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

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!


Humphreys And Bail!

Yesterday my client was facing a 1 million dollar fee on an allegation of DUI Manslaughter. The law in People v Humphreys allowed me to argue to the court and get him out on 100K bail. The family Bailed him out and now he can use this time while fighting the case to take measures which can help him fight or mitigate his case as opposed to sitting in jail.