Reader’s Question:

I know that you would understand that I am hesitant to get a lawyer to defend me on my DUI case in Los Angeles, California because I feel that it will be expensive for me to hire one. Could you tell me how much should I expect to pay a lawyer to represent me in my DUI case?

Aiza
Los Angeles, CA

Every DUI lawyer has something to offer that would set him/her apart from the others. For some lawyers, it would be low fees and for the others, it would be an exceptional reputation and high skills to match. It is a fact in life that you wouldn’t have to find both traits in the same lawyer. If you are looking for low fees to help you on your DUI case in Los Angeles, California, then don’t expect the lawyer to have exceptionally high skills.

In general, DUI defense lawyers charge an upfront flat fee pretrial retainer than billing by the hour like civil law attorneys do. Some lawyers have a hybrid fee structure which would credit the retainer against the hourly billing, but most retainers would simply cover everything needed short of trial. For a big-name DUI lawyer, with a state-wide reputation, you could expect to pay $3500 to $7000 or more for a misdemeanor DUI retainer, and that depends on the location and the lawyer’s reputation. It would also vary if you have one or more prior convictions within seven years because if that is the case, you could expect to pay more. In general the retainer fee would cover both the DMV hearing and the court case, except for trial, which is generally billed additional.

Tags: DUI, DUI cost, DUI lawyer

Reader’s Question:

Hi, I live in Los Angeles, California and I haven’t actually been arrested for DUI. But in case I will be charged for DUI and I get a lawyer, what knowledge should a lawyer have when it comes to different blood alcohol testing methods used in a DUI case?

Kate

Los Angeles, CA

If you get arrested for DUI in Los Angeles, California, you definitely have a choice of a breath, blood or urine test to find out your blood alcohol level. This is the reason why every DUI defense lawyer should have sufficient scientific knowledge in order to effectively cross-examine the state’s expert, as well as to present defense expert testimony. Mouth alcohol, absorption, interfering substances, peak and elimination of alcohol, chemistry and other scientific issues are extremely critical in representing a person accused of DUI.

Being knowledgeable on the various breath, blood and urine testing methods and their scientific principles is also required for the competent DUI defense lawyer. Every blood alcohol testing device has its own unique strengths and weaknesses. Those weaknesses should be explored in front of a jury in order to provide the defense with effective assistance of counsel. In several occasions, the chemical testing machines are neither properly operated nor calibrated and this can be attacked by a good DUI defense lawyer who has enough knowledge on the information about how chemical testing machines are being maintained.

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

A friend of mine was recently charged with DUI here in Los Angeles, California and he doesn’t want to go to trial because he wants to have this over and done with. I heard that he is hoping to have the DUI charges reduced that’s why he is planning to plead guilty. Question is, if his DUI charge will be reduced to wet reckless, will this be considered as a prior in case he gets arrested again for DUI in the future?

Abbie

Los Angeles, CA

You gotta tell your friend that there is a lot at stake if he pleads guilty for his DUI charge in Los Angeles, California and just hope that his charges will be reduced. Yes, there are certain ways that the DUI case could be resolved without proceeding to trial. But I strongly suggest that he seeks professional legal advice first before doing anything he might regret later on. On the other hand, there are some DUI cases that plea bargaining would be appropriate and he has to remember that each DUI case is different, and there are times that admission of guilt to the DUI charge would be in his best interest.

He may have the DUI charge reduced to wet reckless which is an alcohol-related reckless driving. In several respects, wet reckless is no different from a DUI charge which means that if he gets arrested for a similar offense within 10 years, the wet reckless conviction would be considered as a prior DUI conviction. Moreover, most auto insurance companies would treat a wet reckless conviction just like a DUI conviction. But there would be some benefits of having the DUI charge reduced to wet reckless because there would be no mandatory DUI school with this charge and no mandatory driver’s license suspensions or restrictions.

Tags: drunk driving laws, DUI, DUI lawyer, DUI trial

Reader’s Question:

I heard from my mom that field sobriety tests are used to be called something else back then. How were these tests develop and could you cite some common tests that police usually conduct here in Los Angeles, California?

Amos
Los Angeles, CA

In mid 1970’s, with the assistance and cooperation of the law enforcement community, the National Highway Traffic Safety Administration (NHTSA) has conducted research that resulted in the development of a battery of three standardized field sobriety tests (FST’s). These are the Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand which are commonly used by police officers in Los Angeles, California and are designed to assist them in detecting drivers who are under the influence. FST’s are formerly referred to as Improved Sobriety Tests but they are now the Standard that the Federal Government wants to be utilized.

The FST program was validated in field studies and laboratory conducted by the Southern California Research Institute. The FST’s were initially developed by the Los Angeles Police Department Training in how to conduct the tests and it is included in the NHTSA course “DWI Detection and Standardized Field Sobriety Testing.”

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Last week, I was surprised by this DUI roadblock in Los Angeles, California and unfortunately, I was arrested for drunk driving. How can I dispute the legality of the DUI checkpoint?

Brice

Los Angeles, CA

Law enforcement officers and attorneys who are arguing for the State throughout the implementation of DUI roadblocks disagreed that the State’s interest was specifically intended to stop drunk driving. Consequently, the legality of DUI roadblocks has been upheld. But just recently, law enforcement and prosecuting attorneys have bragged publicly that DUI roadblocks yield an astronomical amount of revenue from traffic infractions discovered after stopping vehicles at DUI checkpoints.

