Arrested for DUI in California
Don’t make yourself crazy. Don’t spend countless hours searching the internet for advice. Don’t call 17 random lawyers from the internet. Don’t call any lawyers who send a letter to your house after you are arrested.
Do call a lawyer to whom you are referred. Yes, ask your family, friends or trusted associates if they know a good criminal defense lawyer. If your friend liked their lawyer, that’s a great place to start. If you don’t know any criminal or DUI lawyers, ask a civil lawyer if they have a friend that does it.
Most of my clients (about 95%) are referred by other lawyers and past clients. I don’t advertise. I don’t send lenders trying to prey on people after they have been arrested. I get clients the old fashioned way. I do a good job for my clients, and they tell their friends. It’s a very simple business model.
Once you get referred to your potential lawyer, call the lawyer. Is he or she willing to meet with you? Will they offer you a free consultation or case evaluation? If not, maybe they are too busy or too greedy to handle your case.
Does your lawyer listen to what you have to say? If not, or if you don’t feel comfortable with the lawyer after meeting them, try a second lawyer. Maybe the first one isn’t the right fit for you. After all, lawyers are people too. They have personalities. Our personalities have to fit together in order to work well together and achieve the best results.
Talk to your lawyer. Explain the case to your lawyer. Does your lawyer seem willing to listen/interested in the case? Did your lawyer explain the process to you about how things will work in court and with the DMV? Did you discuss attending court with your lawyer? What is your/your lawyer’s preferred method of communication? Do we agree to text or email or talk on the phone?
My two favorites:
- If your lawyer tries to scare you to death, run like hell.
- If your lawyer promises you the world, run like hell.
Remember, we lawyers cannot make promises about the outcome of a case. We cannot make guarantees about the outcome of a case. We can give opinions, but we shouldn’t be blowing smoke up our clients…in order to get hired.
And yes, I still hear it all the time. The mother of an old client told me last week that she didn’t like her current lawyer. She was too embarrassed to hire me for the third time, so she hired someone else. He was from another county, and she didn’t feel quite comfortable with his work. She found someone on the internet – a total stranger to her – she was about to drive to his office and hand him $45,000.00 in cash because he told her what she wanted to hear: He told her he had lunch and played golf with all the judges and DA’s in that county. He told her he used to be the DA’s “go to guy” for that type of criminal case. Lies, all lies simply to dispossess this poor woman from her money after she had already paid a very competent and honest lawyer.
Wow, this was supposed to be a DUI blog, so here goes:
Hire your lawyer after you meet them and feel comfortable with them. A DMV request does need to be made within 10 days of the arrest. You can do that yourself or many lawyers will do this as a “favor”. It helps forge the relationship between client and lawyer. Court will not likely be for at least three weeks, maybe more.
The initial court appearance is called the “arraignment” where you are advised of the charges and normally plead “not guilty” and set a settlement conference later in time. We also get the initial police reports and evidence to review. More about the court process in another blog.
Before court, talk to your lawyer. The lawyer should do a thorough “intake” interview about the facts of the case, the drinking pattern, reason for the stop, etc.
Talk to your lawyer about a realistic outcome for the case. Talk about a desired outcome in the case. Most cases DO NOT get dismissed. Most case do not even go to trial. Will a DUI conviction cost you your job or license or other significant problems? Do you travel internationally? Are you a US citizen? These are all parts of the initial consultation. This should all be part of your conversation with the lawyer that will be working on your case, not his sales rep, case manager, assistant or otherwise.
Find out what you are paying for: Settlement, trial, etc. Do you need an expert witness? Read your lawyer’s written fee agreement. It is designed by the State Bar of California to help you and to protect you, the naïve client from the sophisticated lawyer. More about costs of hiring a DUI lawyer in another blog.
A first offense, misdemeanor DUI is punishable by jail time and loss of driver’s license. Normally, on a first offense with no aggravating factors, there is no jail time here in Los Angeles County. The law requires three years of probation, a large fine, at least a three month alcohol school and more. The conviction causes a license suspension by DMV. It may require an ignition interlock device. You will suffer to points on your DMV driving record and have to file and maintain an SR-22 proof of broad coverage financial responsibility for 3 years. This means very high insurance rates for three years.
If you or someone close to you has been arrested for DUI, I (usually) can’t make it go away, but I can make it a lot less painful. I can often make court appearances for you and allow you to go to work. I can help you get your restricted license back as quickly as possible. Call for a free consultation:
Attorney Jeffrey Vallens (818) 783-5700