Frequently Asked Questions

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WHAT ARE THE PENALTIES FOR DUI?

The penalties for DUI vary widely from County to County. Some Counties are more harsh on DUI offenders and others are more lenient. San Diego County happens to be one of the harsher Counties in the State of California.

WILL I LOSE MY LICENSE? IF SO, FOR HOW LONG?

Contrary to popular belief by attorneys who don’t bother to learn the law and the science behind the defense of DUI, DMV Hearings can be won! DMV Hearings are also an important step in the process of defending you against a DUI charge. The DMV Hearing an be a very effective means of obtaining evidence and testimony for use in the event the case were to proceed to a motion or trial.

As former “Contributor Editors” to the two-volume treatise: “California Drunk Driving Law”, the DUI Defense Attorneys of The SoCal Law Network possess the knowledge of the law and the science to win DMV Hearings. Do not make the mistake of missing the 10-day period in which to have your DUI Attorney contact the DMV to scheduled a DMV APS Hearing.

SHOULD I HIRE A ATTORNEY? IF SO, SHOULD I HIRE ONLY A DUI LAWYER?

The question of whether you should hire a lawyer is not a difficult one to answer when you consider the consequences of a DUI conviction have long-term and far-reaching consequences that may not be immediately apparent.

A criminal defense attorney is different than a DUI lawyer. The defense of DUI is a highly-specialized field of criminal defense. It involves an in-depth understanding of biology, physiology, metabolism, forensic toxicology, pharmacology and traffic accident reconstruction. This is why you do not want to hire just any lawyer, you want to hire a DUI Defense Lawyer: a lawyer who specializes in the Defense of a DUI Charge, especially a DUI Drug Charge.

WHICH DUI LAWYER DO I CHOOSE?

The question of which DUI Lawyer you choose becomes easier to answer when you know what you are looking for in the DUI attorneys you are considering. The DUI lawyer you are consider should be able to easily demonstrate his or her in-depth understanding of the law and the science behind the defense of DUI. If he or she cannot do this in an understandable and simplistic manner, how can you expect that lawyer to be able to explain those complicated issues to a jury and/or a judge in the event the matter were to proceed to a motion and/or trial? 

Only hire a DUI Attorney who has the credentials to adequately defend you. The DUI lawyer should be a member or member of organizations that focus their organizations on the defense of DUI, such as the National College for DUI Defense (NCDD) and the California DUI Lawyers Association.

HOW MUCH DOES A DUI LAWYER COST?

t should not be too surprising to know that defending against a DUI charge may be costly. Some DUI Lawyers advertise low fees, but beware of the fact that many of these types of lawyers charge this amount of money only if you plead at the first court appearance, or the arraignment. You can do that yourself for free.

Some of these lawyers will also charge you per appearance, starting out at this low-fee rate then suddenly climbing much higher than the “teaser rate” that was advertised. In the end, one may question whether one can really trust these types of lawyers to be qualified enough to review your case, analyze the evidence, and determine whether any legal and/or factual defenses exist that would result in a dismissal or a reduction of the charges.
 
Those lawyers who truly “specialize” in DUI defense are qualified to review your case, to analyze the evidence, and to determine whether any legal and/or factual defenses exist that would result in a dismissal or a reduction of the charges. You are making an investment in protecting your rights and defending your case.

The consultation is free. All you have to lose is some time to discuss a matter that has had an impact on your life and you have questions that need answering.

DO I HAVE ANY DEFENSES TO MY DUI CHARGE?

There are numerous defenses to a DUI, most notably is the rising blood alcohol defense. Remember, it is not illegal to drink and drive. It is only illegal to drink and then drive if you were (1) above a 0.08% or greater at the time of driving, not at the time of the chemical test, and/or (2) you were impaired at the time of driving. If you were not either, then you are not guilty of DUI.

There are defenses that are unique to women. There are defenses that apply to anyone with certain disabilities, illnesses or even the flu or a common cold. Only a true DUI Defense Attorney can review the evidence in your case to determine if any legal and/or factual defenses exist in your DUI case.

Am I Facing Jail Time?

A DUI is usually a misdemeanor, which means that it is punishable by up to one (1) year in county jail. This means that even at the misdemeanor level, jail time is one of tools the District Attorney’s Office has in its arsenals and a consideration of the judge in determining the punishment for the crime of driving under the influence of alcohol and/or drugs. Some DUI offenses are felonies, such as a DUI with Injury or DUI Causing Death. A felony is a crime that is punishable by a sentence of greater than one (1) year in State Prison.
If you intend to hire a DUI Lawyer, it is advisable that you hire an attorney within the ten (10) calendar day period so as to allow the DUI Attorney to request the hearing.

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