I got stopped for DUI. What's the first thing I need to do?

By entering this website, you have taken the first step toward mitigating any damage already done. Next, you will select an attorney and have him do the work and make the decisions that need to be made to best favorably resolve your situation.

The police didn't read me my rights and didn't take me to jail, does that mean I wasn't arrested?

No. Surprisingly enough, the police do not usually read a DUI suspect his or her rights. This is because they ask the questions that will elicit incriminating information while they are "investigating" the circumstances of your driving. These questions are designed to obtain information that will help prosecute you if you go to court. Many people are arrested for DUI, without have been read their rights or even going to jail.

Do I need an attorney?

Absolutely yes. You are entitled to an attorney, the United States Supreme Court says that you can even get one free of charge if you cannot afford to pay an attorney. You also have a right to the attorney YOU choose to represent you.

Can’t I just represent myself in court?

You have a right to represent yourself in court. However, beware. The old saying goes: “He who represents himself has a fool for a client.” Even experienced criminal defense attorneys do not try to handle their own cases. (Yes, it happens.) If you do represent yourself, the judge will expect you to follow the same rules as an experienced attorney, and the district attorney, who knows the rules and how to manipulate them, will take advantage of your lack of knowledge.

How do I know if the court will appoint an attorney to represent me?

If you are indigent, the court will appoint a public defender to represent you. If you have an income or other resources to pay an attorney, you will not be allowed to use a public defender. The judge will have you fill out a declaration describing your income and assets and review them for ability to pay before appointing a free lawyer to your case. Once the case is over, if the judge has assigned you to the Public Defender’s office, you will be ordered to pay for their services.

Can I just wait for the court to send me something?

Do not assume you will receive anything from the court. Your signed citation is your promise to appear. If you fail to appear, a bench warrant will be issued, and you will likely be taken to jail and then be required to post a substantial bail.

How long do I have to take action after being stopped for DUI?

Normally the officer will take your license from you and issue you a pink piece of paper (we call this "stop and snatch"). Once that occurs, your license is immediately suspended, beginning 30 days from the date of issuance. The pink piece of paper is your temporary driver license for 30 days. You do have a right to a hearing on that suspension, but it must be requested within 10 days. THIS IS ONE OF THESE DEADLINES THAT SUBSTANTIALLY AFFECTS YOUR WELL-BEING AND COMES UP QUICK. DON’T DELAY ACTION ON YOUR CASE.

What's going to happen to me?

The law says that for a DUI offense without priors you can go to jail for up to 6 months and pay a $2000 fine, plus penalty assessments, which could result in a total fine of over $8000. You will have to take a 6-week, 3-month, or 9-month class (depending on your BAC level). You may be required to attend weekly AA/NA meetings. You will have your license suspended for 6 months and be required to install an ignition interlock devise. You will have to provide the DMV with proof of insurance for the next 3 years. Although all of these consequences result from being found guilty of DUI even without priors, very few people who take care of their DUI case properly will receive a 6-month jail sentence. You must also be aware of licensing and other job-related consequences.

NEVER call a DUI without priors a “first offense.” That pretty much tells anyone including the DA and the judge that you are planning on getting more. Don’t let these little nuances, “invisible influences,” affect your case.

For a second DUI offense, you can get up to 12 months in jail, plus an 18-month class, plus the fines and an even longer license suspension.

In addition to the above punishments, a third time DUI puts you in danger of a mandatory 4-month jail sentence.

Four DUIs puts you in Felony territory. This will devastate your ability to find a job, and may wreak havoc with your reputation.

Is there any hope for me?

Every case has its nuances and issues. In some cases, what may appear to be an obvious DUI, may have an issue that can be litigated to result in a lesser charge. In some cases even a high blood alcohol level may indicate a mechanical of technical error. In some cases the officer has made a mistake in his actions, or in filling out paperwork, that can result in a complete dismissal of charges.

How long will it take until my case is complete?

That depends. Some cases are worked out at the first hearing, and some cases, most in fact, take some time before all the details can be worked out. The most effective way of getting a deal beneficial to you is to have an attorney who is ready, willing, and able to go to trial.

Does every case go to trial?

