader’s Question:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.

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Reader’s Question:

I badly need your help because I don’t want to be in jail and I still wanna be able to drive. Is it really necessary for me to hire a DUI attorney after my recent arrest for DUI here in California?

Jane

Bellflower, CA

The solid answer to your question would be yes because experienced DUI attorney could help you understand the DUI charges and all of the issues that are involved. You should take your DUI case in Bellflower, California seriously because if you lose your case, it would require a mandatory jail sentence upon conviction and a driver’s license suspension. After all, you wanna save your freedom and license, don’t you? Having the services of a DUI attorney to defend you could result in the charges being dropped, being reduced to a non-alcohol or non-drug related offense or in some other more favorable outcome to you.

You have to be aware that there are several different types of DUI offenses and prior DUI convictions could substantially increase the penalties. There would also be two separate legal proceedings involved in a DUI case; one involves a criminal case and the other one would be a civil administrative case with the Department of Motor Vehicles. As a result, it would be very important that you understand California DUI laws and receive a favorable outcome the first time you are arrested, and know the things you can do to avoid or minimize the damage on your DUI offense as well as avoiding future DUI arrests.

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Reader’s Question:

I have been driving for a long time and this is the first time that I was charged with a criminal traffic offense that’s why a DUI charge is very new to me. What do you think is the first thing that I would so after being arrested for DUI in California?

Daisy

El Monte, CA

One of the fundamental rules that you should do after being arrested for DUI in  California is to request for an administrative hearing with the Department of Motor Vehicles (DMV) within 10 days upon your arrest. If you miss to request for the DMV hearing, you could lose your driver’s license for four months or so after 30 days. What’s even worse news is that the DMV hearing is entirely different from the criminal court trial. There would be no prosecutor at a DMV hearing and it is more often easier to “win” the defense at the DMV hearing than at the court trial.

With the knowledgeable guidance of a highly experienced DUI defense lawyer, you would be taken through the complicated process of a DUI case step by step. I tell you that you would not miss the deadline by which you must request the DMV hearing wherein you could risk losing your driving privileges for a certain period of time. Also, you would actually know when, where and how to file the required SR22 form from your insurance company.

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