Charged for DUI, Officer Didn't Witness, Arrested in my home.

[Devante]

I think you don't understand the difference between the tests. The two tests (breath and blood) are different and are rarely equal for a number of reasons. Also, if the breath test you took was in the field on the handheld PBT and NOT the state-issued Drager EPAS, then the results are not nearly as accurate as the blood test would have been and this would be inconclusive evidence of a rising BAC.


Then at $2,500 you got a heck of a deal! That would likely be the retainer for a general criminal defense attorney here in the north state, and less than half what I hear most DUI attorneys hereabouts ask for up front.

I guess you may have to ask him if he ONLY does DUIs, or if he does everything as well. Attorneys that specialize in DUI defense often command high dollars. But, if you are in a place where there are a lot of DUI attorney, then maybe he needs to be much more competitive.

There certainly a lot of DUI lawyers around here.
Most seem gimmicky and, for lack of better phrase, ambulance chasers.

Oh and my test was an EPAS, I believe.

 

[Willlyjo]

If he goes to trial and pays for his own attorney, it may well cost more than that. At least around here, you can expect to spend that by the time a trial is over if you are offering up a zealous defense. if you go for the gusto with a dedicated DUI attorney, it'll likely cost half again as much.

Most often, a DUI will not go to trial, so on average a DUI lawyer retainer doesn't come close to 10,000.00--not even in California! I know of a couple recent acquaintances who experienced DUI's and they were bombarded with all kinds of mail from attorneys who would help them. Their fees ranged from 500.00--1500.00.

IMHO, I don't think a 2500.00 lawyer is going to get the OP anything a 500.00 lawyer will get him. Unless the OP has a case worth fighting, I don't think paying anything more than 1500.00 would be worthwhile.

 

[CdwJava]

Most often, a DUI will not go to trial, so on average a DUI lawyer retainer doesn't come close to 10,000.00

Hence the reason I added that s what it might cost to go to trial.

IMHO, I don't think a 2500.00 lawyer is going to get the OP anything a 500.00 lawyer will get him. Unless the OP has a case worth fighting, I don't think paying anything more than 1500.00 would be worthwhile.

In this case, I agree. Absent some other info that would tend to indicate a flaw in the DUI process, a DUI expert is probably not warranted. Most any decent attorney can effectively evaluate any potential 4th Amendment issues (such as entry into the residence) to see if there is an issue there.

Out here, the standard retainers range between $1,500 and $2,500 for pretrial representation in typical cases (the higher amount often being necessary for felonies as they involve preliminary hearings). More if many motions might be required or the matter goes to trial.

 

[Eekamouse]

This isn't your first arrest for DUI, is it?

 

[betachains]

Most often, a DUI will not go to trial, so on average a DUI lawyer retainer doesn't come close to 10,000.00--not even in California! I know of a couple recent acquaintances who experienced DUI's and they were bombarded with all kinds of mail from attorneys who would help them. Their fees ranged from 500.00--1500.00.

IMHO, I don't think a 2500.00 lawyer is going to get the OP anything a 500.00 lawyer will get him. Unless the OP has a case worth fighting, I don't think paying anything more than 1500.00 would be worthwhile.

In CA, many lawyers charge a set fee for defending a DUI - $5000 and up. Most of the cases are of course pled guilty quickly. They all go thru the usual challenges of stop, arrest, and chemical results, but basically if you were really drunk driving, then it is tough to argue otherwise.

DUI's are an expensive make-work project for third-tier law-school grads. If you are clearly drunk (BAC over 0.09), just plead guilty and get it over with. Less than that, get a DUI lawyer ($5000+). It is almost most impossible to contest a stop (Police Guy will always state a probable cause).

 

[Banned_Princess]

In CA, many lawyers charge a set fee for defending a DUI - $5000 and up. Most of the cases are of course pled guilty quickly. They all go thru the usual challenges of stop, arrest, and chemical results, but basically if you were really drunk driving, then it is tough to argue otherwise.

DUI's are an expensive make-work project for third-tier law-school grads. If you are clearly drunk (BAC over 0.09), just plead guilty and get it over with. Less than that, get a DUI lawyer ($5000+). It is almost most impossible to contest a stop (Police Guy will always state a probable cause).

