Frequently
Asked Questions About DUI In California
Q. Why should I see an
attorney about my
DUI?
A. A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket.
If you are convicted of a DUI, there are mandatory legal penalties. Your driver’s license is automatically suspended unless you fight. Your auto insurance rates will skyrocket, and the conviction may be added to your credit report. If you hold a professional license, a conviction must usually be reported to your governing agency.
In short, you have a lot to lose. So it makes good sense to see if you can defend yourself against these charges. An experienced criminal attorney can review the facts of your case to find legal defenses to the charges.
Q. What should I look for in a defense attorney?
A. Most attorneys do not practice criminal law, and you need a specialist to defend your rights. When you’re looking for a criminal attorney, you should evaluate the initial interview carefully. You should feel comfortable with the attorney and confident in his or her ability in this type of case. When you have questions, make sure they’re answered to your satisfaction. Some firms use paralegals or secretaries to interview clients. Be sure you talk directly with a competent criminal defense attorney.
Q. Could I represent myself in court or DMV?
A. Do-it-yourself legal work doesn’t make much sense. DUI is a criminal matter and there are stiff penalties. Take it seriously.
Q. What if I can’t appear in court?
A. Your attorney can appear for you in court in most cases. You don’t have to be present.
Q. Can I discuss my case with family members, friends, or coworkers?
A. No, don't. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can’t be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.
Q. Can you guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most other areas of life, absolute certainty is not possible. However, the best results in any case always come from a good professional relationship with a competent attorney.
Q. Can I get my driver’s license back?
A. Possibly. Each case has its own special facts, and there are valid legal defenses that can be used against your DMV license suspension. One or more defenses may apply in your case.
Q. What is the DMV hearing about?
A. The DMV has the right to suspend or revoke your drivers license if you don‘t challenge the action. To do this, they decide whether the police officer had a legal right to stop you and a legal right to arrest you. Then, depending on the test you took, they also decide whether your blood alcohol content was legally above the limit. Hearings for test refusal cases are held in much the same way.
A. A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket.
If you are convicted of a DUI, there are mandatory legal penalties. Your driver’s license is automatically suspended unless you fight. Your auto insurance rates will skyrocket, and the conviction may be added to your credit report. If you hold a professional license, a conviction must usually be reported to your governing agency.
In short, you have a lot to lose. So it makes good sense to see if you can defend yourself against these charges. An experienced criminal attorney can review the facts of your case to find legal defenses to the charges.
Q. What should I look for in a defense attorney?
A. Most attorneys do not practice criminal law, and you need a specialist to defend your rights. When you’re looking for a criminal attorney, you should evaluate the initial interview carefully. You should feel comfortable with the attorney and confident in his or her ability in this type of case. When you have questions, make sure they’re answered to your satisfaction. Some firms use paralegals or secretaries to interview clients. Be sure you talk directly with a competent criminal defense attorney.
Q. Could I represent myself in court or DMV?
A. Do-it-yourself legal work doesn’t make much sense. DUI is a criminal matter and there are stiff penalties. Take it seriously.
Q. What if I can’t appear in court?
A. Your attorney can appear for you in court in most cases. You don’t have to be present.
Q. Can I discuss my case with family members, friends, or coworkers?
A. No, don't. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can’t be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.
Q. Can you guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most other areas of life, absolute certainty is not possible. However, the best results in any case always come from a good professional relationship with a competent attorney.
Q. Can I get my driver’s license back?
A. Possibly. Each case has its own special facts, and there are valid legal defenses that can be used against your DMV license suspension. One or more defenses may apply in your case.
Q. What is the DMV hearing about?
A. The DMV has the right to suspend or revoke your drivers license if you don‘t challenge the action. To do this, they decide whether the police officer had a legal right to stop you and a legal right to arrest you. Then, depending on the test you took, they also decide whether your blood alcohol content was legally above the limit. Hearings for test refusal cases are held in much the same way.
DUI information for the following California counties: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba
The topics covered in this site are intended as general information. While the topics are provided by DUI-Clinic.org, they are far from comprehensive and is not legal advice. You should not take any action based upon the limited amount of information contained in this site. Please consult a qualified DUI attorney regarding any legal issue before proceeding. Reproduction in whole or in part without permission is prohibited. Copyright © 2005-2007 dui-clinic.org