Myths & Truths...

The truths about DUI law

MYTH: "There is nothing that a lawyer can do."

TRUTH: Absolutely not! I can and do win DUI cases. Do not give in to despair and believe that you are destined to lose. Pleading guilty to a DUI when there are problems with the evidence against you may be an extremely expensive mistake in the long run.

MYTH: "I will make it worse for myself by fighting."

TRUTH: Like it or not, you are a defendant in a criminal case. 100% of criminal defendants that plead guilty are found guilty! The only way you have a chance at winning and/or to make it better is to assert your rights. I use my twenty years of practice and continuing DUI legal education to punch holes in the prosecution's case.

MYTH: "National or Statewide criminal defense websites will provide me with the best lawyers."

TRUTH: There is really no such thing as a national criminal law firm. Many of these websites are portals for attorneys to advertise on. Web traffic is directed to the paying attorney. This attorney may be good or bad, but they are clearly not part of a large national or regional law firm. These firms usually don't have offices in your area and will pay an "appearance fee" for a local attorney, who, by the way, doesn't specialize in DUI cases, to make some appearances. You won't know who is really handling your case. I've seen "appearance" lawyers appear in court and not even know the name of their "client." In my office, you are hiring me. I make the appearances and I personally handle your case.

MYTH: "There are all kinds of hidden costs in hiring a lawyer."

TRUTH: When I execute a retainer agreement it is on a flat fee basis and all of my expenses are included. The only additional cost will be that of an alcohol expert and/or investigator. I will not incur this cost unless you approve of them in advance. I do not charge extra to file motions and spend extra time in court.

MYTH: "There are no hidden costs in pleading guilty to a DUI."

TRUTH: The biggest costs are hidden. At first the fees and fines are spelled out in the Vehicle Code. However, the $390 dollar fine may be quadrupled ($1560 +) because of mysterious "penalty assessments and court fees". Furthermore, court restitution and booking fees can add up to hundreds of dollars. A DUI driver class can cost between $300 and $900 dollars or more. The license reinstatement fee is $125 dollars. The SR22 is expensive and triggers the biggest hidden cost in a DUI case: increased car insurance. It is a fact that most auto insurance companies have a DUI "surcharge" that can double or triple your car insurance premiums for years. In some cases it will be as long as 10 years! In addition the loss of a driver's license can cause loss of employment. Professional licenses and immigration status can also be impacted by criminal convictions, affecting earning potential for years to come.

MYTH: "I consumed alcohol and drove. I must be guilty."

TRUTH: It is not a crime to drink and drive. It is a crime to have a .08% or greater blood alcohol concentration and drive, or, to be under the influence of alcohol and drive. If you are over 21 years old, had a couple of drinks, but were not under the influence of alcohol and had a blood alcohol level below .08% when driving, you have NOT committed a crime.

MYTH: "I can always get a public defender to help me."

TRUTH: There are strict income requirements to qualify for the public defender. You will have to provide your income situation to an open court at the time of your arraignment. If you are on government assistance, for example, you should always qualify for the public defender. However, just because you have bills and do not have much cash left over does not mean that you will qualify. I agree to flexible payment arrangements for people that have personal situations that make money an issue. I also take credit cards.

MYTH: "I am a good citizen and a good person - I will get the case reduced because of this."

TRUTH: In many jurisdictions across the state, your good character is limited to your lack of a criminal record and that is all. It is my job to emphasize that you are more than someone without a rap sheet.

MYTH: "DUI lawyers do not believe the public needs to be protected from drunk drivers."

TRUTH: When an attorney defends a burglar it does not mean that they support burglary, and want to make burglary legal. Because I defend someone accused of DUI does not mean that I think DUI should be legal. However, I want my clients to stay out of trouble because I care about them and because, quite simply, it is the job of the prosecution to determine criminal behavior. The job of the defense is to find the good, make the state prove their case, and represent the accused.