Do DUIs only involve alcohol?
No, a person may be charged with a DUI after consuming alcohol, prescription drugs, or illegal drugs, or a combination of all three. Prosecutors may also charge persons with a DUI who smoked marijuana just before or during driving.
Can the judge give me a restricted license?
Absolutely not. In fact, the judge can order the DMV not to give you a restricted license.
Can I myself get a copy of the police report?
Yes, but it is a misdemeanor to provide a police report that has the telephone numbers, addresses, other contact information of witnesses. If your report contains such information, someone other than yourself (typically, your attorney) must first black out the contact information before you receive the copy of your report.
The police did not read me my rights. Are my statements inadmissible?
It depends. If you were under arrest and the police were trying to elicit incriminating information from you, then the information may be used against you. Moreover, if the police took actions that made your admissions and/or confession involuntary, the statement cannot be used under any circumstances.
What is a DUI mill?
A “DUI mill” is a law firm operated by a lawyer who charges a lot money, claims to have an expensive office and large staff, but who will never speak with you personally or handle your case personally after you pay him/her all the money. Instead, someone else with little experience and no personal knowledge of you or your case will handle your case. Unlike a “DUI mill,” I answer all my own calls, give out to my clients my personal cell number and Email address, and give you the personal attention that you need and deserve.
What should I wear to court?
Please dress appropriately. Do not over or under dress. “Business casual” is the best.
What should I bring to court?
Depending on the facts of your case, you may need to bring proof of alcoholic anonymous meetings, proof of payment by your insurance company of damages in DUI accident cases, residential alcohol/drug program acceptance letters, letters of recommendation.
Should I drive to court?
Yes, but only if you are lawfully licensed. San Mateo County targeted persons driving to court on alcohol suspended licenses (they were promptly arrested after driving to the court house).
What are your goals as a lawyer in my case?
My first and foremost goal is a dismissal. If that is not possible, then we must try for a reduction of the charges and/or penalties. My job is to show to the judge all your positive accomplishments: what a good person you are, what a wonderful life you’ve led, and all the impressive things you have done (example: work, pay taxes, raise good children, volunteer for community and/or church). Then the judge is more likely to exercise favorable discretion in your case.
Can I get this DUI off my record?
You may expunge (“remove”) a conviction for private sector employment. The conviction would remain a conviction for purposes of any future criminal charges, as well as for any public sector employment or licensure.
DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.