What You Need to Know Before Hiring a California DUI Lawyer
Everybody seems to have an idea or opinion about a lawyer or DUI in California. The question is, how do you know these people really have good ideas you can trust?
California has hundreds of DUI lawyers & DMV attorneys. It can be complicated and even tiring when researching lawyers. However, there are things you can do to narrow down your options when selecting a DUI Lawyer.
In order to keep your driver’s license, you will need a lawyer who will give you the best possible chance to prevail at the California DMV hearing.
The below tips serve as a source for anyone in need of a quality DUI Lawyer:
First, understand that good DUI lawyers are not cheap and cheap drunk driving lawyers in California are not good. You undoubtedly wish to hire a trusted, high-quality, yet reasonable DUI & DMV Defense Attorney.
Second, there is no substitute for actual DUI and DMV defense experience in California. When considering the background of a DUI Lawyer, ask how long has he or she been practicing DUI law and what their experiences have been. Some lawyers list their victories on their web sites, and you can refer to these as well for an idea of their proficiency in their practice.
2) DUI lawyers who use “jail mail”.
3) and lastly, it is not recommended to use a California public defender for your DUI or drunk driving case. I will elaborate below.
Use Your Intuition When Selecting a Lawyer to Defend You in Court
Large California DUI Firms who spend big money to do promotions have large expenses or big overhead (Television commercials or expensive offices in a high-priced rent area) are not always the best solution and can rack up a hefty bill for you at the end of the day.
A lawyer advertising in an out-of-county publication is someone who probably will never appear for you in DUI court or at the California DMV. Sometimes they advertise online in videos saying they will represent anyone no matter where you are, however, they personally do not go to all cases out of their county.
Does the DUI lawyer advertise heavily? Does the DUI lawyer in the firm with the “award-winning” track record or big-time reputation really personally go to court & DMV for you? Not always the case.
These firms may operate behind a “figurehead”, but fall short in personal service. Their track record may not be the same as the person they send to handle your case.
Some of these firms may also claim they will have to do additional tasks and bill you for it; when in actuality some of these tasks are not needed and your costs are increased unnecessarily.
Understanding the California Public Defender
If you believe you want – or automatically are entitled to – a California Public Defender (PD), there are some things you need to understand.
If you own property and/or are employed, you do not qualify for a Public Defender to handle your DUI or Drunk Driving case.
In applying for a California Public Defender, you swear under oath about your job and assets.
If are financially eligible to be appointed a California public defender in your DUI court case:
(1) California PDs do not appear as your attorney for the critical DMV portion of your drunk driving case; and
(2) Your PD attorney will not be available to discuss your DUI case with you until they have been officially appointed by the Judge no sooner than the date of your first DUI court appearance, or DUI arraignment.
Since this drunk driving or DUI is a California misdemeanor, California courts treat DUI cases very seriously. You are not permitted to represent yourself.
You can’t choose which attorney from the Public Defender’s office you’ll get. You may get an excellent PD lawyer, one that is less than stellar, or worst yet – a PD who is not familiar with the complexities of California DUI Defense. Like private California attorneys, there are good and bad ones, but if you are assigned to a bad PD lawyer, it’s difficult to switch unless you later retain a private California DUI lawyer.
California PD lawyers are notoriously overworked. While there may be some good aspects as indicated above, PD attorneys’ caseload doesn’t allow them the luxury to spend any significant amount of time with any one client yet alone on a highly challenging DUI case. It’s not their fault – just a reality of too many criminal defense cases and not enough time. Private attorneys will be able to spend more time discussing your DUI case, your DUI defense options and drunk driving defense attorney strategies.
Attorneys from the California public defender’s office start with low-level offenses (such as misdemeanor DUI cases) and work their way up. Your drunk driving case may not be assigned to an attorney with very much experience (in terms of number of years practicing California law) yet alone critical & specialized DUI Defense experience.
Depending on the California court and the number of public defenders, if eligible, you will usually get assigned based upon which PD attorney is “next in line”.
Another problem with a public defender is that they are assigned all types of case by a California court. This does not allow the public defender to really focus on one area of law and they have to be more versed in all areas. You are much better off with a DUI attorney who is fortunate to only represent individuals charged with DUI; a DUI lawyer concentrates on just a single particular practice area: drunk driving defense.
Since the 10 day deadline to set a DMV Administrative Hearing would expire, rethink the possible PD idea; instead, hire a qualified DUI attorney specialist to work with the California Department of Motor Vehicles and set your record straight.
DUI Attorneys that Send Jail Mail Upon a California DUI Arrest
Some DUI lawyers have the gall to pay for sending folks “Jail Mail.”
Lawyers purporting to be DUI Attorneys shell out top dollar to law enforcement departments for DUI arrestee names and addressee. Then comes the mail in the form of “DUI” letters. These so-called “DUI Lawyers” invade your residence through a box or slot, with envelopes:
“DUI” “Drunk Driving” “Arrested” “Former Prosecutor” “Court-related ”
“DMV” “Legal Advertisement” “Urgent” “Law Offices” “Attorney”
There are honorable reasons why most reputable DUI attorneys do not compete with bottom feeders such as these. Do you want these people representing you in court?
The Million Dollar Question
How can you find the most competent & trustworthy DUI Attorney? Easy.
Lots of types of lawyers handle California DUI / drunk driving cases, including California DUI public defenders, California general practitioners, California criminal defense attorneys, and California DUI Specialist lawyers.
Ground-breaking questions to ask a prospective DUI Attorney:
Are you an official “Specialist” as recognized by the California DUI Lawyers Association?
What are your true DUI Lawyer credentials?
What is the number of years you have done California DUIs?
Do you do 100% California DUI / DMV Defense?
Are you prompt and complete when handling email replies?
Do you educate other lawyers who want to learn how to properly represent folks in DUI cases?
Is there an “up-front” for a DUI jury trial fee even though 97% of (San Diego California) cases do not actually end up being decided by community peers?
Are you an Editorial Consultant or Contributing Author to the “California Drunk Driving Law” book?
Were you ever requested to be an Editor or Co-Author to the other California DUI book: “Attacking and Defending Drunk Driving Tests” by Donald Bartell?
Does your up front, non-refundable windfall fee seem unreasonable if there ultimately is no jury trial? Or will you refund the legal fees notwithstanding that only three percent of San Diego cases actually go to trial?
Do you actively attend the National College for DUI Defense as a member?
Do you update DUI books, local DUI points & authorities & other drunk-driving-related materials needed to properly represent someone facing a DUI charge?
Do you personally go to court in DUI cases?
Regardless of whether you end up hiring a fair & reasonable DUI & DMV Defense Lawyer Specialist with a great deal of experience, it is wise to study the credentials of a California DUI Lawyer who specializes to see if he or she is actually recognized as such.
A nationwide DUI Attorney Resource Center & Network: Avvo provides helpful tips to be smart when choosing a DUI Defense Attorney by studying the “Nuts & Bolts” and investigate what the DUI attorneys have to offer.
Rick Mueller is a San Diego DUI Lawyer who has been practicing DUI law since 1983. He received his Juris Doctor degree from Chicago Kent College of Law and is also a licensed attorney in Illinois.
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