DUI roadblocks usually yield approximately four DUI arrests and even less DUI convictions. Law enforcement officers have guidelines that they would have to follow in implementing these DUI roadblocks. The DUI roadblock guidelines include a specific method of selection of vehicles, insurance that intrusion on the motorists is kept to a minimum, providing a written set of actions outlining the procedures of the DUI roadblock and proper lighting and notification requirements on the roadway so as not to startle motorists. If the police officer failed to adhere to these requirements upon arresting you in a DUI roadblock in Los Angeles, California, this would often result in evidence being excluded.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

If my sister would be released from jail after being arrested for drunk driving in Los Angeles, California, what do you think is the best thing that she would have to do first and does she need to hire a DUI lawyer?

Sylvester

Los Angeles, CA

Once your sister has been released from jail after being arrested for DUI in Los Angeles, California, the very first thing that she would have to do is to write down everything that she can remember about the night of the drunk driving arrest. These things would include what she was doing and where she was before driving, how much she had to drink, how long after drinking when she was arrested, how the officer behaved and any instructions given to her, what the officer said to her, where she was pulled over, when and if she was read her Miranda rights and when she took the blood alcohol test and how long it had been since she drank. She has to write down everything that she can think of, even if it doesn’t strike her as relevant.

You actually have already mentioned what to do next. Yes, your sister needs to hire a DUI lawyer. She needs and deserves an experienced DUI defense lawyer who will fight for her rights. The single most important thing that she can do for herself is to find a qualified lawyer who knows California DUI law.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I was told that the most important thing for me to do after being charged with DUI in Los Angeles, California is to hire a DUI lawyer. To be honest, I’m hesitant to do that because it might cost too much. Could you tell me why is it essential to hire a DUI lawyer?

Zion

Los Angeles, CA

You need to hire a DUI lawyer as soon as possible to help you on your DUI case in Los Angeles, California. It is actually a valid point that a good DUI lawyer is expensive, but that is because of the value they provide. Think about paying an expensive DUI lawyer in exchange to potential fines, jail time, community service, possible loss of job, etc. A DUI lawyer knows your legal right in your DUI charge. He/she would be able to help you from self-incriminating yourself or any other mistakes you are likely to make.

A good DUI lawyer would also know how to defend you in court. You will need the experience of a good DUI lawyer as they know how to talk to judges, juries and the prosecution and they will know the law far more thoroughly than you will, given their years of legal experience. An experienced DUI lawyer would also know how to work with the particularities of your DUI case and history. I hope in the end, you’d be glad that you seek the services of a good DUI lawyer.

Tags: DUI, DUI advice, DUI cost, DUI lawyer

Reader’s Question:

I had a little drink and I didn’t have a choice that I had to drive a friend home after a party here in Los Angeles, California. She had too much alcohol that she can’t even walk. I was able to get her home safe but just in case in the future that I didn’t have a choice to drive again after drinking and get arrested, can I refuse a blood alcohol test? If not, do I have a choice which blood alcohol test I could take?

Forrest

Los Angeles, CA

If in case in the future you will be asked to pull over because of a DUI suspicion in Los Angeles, California, you cannot refuse to take the blood alcohol test if you are asked to do so by the police officer and this is because of the implied consent law. Under the implied consent law, the police officer should warn you about the consequences of refusing to take the blood alcohol test. Your driver’s license will be suspended immediately for one year if you refuse to take the test.

The three tests to determine blood alcohol content are blood, urine and breath tests. You actually do have a choice of which one of these three tests you will take, although recently, the law has been changed to allow the urine test to be discontinued by the police because of the problems associated with it. If one test is somehow unavailable, that is the only time your ability to choose which test you take can be legally restricted. You should then take the other if that is the case. The police officer is required to tell you of your options. But the decision as to which test to take is up to you.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I’ve hired a DWI attorney for my son since he can’t afford it. What are the basics of a DWI case in Los Angeles, California?

Laura

Los Angeles, CA

Like other attorneys, a DWI attorney has to gather evidences in order to defend his client in the court. Forms of evidence accepted can be pictures, videos or a statement by an eyewitness. Giving out accurate and exact details will also make the task of a DWI attorney easier. Any wrong information on your part will affect the preparation of your DWI case negatively.

When charged with DWI in Los Angeles, California, you’re going to be arrested immediately and your driving license also gets suspended. Your DWI attorney will appeal in the court for your bail. During the first court hearing, your attorney will request that a temporary access be given to you for your driving license. The attorney will also play a big part in making sure that you do not pay a hefty fine.

To be able to defend his client, a DWI attorney has to verify the facts and figures filed by the law enforcement officer. The statement of your eyewitnesses can make or break the DWI case. If your Los Angeles, California is able to successfully prove that your eyewitness is not sure about your involvement in the case, you will get the benefit of doubt from the court.

Tags: drunk driving laws, DWI advice, DWI lawyer

Reader’s Question:

My brother was arrested for drunk driving just two days ago in Los Angeles, California but I was out of state. I haven’t gotten the chance to talk to him or to anyone after he was bailed out. Someone just mentioned to me that he refused to take the breath test. What happens to him now because of his refusal to take the breath test?

Hayden

Los Angeles, CA

Since your brother was driving on a public highway in Los Angeles, California and was arrested for drunk driving, his driver’s license will be suspended for one year because of his refusal to do a breath test. The breath test refusal can also be used against him in court. Many times, it is possible to take administrative legal action to regain his driver’s license and there are many legal reasons why someone would not want to blow into a breathalyzer.

Furthermore, even if the one-year driver’s license suspension is maintained, that suspension is so much better than a DUI conviction. A person should never take a breath test, especially without an attorney present. That being said, even if your brother blew well above the legal limit, there are many ways to fight his DUI charge in Los Angeles. At this point, you have to make sure that you hire a DUI lawyer to help your brother defend his DUI charge. The DUI lawyer would guide him through the proceedings and help clarify the severity of charges brought against him. An experienced Los Angeles DUI lawyer can definitely look at several ways to attack your brother’s DUI charge.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer