Free DUI Lawyer In California

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.

Reader’s Question:

I have a DUI conviction in Fresno, California and luckily, my insurance company was able to give me coverage. But I’m just curious, what could be the reasons that an insurance company would not provide insurance for me anymore and how long do I have to carry the SR22 insurance?

Derek

Fresno, CA

Because of your DUI conviction in Fresno, California, you would have to carry the SR22 car insurance for a minimum of three years. This is a type of car insurance required by the California Department of Motor Vehicles (DMV) and the courts for drivers after a DUI-related offense. The SR22 form serves as an agreement between the DMV and your SR22 provider that requires the insurance company to immediately notify the DMV if the insurance company is no longer providing insurance for the driver anymore.

One of the reasons why an insurance company may not be able to provide insurance anymore is because of a lapse in coverage. Your SR22 insurance could lapse due to missing a payment or being late making a payment. The other reason could be a termination of your coverage. If your insurance company decides that you are too high of a risk due to maybe another accident or and/or DUI offense. One other reason is that if you switch SR22 providers. Even if you switch provider for your SR22 insurance, your insurance company is still required to file a Notice of Cancellation of California Insurance Proof Certificate.

If you’re going to get a fee agreement with your DUI attorney in CA–and you absolutely have to–then you probably might not be completely clear on what it is. If you are going to have a fee agreement written up, which is something that should happen in your first consultation, then you will need to know a few questions so that you can ask them and guide the drafting of your agreement.

• Services. Your fee agreement should have a list and description of everything that your DUI attorney in CA will do for you, or will be able to do.
• Your end. There will also be a list of what you have to do to keep the lawyer-client partnership up and your case going.
• Interests and extra charges. There should be a break down of the individual charges which will be part of the fee, and also an explanation of how they can change. And, of course, you should know how you will pay in a payment plan and the interest rate you will pay at.
• Ask your DUI attorney in CA what is in your power to do to make sure you keep your case as inexpensive as possible.

Most of all, you shouldn’t forget that the fee agreement that you are being given isn’t completely certain most of the time. It’s your first consultation and more information will likely be needed, and things change. It’s an estimate, but it should give you an idea of the range you are dealing with.