A DUI lawyer versus a criminal defense lawyer, what’s the difference?

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A DUI lawyer versus a criminal defense lawyer, what’s the difference?

I find in talking to clients there is often confusion in making the distinction between a DUI lawyer and a criminal defense lawyer. In fact, a DUI lawyer is a criminal defense lawyer. A DUI is considered a criminal offense, either a misdemeanor or felony. Most of the time a misdemeanor, but it is a criminal offense that can result in a criminal record.

One distinction between a normal criminal case, and a DUI case, is that the person who is charged with driving under the influence, also must consider the consequences where the department of motor vehicles is concerned, and the possibility of having their license suspended or revoked. A typical criminal case does not involve the department of motor vehicles. Granted there may be other serious consequences, but the DMV is strictly a different government entity and has different consequences and falls under the purview of a DUI charge.

I brand myself as a DUI lawyer/ the DUI man, primarily because over the last almost 20 years that has been the primary area of my practice. And I am aware of the laws and changes in the laws and how the impact DUI cases. I am aware of the different procedures and rules concerning DMV hearings versus court hearings, Also I am involved daily in assisting people in keeping their driving privileges.

Conversely, a criminal defense lawyer typically deals with a wider scope of cases, ranging from assault and battery, robbery, embezzlement, and a host of other criminal offenses. Not that I wish to cast aspersions on capable criminal defense attorneys, but as the saying goes, a jack of all trades and a master of none. DUI cases have their own particular nuances where both the court and the DMV are concerned.

Unlike many other criminal cases DUI’s don’t involve what I consider the mental state that appears to be an element in most other criminal offenses. What I mean by this is simply, nobody wakes up in the morning and says, “I think I’m gonna get a DUI today.” However, people who rob, steal, plan to do harm to others, set out to do so and have the mental state or capacity or what we would refer to as a criminal mind. This criminal mind is lacking in a DUI case.

Typically, DUI’s happen for really only three reasons.

  • Number one, bad judgment. The defendant in this case felt fine, was responsible, drank water, waited a significant amount of time before getting in the car, but may have been slightly over the legal limit.
  •      Number two, the person is dealing with addiction. In this scenario, the person is dealing with a very bad substance abuse addiction problem. This is where we may see a person who has offended on multiple occasions because of suffering from an addiction. This is a defendant who needs help, not to be thrown into a hole or jail which would likely exacerbate the problem.
  •      Number three, bad arrests or bad cops. I firmly believe that there are many good police officers on the police force. However, there are always a few bad apples in any group. In this scenario the defendant may be charged or arrested unlawfully and it’s up to me to make certain that the rights that have been compromised are fought for and defended.

I am very passionate about the work that I do in assisting my clients. If you have a DUI problem you call the DUI man. The right tool for the right job. Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities……both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

Sometimes a Super Man Needs a DUI Man

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Not all DUI cases are created equal. The truth is is when defending a high-profile client there are certain considerations that have to be looked at. As California’s premier DUI defense attorney, I would want to scrutinize this case very closely because frankly speaking it’s going to be under the microscope. Knowing the nuances of any court is always puts us ahead of the game and we are very familiar with the nuances of the Yreka court and the system.

There’s some certain legal steps that have to happen quickly. Certainly, we want to contact the DMV to get that hearing scheduled immediately, which would also be our first best opportunity to review the police reports body cams, dash cams etc.

But as the attorney on this case, I would want to be very cautious and responsible as to how it would proceed. Are there good and righteous pretrial motions for example. Was the client’s targeted because he was high profile? How was the driving?  Was there enough probable cause to arrest?  Was the blood alcohol content exceptionally high or marginally over the legal limit?

I’ve had more than my share love cases including cases in the Yreka courthouse. There’s no question that this would be a media circus. One that in fact that particular community is not used to. In that scenario it’s up to the defense attorney to guard that client, Avoid unnecessary tabloid exposure and be very careful with how they handle the information on the case.

This is the type of case that separates the experienced attorney versus the newbie. This one separates the men from the boys. This client needs very adept and experienced counsel. He needs somebody that knows DUI defense cold!

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Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in the area of DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

Call the DUI MAN directly at (818) 666-3742 for a free consultation. I will protect your future.

Tis the Season!

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Merry Christmas. You are getting pulled over for a DUI. The truth of the matter is over the holiday season checkpoints and DUI arrests are up we do not encourage you to drink and drive but if you are pulled over you must cooperate with law enforcement you do not have to answer their questions. You do not have to do their field sobriety tests. The only thing you are required to do is give a blood or breath test after the point of arrest. Once again you can refuse to answer their questions, you can refuse to perform any field sobriety tests, but you must give a blood or breath test once you are arrested for DUI.

By kindly refusing their tests and their questions you allow your defense attorney to argue that there was no probable cause to arrest for a DUI. This is a particularly strong defense and a checkpoint situation when there is no observable bad driving.

 

Once again, we do not encourage you to drink and drive but these are some of the legal defenses that can be employed if you find yourself in that situation. 

Stay Safe and Happy Holidays