FREQUENTLY ASKED QUESTIONS ABOUT DUI:

Do I need a lawyer?
The answer is almost always, "Yes!" but we will give you straight talk and explain all your options. Our job is to help you, (that's why we're called Your DUI Help) and we can almost always make a client's situation better, whether it's avoiding the conviction, saving a license, minimizing the amount of jail time or avoiding jail altogether. But we also understand that there are individuals who just want to plead guilty, and lawyers who will charge them to do it. That's not what we are about.To be honest, you probably don't need to spend good money just to fill out a plea form... (The prosecutor or judge can help with that!)

People hire us because they want us to help them find solutions to the problem. Our mission is simple, to provide you with the highest quality DUI defense. We are aggressive and experienced in looking at cases from all angles in our efforts to obtain the very best results for our clients.

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How much does it cost to hire a DUI attorney?
First, by law all attorney fees are negotiable and attorneys vary in how much and how they charge. Generally, you can retain a lawyer either hourly or by a "flat fee" which may cover segmented or limited portions of the case (e.g., arraignment through all pretrial proceedings with an additional fee for trial.)

Most DUI attorneys work on a flat fee basis. The advantage to this approach is, it is easier to budget or plan ahead and there are no unanticipated bills. In contrast, by the "hourly approach" unless the matter is resolved quickly, the final bill can keep rising and be larger than a flat fee. Often clients will ask, "What if the case settles at the first court date? Isn't it better to pay an attorney hourly?". That's true. But in our experience, with AGGRESSIVE DUI defense, there is always considerable work to be done on each case from pretrial investigation, discovery review, consultation with a toxicologist and filing pretrial motions - just for example.

We are happy to take the time and explain the pros and cons of each approach in more detail in our free and confidential consultation.

Do I have to pay costs?
By law, a client must be responsible for costs associated with his or her case. What a cost is, varies from attorney to attorney, but generally it is any charge generated outside the law office. A few examples are: expenses for witness interviews, consultation, expert witness fees and blood retests.

Review the retainer agreement carefully and ask questions if there's something you don't understand. Be sure you understand what is covered and what is not covered. At the Phillips Law Office, we make every effort to keep costs down while at the same time assuring all legal defenses are investigated and your legal rights are fully protected. In our experience, AGGRESSIVE DUI defense cannot be done without incurring some costs. For example, in blood DUI cases it is almost always a good idea to have the blood retested as many legal issues may be discovered. In breath cases, we always consult with a toxicologist. If the lawyer says he can adequately defend you without any costs, be careful.

Be wary of attorneys who are looking for a large volume of DUI cases. These 'DUI mills' typically charge less than is sufficient to properly defend the case and just plea people guilty at an early stage of the proceedings. They may talk about their connections, possibly their prior prosecutorial experience and their winning trial record. Later, they will "bait and switch", telling you that they have some "bad news" and there is little chance of winning - that it is best that you plead guilty.

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What should I look for when hiring a DUI attorney...or "all attorneys are not alike"?
Just because someone is an attorney, or even a criminal defense attorney, does not mean that they are qualified to handle a DUI case. These types of cases are surprisingly complicated and require attorneys to stay on top of the changing science and laws. Some attorneys will gladly take your case and plead you guilty, with only a superficial review of the police reports and without any further investigation of the facts or possible defenses. In California, you can plead guilty without an attorney. Hiring a lawyer is a bit like buying a car, you pretty much are going to get what you pay for. A word of caution: a lot of time and energy should go into properly defending a DUI so it can't be done "on the cheap".

Here are some things to consider while looking for an attorney:

Years of experience: Usually this means that people get better, but you must also find out if they are staying current with DUI practice and training. Ask them when was the last DUI seminar they attended. What DUI books do they have in their library? When was the last trail they conducted? How many trials have they done in the last five years?
Prosecutors know which lawyers go to trial and which ones eventually plead their clients guilty.

Type of experience: What type of law do they practice and how much of the practice is DUI defense? Trial experience is a great thing to have, but you need trial experience on the defense side of the table. Attorneys who advertise themselves as "former prosecutors" are used to having everyone, (police officers, witnesses, Justice Department experts, etc.) on their side, and often lack the ability to effectively cross examine difficult witnesses. Typically, they have limited experience in trials from"the other side". A lawyer needs experience thinking "outside the box", trying difficult cases and not being afraid to ask the arresting officer tough questions. You should not assume that because an individual used to be a prosecutor, that they have any connections or are treated differently. Oftentimes, prosecutors who leave the office to practice criminal defense are disliked by prosecutors and police officers as "turncoats".

Membership in professional organizations: This shows that an attorney is interested in staying on top of the DUI field and cutting-edge defenses. They should belong to organizations that emphasize DUI defense like NACDL (National Association of Criminal Defense Lawyers), CACJ (California Attourneys for Criminal Justice) and the National College for DUI Defense.

Office staff: A dedicated DUI attorney will have staff working for them. This shows commitment not only to their profession, but to you, the client. Having support staff shows the more mundane office tasks are not being done by one person - your attorney. This leaves the attorney more time to devote to actually working on your case. A smart trial lawyer relies on his staff to handle all the routine tasks of the office in order to allow him/her to be in court and trying cases.

Communication: Does your attorney return your phone calls and e-mails in a timely manner? Is there even someone answering the phone, or would you just have to leave voice messages?

Use of technology: A good trial attorney will bring into the courtroom the latest technology that jurors have come to expect. Often times, courtroom technology is the difference between winning and losing a case.

Courthouse reputation: Having a good reputation in the courthouse is probably better than a word of mouth recommendation. This is where an attorney demonstrates the level of practice, and the courthouse staff is there to see it every day. Go to the courthouse before your case and when the court recesses, speak to people in front of the courtroom, (clerk or bailiff). Ask them who they would recommend for your type of case. Don't ask a prosecuting attorney because they may not recommend the best attorney. They would rather work less than more.

Find someone you are comfortable with that you can trust to do the right thing. You don't need the extra worry of wondering if your attorney is really working for you, added to the possibibility of having a DUI conviction on your record.

A word about public defenders: If you do not have the money to hire a private attorney, you may qualify for a public defender, an attorney paid for by the county. However, remember that these folks have a huge caseload and it is in their best interest to work through their cases as quickly as possible. A public defender may not be willing to spend the time and energy investigating a DUI case as much as you would like. In addition, they probably don't have the time to keep up with the specialized training that is important to the defense of these types of cases. They also do not handle administrative hearings with the DMV which WILL result in the loss of your driving privilege even if the criminal case is dismissed!