How to Decide Whether or not to Pay for a DUI Attorney

Private attorneys charge anywhere from $5,000 to $15,000 or more to represent someone on a misdemeanor DUI charge and this never includes what they charge additionally for trial. Save yourself some expense by evaluating your own case to see if you need an attorney or if you'd just be paying him to get you the same deal that you could get on our own.

Difficulty:

Moderately Easy

Instructions

Things You'll Need

• A copy of the complaint in which you are charged.
• A copy of the police report, if available.

How to Decide Whether or Not to Pay for a DUI Attorney

1. Check your Blood Alcohol Concentration ("BAC"). In California, if you are 21 years old or older, the legal limit is .08%. This means if your BAC is .08% or above, when tested, you'll be getting charged with a DUI. However, even if your blood is below a .08%, you could still be charged with the "(a) count," which only requires that the District Attorney prove you were "under the influence" no matter what the BAC is. The thing to be aware of is if your blood or breath test comes back as a .10% or higher your chance of getting the charges reduced is slim to none regardless of whether you have an attorney. Take the "Standard First" offer (see Tips below).

2. Know how many DUIs you've had in the 10-year period before the current offense. Determine this by calculating whether any prior date of conviction for a DUI is within 10 years of the date of this latest offense. If you have such a "prior," you are no longer eligible for the "Standard First" offer and you should consider hiring an attorney to negotiate for the best deal. If by chance you get a DUI and see that the complaint says it is charged as a first-time DUI and you know you have a "prior" that qualifies, TAKE THE DEAL! A second and third carry minimum jail time so you should take advantage of any charging error. The longer your case stays around, the more likely the District Attorney will realize her mistake and amend/change the complaint to add the prior.

3. If you are being charged with other crimes in addition to the DUI, such as a hit and run or resisting arrest, you will most likely want to hire attorney. These charges complicate things and increase the maximum and minimum possible penalty and an attorney is better equipped to negotiate deals in these cases including potential dismissals of certain charges.

4. Finally, if you think the officer didn't have any valid reason to pull you over, you may also want an attorney. Having a copy of the police report is integral because if, for example, he says he pulled you over for running a stop sign, you're fairly sunk. Most courts believe an officer's observations, even if you think it's bogus. If there is no mention of any vehicle code violation, however, before the officer pulled you over, this means you have a valid "suppression motion" and need to hire an attorney to file and argue it on your behalf.

Tips & Warnings

• The "Standard First" sentence for anyone charged with a first time Driving Under the Influence in California is $390 plus penalty assessment (about $1400), an alcohol class (either three-, six- or nine months depending on your BAC), one MADD panel, and three years of informal probation, and court fees of approximately $227.

• Don't be fooled by attorneys who claim they can get one of the two charges in a DUI dropped. Every DUI, assuming there was a blood or breath sample given that tested at or above .08%, consists of two charges, the "a" count and the "b" count. The "a" count charges that you were "under the influence" and the "b" count charges that your Blood Alcohol Concentration was at or above a .08%. You cannot be sentenced on both charges by law so getting one of them dismissed is no great feat.