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 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 inĀ  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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Reader’s Question:

My son was arrested for DUI here in California and his case is proceeding to trial since he pleaded not guilty to the charges against him. What could we expect to go through during the DUI trial?

Cadence

Camarillo, CA

Just like any other criminal trial, California DUI trial has certain distinct elements. The first phase on your son’s DUI trial in Camarillo, California would typically be the submission of pre-trial motions. The next stage would be the jury selection, where 12 impartial jury members are chosen. During this stage, both sides engage in the examination of prospective jurors, to each individual’s suitability for jury service. After the jury has been selected, both sides would give opening statements which is an opportunity for your son’s DUI lawyer and the prosecutor to give a preview of what is to come in the DUI case.

After the opening statements, both sides would engage in the examination and cross examination of prosecution witnesses and experts and the examination and cross examination of defense witnesses and experts. Both sides would engage in closing arguments once all of the witnesses have testified. This is usually a chance to recap the DUI case that has been presented to the jury. The next stage of the DUI trial would be the jury deliberations and, finally, the verdict. Your son will be sentenced if he will be found guilty for the DUI charge. But it would be very important to keep in mind that defendants in DUI cases can prevail at trial.

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Reader’s Question:

My brother was arrested for DUI sometime last week here in California. We believe that he was arrested at an illegal roadblock. Can the evidence be excluded because of an illegal search? If so, how can the evidence be excluded from the case?

Macey

Anaheim, CA

Motion to suppress could be an extremely valuable tool in your brother’s DUI case. Some potentially harmful evidence could be excluded when a motion to suppress is successful, therefore weakening the prosecutor’s case. Suppressible evidence is evidence secured by illegal means and in bad faith and it cannot be introduced in a criminal trial.

If your brother was arrested for DUI suspicion in Anaheim, California but at an illegal roadblock, the evidence against your brother, including field sobriety tests and chemical tests, may be excluded, even if the evidence shows that he was indeed intoxicated above the legal limit. The evidence could be excluded by filing a motion to suppress. This is a formal and written request to the judge for the evidence be excluded from consideration by the judge or jury at trial. Your brother’s DUI lawyer can certainly look into this and file a complaint that the police procedures in the DUI arrest violated your brother’s Fourth Amendment right to be free from unreasonable searches and seizures.

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Reader’s Question:

Back in March, I heard about this new DUI legislation that the Governor of California announced here in Santa Ana, California. I know it was about the accidents caused by driving under the influence. Could you recount to me the details of this new legislation?

Harris

Santa Ana, CA

Many states are now establishing extreme DUI laws to repel drivers who cause most injuries and deaths. California Governor Arnold Schwarzenegger signed off a new DUI legislation which was announced back in March of this year in Santa Ana, California. This new DUI legislation is meant to toughen DUI laws. It was named for Steve Ambriz, an Orange County Councilman who was struck and killed in a DUI crash in 2006. The new legislation will require all motorists renewing or obtaining a driver’s license to sign a statement that says they understand that it is dangerous to drive a vehicle while under the influence of drugs and/or alcohol. The statement also says that motorists understand they could be charged with murder if they are found responsible for a DUI accident.

The new legislation would toughen DUI laws in California as it would make it easier for prosecutors to pursue second-degree murder charges against those who drive under the influence and cause a fatal accident. Tougher laws are meant to catch violators and put them behind bars.

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Reader’s Question:

There are a lot of things that I want to know about DUI because I know someone who just got arrested for DUI in Fresno, California. I haven’t actually gotten caught drunk driving though I drink and drive at times. But just in case I get arrested, what should I say when a police officer asks if I have been drinking and do I have the right to an attorney after being stopped by a police officer?

Isabella

Fresno, CA

You must have been lucky if you do drink and drive and you haven’t been caught drunk driving in Long Beach, California. Anyway, there is not really a right or wrong answer to a police officer’s question if you have been drinking. Just so long as you don’t say, ’six beers and four tequila shots, officer.’ Seriously though, you are actually not required to answer potentially incriminating questions. The best answer to that is ‘I would like to speak with my lawyer before answering those questions.’ However, if you just say you ‘had a couple beers or a glass of wine that is not enough to cause intoxication,’ is not incriminating and can help explain the smell of alcohol on your breath.

Regarding your question if you have the right to an attorney after being stopped by a police officer, the short answer is no. Anyone asked by a police officer to pull over because of a DUI suspicion does not have the right to an attorney until you have been arrested. Though you can, and still ask for one.

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Reader’s Question:

I’m so scared because this is the first time that I was charged with DUI. I need help as to what consequences I will be facing for having this violation in the State of California? Should I get a lawyer?

Renee

Los, Angeles, CA

First, let me educate you that drinking and driving are two things that should never be combined. Everyone should be practicing not to drive drunk. There are a lot of consequences you may be facing with your drunk driving charge in California. Here are some facts about drinking and driving laws in California.

You may be charged with one of two things if you get an California DUI:

First statue is that an officer can arrest you if he determines you are impaired due to alcohol or drugs. The 2nd statue you can be charged on is your BAC or blood alcohol content. Some consequences of a California DUI may include, but are not limited to fines of up to $1300, jail time, offender school, work programs and probation of up to 5 years.

But be scared no more. A good DUI lawyer in California can definitely get you out of trouble.

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While I am of the opinion that you should be hiring an CA DUI lawyer in any kind of circumstance, I must admit that some people have fewer options and so, unless they are provided with a public defender, then they must rank their circumstances to see whether a DUI lawyer is absolutely necessary for them, because there are some cases where you are basically out of luck without a lawyer, whereas there are others where you can squeeze by without them.

  • You might get by without hiring an CA DUI lawyer if…

Being convicted criminally for the DUI could impede your chances of getting hired at a job, or if the job you currently hold requires bonding, or if the conviction could get you fired. You need someone who can explain the ins and outs of DUI law to you.

  • You probably won’t get by without hiring an CA DUI lawyer if…

This is DUI charge number two for you. You had twice the normal blood alcohol level when pulled over. A minor was with you.

  • You don’t have a chance without a DUI lawyer if…

This is DUI charge number three or above for you. Your DUI charge is the result of a serious accident. You are someone whose job requires driving, such as a taxi driver.

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