Reader’s Question:

My brother was charged with DUI here in California. He fully understands that he needs to seek help from a lawyer. Can we get a general practitioner or does it have to be a DUI specialist? How can we choose the best lawyer who would represent my brother in court?

Laura

Chula Vista, CA

Not all California DUI defense lawyers are the same. Some might be able to defend your brother and tilt law to his favor. Others might just drain your brother’s resources and might not be able to keep him from going to jail. His life and his future will depend entirely on how well he is represented, so your brother would have to choose his lawyer carefully.

You have to remember that DUI laws require a special attention because DUI defense is an extremely complex and specialized field. It will not be a good idea to hire a ‘generalist’ lawyer because it would be like hiring a dental hygienist to perform oral surgery. See if a big percentage of the lawyer’s cases are DUI related or if he/she is a specialist in DUI. This is the only way for your brother to determine that he is dealing with a professional.

You can also check the attorney’s rank through the Martindale-Hubbell International Directory of Attorneys and you must also check the California DUI lawyer’s general background. You must certainly give more credit to DUI lawyers who are Board-certified members of the National College for DUI Defense because this reaffirms their expertise in the DUI field.

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Reader’s Question:

I was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?

Robin

San Diego, CA

HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.

All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.

Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.

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Reader’s Question:

I’ve seen the words “AV rated” on the adds for some DUI lawyers. What is an AV rated California DUI lawyer?

Joanne

Great Question Joanne.

An AV rated California DUI lawyer is undoubtedly a lawyer of such quality that they were conferred the honor of being rated by their peers and colleagues. An AV rating is determined by other lawyers and measures the lawyer in question’s contributions to law and the community. Having a good AV rating implies a lot of things about the lawyer–it means they probably participate in learning and teaching about law, that they have many many years of experience, that they have proven to be successful both in their business and in their cases, that they are valuable to the law community, and more.

One setback for you here is that the prices these lawyers charge may cause you to faint. There’s really no point hiring an AV rated Oakland California DUI lawyer for a small, insignificant case, as that’s kind of overdoing it, but if you have a big one a lawyer with this rating might be necessary for success.

–Fashun.

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Reader’s Question:

What does it cost to hire a lawyer for a DUI in Santa Barbara California?

Ben

Santa Barbara CA

Thank you for asking Ben

Fees may differ depending on the law firm or attorney, the facts and seriousness of the case and if the case is settled or tried. But, for a first offense DUI without aggravating factors, fees will generally range from as little as $1000.00 (typically charged by a lawyer with limited experience and no expertise in drunk driving defense (DUI)), to over $5,000.00 (for DUI defense lawyer with extensive experience and a practice devoted exclusively to the defense of Driving Under the Influence (DUI) cases). However, other than considering the cost for DUI lawyers, practitioners dedicated to the art and science of California DUI defense must also be considered and that it is the quality, not the cost, of your legal representation that should be of your greatest concern when retaining a lawyer. Make sure that the decision you make today in choosing Santa Barbara DUI defense lawyers will affect your rights, driving privileges and lifestyle for years to come, in that a Court conviction and DMV suspension due to California Drunk Driving will remain on your Court and DMV records for the next ten years.

MariCAR

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Even though having a California DUI attorney is very helpful and the most certain way for you to see a good (or not so bad) outcome for your DUI case, there are some cases which, while still recommendable, you may be able to squeeze into a good solution on your own with a lot of hard work. However, if your problem is price, remember that there are many experienced DUI lawyers which have low rates or who will work with you on a payment plan.

If you meet one of the following criteria, you probably need a California DUI attorney.

  • This is your second case for driving under the influence of alcohol or drugs. Because you’ve already gotten in trouble for this before, you are less likely to be given any slack and will have to fight very hard.
  • You were exceptionally intoxicated at the time of your test. If your blood alcohol limit was twice the limit which is legal to drive in the state of California, then your consequences are heavier.
  • While you were driving drunk, there was a minor in the car with you.
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