FREQUENTLY ASKED QUESTIONS ABOUT DUI:

Do I need a lawyer?

The answer is almost always, "Yes!" but we will give you straight talk and explain all your options.
Our job is to help you, and we can almost always make a client's situation better, whether it's avoiding
the conviction, saving a license, minimizing the amount of jail time or avoiding jail altogether. But we
also understand that there are individuals who just want to plead guilty, and lawyers who will charge
them to do it. That's not what we are about. To be honest, you probably don't need to spend good
money just to fill out a plea form... (The prosecutor or judge can help with that!)

People hire us because they want us to help them find solutions to the problem. Our mission is simple,
to provide you with the highest quality DUI defense. We are aggressive and experienced in looking at
cases from all angles in our efforts to obtain the very best results for our clients.

How much does it cost to hire a DUI attorney?

First, by law all attorney fees are negotiable and attorneys vary in how much and how they charge.
Generally, you can retain a lawyer either hourly or by a "flat fee" which may cover segmented or
limited portions of the case (e.g., arraignment through all pretrial proceedings with an additional fee for
trial.)

Most DUI attorneys work on a flat fee basis. The advantage to this approach is, it is easier to budget or
plan ahead and there are no unanticipated bills. In contrast, by the "hourly approach" unless the matter
is resolved quickly, the final bill can keep rising and be larger than a flat fee. Often clients will ask,
"What if the case settles at the first court date? Isn't it better to pay an attorney hourly?". That's true.
But in our experience, with AGGRESSIVE DUI defense, there is always considerable work to be done
on each case from pretrial investigation, discovery review, consultation with a toxicologist and filing
pretrial motions - just for example.

We are happy to take the time and explain the pros and cons of each approach in more detail in our free
and confidential consultation.

Do I have to pay costs?

By law, a client must be responsible for costs associated with his or her case. What a cost is, varies
from attorney to attorney, but generally it is any charge generated outside the law office. A few
examples are: expenses for witness interviews, consultation, expert witness fees and blood retests.

Review the retainer agreement carefully and ask questions if there's something you don't understand. Be
sure you understand what is covered and what is not covered. At The Phillips Law Offices, we make
every effort to keep costs down while at the same time assuring all legal defenses are investigated and
your legal rights are fully protected. In our experience, AGGRESSIVE DUI defense cannot be done
without incurring some costs. For example, in blood DUI cases it is almost always a good idea to have
the blood retested as many legal issues may be discovered. In breath cases, we always consult with a
toxicologist. If the lawyer says he can adequately defend you without any costs, be careful.

Be wary of attorneys who are looking for a large volume of DUI cases. These 'DUI mills' typically
charge less than is sufficient to properly defend the case and just plea people guilty at an early stage of
the proceedings. They may talk about their connections, possibly their prior prosecutorial experience
and their winning trial record. Later, they will "bait and switch", telling you that they have some "bad
news" and there is little chance of winning - that it is best that you plead guilty.
     

What should I look for when hiring a DUI attorney...or "all attorneys are not
alike"?

Just because someone is an attorney, or even a criminal defense attorney, does not mean that they are
qualified to handle a DUI case. These types of cases are surprisingly complicated and require attorneys
to stay on top of the changing science and laws. Some attorneys will gladly take your case and plead
you guilty, with only a superficial review of the police reports and without any further investigation of
the facts or possible defenses. In California, you can plead guilty without an attorney. Hiring a lawyer
is a bit like buying a car, you pretty much are going to get what you pay for. A word of caution: a lot of
time and energy should go into properly defending a DUI so it can't be done "on the cheap".

It is a bit like hiring a doctor..would you want one that does a little of everything? Or a doctor that
focuses on the type of problem you have?

Be careful of DUI Mill's !! These are lawyers that don't charge enough to really defend the case. They
relay instead on a high volume of cases and pleading clients guilty at an early stage without fully
developing a defense or even filing any motions.

Also, be careful of out of town lawyers that may practice over a very large geographical area, the entire
state or even country! They may highlight a very impressive resume' with the price tag to go along with
it! But, then when it comes to your case, it referred out 'for a cut ' to another lawyer who practices in
your town. By law in California, attorneys must get the client's permission for any 'fee splitting'. Be
sure and ask the attorney who will be actually handling your case and be sure you understand all fee
arrangements.


Here are some things to consider while looking for an attorney:

Years of experience: Usually this means that people get better, but you must also find out if they are
staying current with DUI practice and training. Ask them when was the last DUI seminar they
attended. What DUI books do they have in their library? When was the last trail they conducted? How
many trials have they done in the last five years?
Prosecutors know which lawyers go to trial and which ones eventually plead their clients guilty.

Type of experience: What type of law do they practice and how much of the practice is DUI defense?
Trial experience is a great thing to have, but you need trial experience on the defense side of the table.
Attorneys who advertise themselves as "former prosecutors" are used to having everyone, (police
officers, witnesses, Justice Department experts, etc.) on their side, and often lack the ability to
effectively cross examine difficult witnesses. Typically, they have limited experience in trials from"the
other side". A lawyer needs experience thinking "outside the box", trying difficult cases and not being
afraid to ask the arresting officer tough questions! You should not assume that because an individual
used to be a prosecutor, that they have any connections or are treated differently. Oftentimes,
prosecutors who leave the office to practice criminal defense are disliked by prosecutors and police
officers as "turncoats".

Membership in professional organizations: This shows that an attorney is interested in staying on
top of the DUI field and cutting-edge defenses. They should belong to organizations that emphasize
DUI defense like NACDL (National Association of Criminal Defense Lawyers), California DUI
Defenders and the National College for DUI Defense.

Office staff: A dedicated DUI attorney will have staff working for them. This shows commitment not
only to their profession, but to you, the client. Having support staff shows the more mundane office
tasks are not being done by one person - your attorney. This leaves the attorney more time to devote to
actually working on your case. A smart trial lawyer relies on his staff to handle all the routine tasks of
the office in order to allow him/her to be in court and trying cases.

Communication: Does your attorney return your phone calls and e-mails in a timely manner? Is there
even someone answering the phone, or would you just have to leave voice messages?

Use of technology: A good trial attorney will bring into the courtroom the latest technology that jurors
have come to expect. Often times, courtroom technology is the difference between winning and losing a
case.

Courthouse reputation: Having a good reputation in the courthouse is probably better than a word of
mouth recommendation. This is where an attorney demonstrates the level of practice, and the
courthouse staff is there to see it every day. Go to the courthouse before your case and when the court
recesses, speak to people in front of the courtroom, (clerk or bailiff). Ask them who they would
recommend for your type of case. Don't ask a prosecuting attorney because they may not recommend
the best attorney. They would rather work less than more.

Find someone you are comfortable with that you can trust to do the right thing. You don't need the
extra worry of wondering if your attorney is really working for you, added to the possibility of having a
DUI conviction on your record.
THE PHILLIPS
LAW OFFICES
A Focus on Criminal Defense,
             A Focus on Results...
DUI Defense Attorneys