"police guy" you moron?

 

[CdwJava]

It is almost most impossible to contest a stop (Police Guy will always state a probable cause).

Actually, that is among the most popular challenges. If the stop is bad, all that follows is out. Yes, it is often hard to argue against the reasonable suspicion for the detention, but it can be and has been done.

The next most common challenge seems to be the probable cause for the arrest itself. This often entails a challenge to the performance and interpretation of the FSTs itself.

A challenge to the chemical tests is rarely successful, so not usually conducted unless there is a history of flaws at the testing facility or maintenance on the breath machines is shoddy.

 

[betachains]

Actually, that is among the most popular challenges. If the stop is bad, all that follows is out. Yes, it is often hard to argue against the reasonable suspicion for the detention, but it can be and has been done.

The next most common challenge seems to be the probable cause for the arrest itself. This often entails a challenge to the performance and interpretation of the FSTs itself.

A challenge to the chemical tests is rarely successful, so not usually conducted unless there is a history of flaws at the testing facility or maintenance on the breath machines is shoddy.

Thank you for your corrections. I meant "reasonable suspicion" of course for the initial stop. I am surprised that this has been challenged successfully in multiple cases. If you don't mind sharing, can you give an example from your experience?

Thanks.

(This is out of curiosity; I do not have a DUI pending.)

 

[betachains]

"police guy" you moron?

Sorry you got ruffled. I meant "guys" in the generic non-sexual sense. Just like I say "Hey guys" to male and female co-workers .

 

[CdwJava]

Thank you for your corrections. I meant "reasonable suspicion" of course for the initial stop. I am surprised that this has been challenged successfully in multiple cases. If you don't mind sharing, can you give an example from your experience?

Thanks.

(This is out of curiosity; I do not have a DUI pending.)

Take, for instance, when the stop was based upon something that might not have been an articulated traffic violation. Air fresheners dangling from the rearview mirror is one example that has caused a few to be lost (and there is case law on one concerning drugs that spelled out that the dangling object has to be an obstruction to the driver's view). If the elements of the suspected violation are not properly established, then the stop can be tossed.

If the contact was ostensibly a consensual contact, but involved an officer calling someone over to them and then demanding ID can be an oops.

If the driver was determined to have made a lawful movement or the officer admitted to not quite seeing the suspected violation but believed it occurred, this can also cause the violation to get tossed.

Such events are uncommon from what I know, but they are a lot easier than fighting the chemical test. from what I have been told and witnessed, the next most vulnerable place is the probable cause for the arrest. If the FSTs are poorly conducted, or the results are arguably ambiguous, the probable cause for the arrest might be vulnerable to challenge. If the officer relied too heavily on the PAS (in the field) then he might have a problem since that test can only be used to detect the presence of alcohol, and not to establish a particular BAC. An officer that is about to shrug it off but only makes the arrest based upon a .08 or higher reading on the PAS might have some problems.

A good DUI attorney reviews the report and can often determine how likely he might be to prevail based upon the officer's articulation in the report. An articulate report can go a long way to encourage a plea deal. I have never lost a DUI case, and only one traffic case (my first - I cited the wrong section), but I also tend to write rather complete reports.

 

[HighwayMan]

There certainly a lot of DUI lawyers around here.

You have your own. why don't you seek counsel from him?

 

[Proseguru]

Just to clarify: OP, did you enter a highway when moving your car from 1 parking space to another?

 

[HighwayMan]

Just to clarify: OP, did you enter a highway when moving your car from 1 parking space to another?

How is that possibly relevant? The parking lot is considered a highway and the OP operated his vehicle in the lot.

 

[CdwJava]

How is that possibly relevant? The parking lot is considered a highway and the OP operated his vehicle in the lot.

And to add, DUI is possible even on PRIVATE PROPERTY in California. He operated a motor vehicle while (arguably) impaired.

 

[Proseguru]

How is that possibly relevant? The parking lot is considered a highway and the OP operated his vehicle in the lot.

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

I don't think a parking lot is maintained publicly...maybe..but I'm betting not

And this may be a factor in respect to jurisdictional and subject matter inquiries. Just turning stones.