1. Can I get the police report to see if I need to hire a DUI lawyer?

A: Unless you have a friend in the police department or the District Attorney’s office, you will not be able to get a copy of the police report before your first court appearance.

2. Can I get my case dismissed?

A: Many people have called asking me this question over the years. The answer at this point is that I can’t give you a definite answer until I have looked at the police report and discussed your case with the prosecutor. Unless there are very unusual circumstances, the vast majority of DUI cases filed by prosecutors are not voluntarily dismissed by the prosecutor. In order to have a chance at dismissal of your case, you will have to hire a DUI lawyer and be prepared to go beyond the first court date and come to the trial of your case.

3. The cop did not read me my Miranda Rights. Can I use this as a basis to win my DUI case?

A: In almost all DUI cases, the failure to read Miranda Rights is not important because the Supreme Court decided that when you are being questioned and tested by the side of the road for DUI, you are not under arrest. Therefore, Miranda does not apply. However, if after you were arrested, you were questioned and gave statements, than Miranda might be used to exclude evidence which could help you win your case.

4. I have a clean record and have never been in trouble with the law. Can I use this to help me get a better deal from the prosecutor in my DUI case.

A: No. Although you are better off not having a record of prior DUI’s, drug offenses, or other crimes, the prosecutor will not reduce your DUI to a lower offense or offer you a better deal. The vast majority of first time DUI offenders have no criminal records, so you are not really distinguishing yourself by telling the prosecutor you have a clean record.

5. What will happen if I choose to go to Court myself for my DUI case without an attorney?

A: You will be asked by the Judge if you wish to represent yourself, have a public defender appointed, or be represented by private defense counsel. You will have to make this decision.

If you have a job and make a middle class income, you will most likely not be entitled to the free services of a public defender.

If you decide that you do not want any representation, the prosecutor, who is handling as many as 20-50 cases that morning, will ask you to plead guilty. Because you have no lawyer and know nothing about the legal process, they will not offer you any deal other than to plead guilty.

The Judge hears at least 20-50 cases in a morning in many courtrooms across Southern California. In some of the larger Courts, that number can be higher. As a result, the Judge has very little time and patience to discuss your individual case and circumstances.

There is almost no chance that you will be able to get your case dismissed by telling the prosecutor or judge that you are a nice person and will never do this again. The prosecutor wants guilty pleas.

If you want to handle your DUI case by yourself and want to plead guilty and accept whatever the city or district attorney offers you without knowing the alternatives, than don’t bother hiring a DUI defense attorney. Hopefully, you will want to be better informed and know all of your options and defenses. You will get this when you hire me to defend your DUI case.

6. If I can use the services of the Public Defender, why should I hire a DUI defense attorney?

A: There are many good, dedicated Public Defenders in our Courts. However, in order to use the Public Defender, you must qualify for their help. Many middle income people have too high an income to qualify for the services of the Public Defender.

Public Defenders have a very large number of cases that they have to handle on a daily basis. As a result, the Public Defender handling your case will not have the time to give you individual attention.

There are few Public Defenders who concentrate their criminal practice on DUI defense. A DUI defense attorney can offer you the very specialized knowledge of science and law that DUI cases demand.

7. I was arrested for DUI nine years ago. The law at the time of my first DUI was that only DUI arrests within the past seven years counted as a prior. Will my arrest for DUI nine years ago count as a prior offense?

A: Yes. The law used to only look back seven years (referred to as washout period). The law was changed a few years ago to extend the washout period to ten years. This new washout period applies even though the washout period was seven years when you arrested for that first DUI nine years ago.

8. Can I expunge a DUI from my record?

A: Yes. But, consider that your record will only be cleaned for purposes of employment screening. The DMV, law enforcement, and the Courts will always know that you were convicted of a DUI. If you get a second DUI within ten years of the first DUI which you had expunged from your record, since the DMV and the Courts always know about the expunged DUI, you will be charged with a second offense DUI and face the loss of your license for one year. Expungement of a DUI offers very limited benefits. Since the insurance company knows about your DUI, it is unlikely that expungement will change your insurance rates.

You should not decide to plead guilty with the idea that you will be a good citizen and later expunge your DUI conviction. Expungement does not deal with the most damaging aspect of the DUI – Its use a prior offense to a later crime.

If you want to expunge your DUI, I can handle this matter. In most cases, expungement can be accomplished close to the end of your probation period. You will have to have an otherwise clean criminal record, paid all fines, obeyed probation, and finished your alcohol education program.

9. Why should I care about being convicted of DUI when I will never be in this situation again?

The simple answer to this question is that ten years is a long time. If you had one too many drinks at the office Christmas party in 2007 and had a .08 BAC and plead guilty, you would have a conviction on your record. Fast forward to the office Christmas party in 2017. You leave the party and feel that you have no impairment. You are not thinking about the DUI arrest you had ten years earlier. You are driving down the street to your home when you are stopped because your license plate light is not working. The officer smells some alcohol on your breath, performs field sobriety tests, and arrests you for DUI. Now you are charged as a repeat offender. You are now facing up to one year jail and the loss of your license for two years as well as having to complete an 18 month alcohol education program instead of the 3 month program for a first offender. This does story does not seem to be fair. However, it is the law and provides a good reason why you should hire a DUI lawyer to have a chance of preventing this story from being your story.

10. My driver’s license is from a state other than California, do I still have to deal with being charged with a DUI in California?

A: YES. All but six states are members of the Interstate Drivers License Compact.

What this means is that a DUI conviction or failure to appear to Court in California will be reported to your home state. Many states will suspend your driving privileges once they find out that the California DMV has suspended your driving privileges or you have been convicted of a DUI in California Court. Many states will not permit you to obtain an unrestricted drivers license if you fail to appear in Court and address your California DUI charge. Leaving California, not appearing in Court, and not hiring a DUI lawyer to defend your California DUI charge is not a good idea.

The arresting officer will not take an out of state license from a driver. However, that driver still loses driving privileges in the State of California 30 days after the arrest.