Most cases do not go to trial. There are two reasons for this. One is complacency on the part of defense attorneys. This is never a good result for the client. The other reason is because the courtrooms cannot handle the volume of cases that are set for trial. If the attorney is not afraid to stand up to the judge and DA and tell them he is ready for trial, he will not be an effective advocate.

Won't the judge assume I'm guilty?

It really doesn't matter what the judge thinks. Only two people can find you guilty. The foreman of a jury, and you. Although sentences can vary, and district attorney offers can change, if you don't want to plead guilty, you don't have to. You should never feel pressured into pleading guilty.

Can I get a DUI on a bike?

I only include this because, for some reason, this is the most common question I am asked when people find out I am a defense attorney. The answer is no NO NO. You can get stopped for violating the law, and you can be cited or arrested if you are drunk while riding a bicycle (or even if you are simply walking down the street for that matter) however, it is not a DUI. That doesn't make it a good idea of course, but it is certainly better than driving a motor vehicle while intoxicated.

What can a cop do when he pulls me over?

This will depend on the circumstances of the stop, your attitude, and the cop's mood. He can obtain proof of your identity, inspect your license, registration, and proof of insurance, run a DMV check and inspect your vehicle's VIN. He can then discuss the violation with you and decide whether to issue you a citation or warn you. Then he has to let you go. These standards can be altered if the cop sees (or hears or smells) something that gives him a reasonable suspicion that some other crime has been or is being committed. The most common is when he smells alcohol. That changes everything.

What's the worst that can happen?

If you hire an attorney to handle your case from the beginning, it is unlikely that you will have to go to jail. You may have to do community service work, pay fines, and attend classes, but the hit you will take will most likely be substantially reduced.

I don't even want to go to court, can my attorney take care of this for me?

If you hire an attorney, he can go to court on your behalf without you being present. The exception is for significant aspects of your case. Also, you may want the judge to see you in court showing that you are remorseful, and it’s nice to know when that happens you will always have an experienced attorney at your side. Kendall Simsarian Attorney can advise you when and if you need to be in court to best handle your case. When you do appear in court, remember that you should always look your best. It may seem unfair, but it is simply human nature for a judge to treat someone better who is dressed nicely and looks presentable. Judges tend to see a person who dresses nice as respectful and concerned, and they tend to sentence accordingly.

Does it matter what attorney I hire?

The difference that a knowledgeable, effective, experienced, attorney can make is no different than in any other profession, and maybe more so. If you hire Kendall Simsarian Attorney, you will have a lawyer on your side who is familiar with your case, knows his way around a courtroom, and has proven effective in getting results out of district attorneys and judges.

Does it matter if the attorney I hire is the one that appears in court for me?

Each court appearance is significant. There are circumstances that arise sometimes at a moment’s notice that allow an opportunity to improve your result. This may be seen as taking advantage of the system, but if it improves your case, it only makes sense for the attorney to reap the benefit on your behalf. If the attorney who appears in court is not the one who is familiar with your case, that person will not be equipped to take advantage of opportunities when they may arise.

What should I look for in an attorney?

Years of experience as a criminal defense lawyer is the number one factor to consider. An attorney who has worked for the county as a district attorney or public defender may not have the same credibility as a defense advocate in court as an attorney who has been in private practice for many years.

Should I hire a former DA to represent me?

This is purely a matter of personal preference. If you think that someone who used to "bat for the other team" will have a greater insight and therefore be more effective as an advocate, that is your choice. However, there is something to be said for a person whose entire criminal law career has been devoted exclusively to defending the rights of people accused of crimes.

Are firms that advertise better than those that don't?

Generally criminal defense firm that have a high "turnover" work more at getting new clients than making sure their current clients have a satisfactory experience. An attorney that depends on referrals will oftentimes be your best bet, since good work will always result in a good representation and he will even hope to get a referral from you some day.

Should I hire someone local or someone from out of town?

Many people are afraid that their attorney may be too chummy with the district attorney and that it makes sense to hire an attorney from a service. You want someone who goes into every court hearing always trying to get the best possible result. There is no substitute for local knowledge and a willingness and ability to take advantage of every possible opportunity to get a good outcome on your behalf.