The Best DUI Lawyers

Finding and choosing a California DUI lawyer in a drunk driving case can be a difficult process; there are many incompetent, inexperienced and/or unethical attorneys who will readily accept DUI clients. However, asking the following questions can be helpful in retaining a good DUI defense attorney:

DUI defense is a technical and highly specialized field: Does the lawyer handle DUI cases only — or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?

Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab? Will breathalyzer and maintenance records be obtained?

Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.

Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all inclusive? Do the fees cover such "extras" as the DMV license hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?

What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is AV: "very high to preeminent".)
Did the lawyer attend a reputable law school?

Is he a member of the National College for DUI Defense? Is he Board-certified by that organization?
Have there been any State Bar complaints against the attorney?

The following California lawyers and law firms specialize in drunk driving defense, are members of the National College for DUI Defense and are reported to have excellent reputations in the field:

California DUI Laws

California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):

* 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
* 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.

Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:

* There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
* You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
* Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
* You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
* If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.

For further information, visit the following sites:

California DUI Laws and Procedures
Helpful legal information from an 8-attorney California law firm practicing DUI defense exclusively.

Basic DUI Law
Verbatim presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152.

DUI FAQs
Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook "Drunk Driving Defense, 5th edition".

DUI Attorneys Southern California

DUI attorneys in southern California have dramatically grown in numbers over the last 5 years to an all time high. The increase in sheer volume of DUI attorneys shows an even more alarming trend in southern California - the increased number of DUI arrests happening in the area.
Why An Increase in DUI Arrests in Southern California?
The increase in DUI arrests in Southern California has to do with a major allotment of federal highway funding that is actively supporting DUI patrols, checkpoints, and overall increased DUI enforcement specifically focused on major Southern California highways like;
* Interstate 5 Golden State Freeway/ Santa Ana Freeway/ San Diego Freeway

* Interstate 15 Mojave Freeway/ Barstow Freeway/ Ontario Freeway

* Interstate 110

* Interstate 405

* I-710

* I-105
Southern California DUI attorneys defend their clients against two basic charges in Southern California DUI cases;
* 23152 (a) Which states that it's a misdemeanor to operate a motor vehicle under the influence of alcohol and/or drugs.
* 23152 (b) Which states that it is a misdemeanor to operate a motor vehicle with a .08 percent or higher blood alcohol concentration.
Every offender arrested and charged with DUI in southern California is charged with both of the above offenses even though only 1 particular incident occurred. This is what a Southern California DUI attorney will argue against.
A good attorney will challenge every aspect of your incident and work with the prosecutor's office to try and work out a reduction or dismissal all together if the evidence against you isn't sufficient.
It's becoming increasingly difficult to win DUI cases in the area due to tougher laws and less lenient judges presiding over the cases.

California DUI attorneys

California DUI Laws and DUI Lawyers is a complete source of information about California DUI laws, California DUI attorneys and lawyers, penalties for driving under the influence, California DMV driver's license suspensions, breath alcohol tests, criminal courts, car insurance after a DUI California arrest and police investigative procedures. California DUI offers everything you need to know if you are arrested in California for driving under the influence of alcohol or driving under the influence of drugs ( DUI ) - sometimes referred to as "drunk driving", "drinking and driving" or "driving while intoxicated" ( DWI ) - including answers to such common questions as:

• What crimes will I be charged with for a DUI in California?
• What are the possible penalties for driving under the influence of alcohol?
• Who are the best DUI defense attorneys in California?
• How can I save my driver's license?
• How do those field sobriety tests work?
• Are those breath tests accurate?
• How can I estimate my blood-alcohol level?
• What if I have a high tolerance to alcohol?
• What happens if the police didn't read me my Miranda rights?
• Are DUI laws and penalties the same in San Francisco as in Oakland, Los Angeles or San Diego?
• What happens to my car insurance?
• How can I get my driving record?

"What should I do if I'm stopped for DUI?"
Nationally-known California DUI defense attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense, 6th edition, offers 5 tips:

• Politely decline to answer questions without an attorney (only incriminating answers will be in the police report).
• Decline to take any field sobriety tests (not required by law and rarely helps you).
• Unless you are under 21, decline to take any handheld breath test not required by law.
• Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%).
• Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension.

"Should I just plead guilty?"
Atlanta attorney William C. Head, one of the foremost DUI lawyers in the country, explains the 5 myths and realities of defending against DWI charges today:

• Most people accused of DUI are guilty.
• Drunk driving is a minor offense.
• Any attorney can defend a person accused of DUI.
• These cases can't be won.
• DUI cases are just like any other criminal case.

California DUI Attorneys Resource Center
California-oriented legal megasite for lawyers and laymen, containing information and over 600 links.
The Great .08 Debate
Excellent discussion of the .08% blood-alcohol controversy, from noted New York DWI attorney Ed Fiandach.
California DUI Laws and Procedures
Helpful legal information from an 8-attorney California law firm practicing DUI defense exclusively.
Driving Under the Influence of Drugs
The laws and police evidence in California if you are arrested for DUI drugs or "drugged driving".
MADD and Madder: Today's DUI Defense Bar is More Focused and Aggressive Than Ever Before
Interesting article in the "American Bar Association Journal" reporting on the counter-offensive from increasingly specialized and technically sophisticated DWI Lawyers.
The DUI Exception to the Constitution
The continuing erosion of fairness and constitutional rights in drunk driving cases from pressure groups like MADD, from a lecture by a former Fulbright Professor of Law and nationally-known California DUI attorney.
DUI Blog
Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving".
DUI Resource Library for Judges
Online links and materials for judges nationwide in understanding and dealing with DUI cases.
FindLaw
Nationwide resource for DUI and DWI issues generally.
DUI Laws
A summary of the DWI and DUI laws of all fifty states.
DUI Boating
Discussion of California laws and penalties for boating under the influence of alcohol or drugs.

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California DUI: A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups such as MADD seeking the passage of unfair DUI laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional DUI sobriety checkpoints, overemphasis on breath alcohol tests, unfair DUI penalties and the imposition of "automatic" DUI license suspensions. "Responsibility in DUI Laws, Inc.", is an organization dedicated to reforming harsh and misdirected DUI laws.
Please visit our local DUI information websites for Los Angeles, Orange County, San Diego, Riverside and San Francisco. Websites for Oakland and the following counties are under construction or in the planning stages: Alameda, Contra Costa, San Mateo, Marin, Napa, Santa Clara, Solano, Sonoma, Ventura and San Bernardino.