Law Offices of Thomas Wallin
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Why Fight My California DUI Case?
This question is very common and while in court, you may notice that many defendants choose to go without an attorney and plead guilty to the DUI charge, in the hopes of resolving the case quickly and “getting it done with”. This may not be in your best interests in and can have long-lasting consequences.
If you don’t retain an attorney that specializes in California DUI cases, you may qualify for a Public Defender if you meet low-income requirements. If you don’t qualify for a Public Defender, you have the right to represent yourself, pro se. Generally, it is not advisable to represent yourself in a criminal matter because you will be held to the same standards as an attorney. This means you will need to follow all the procedures and requirements that attorneys follow.
Without a DUI attorney, you will be expected to understand what an experienced attorney understands. A judge can not give you legal advice. An attorney can advise you of the consequences of accepting any penalties from pleading guilty. If you plead guilty without fully understanding all the consequences, there is a good chance that you may come to regret your choice to forego hiring an attorney to represent you.
In California, persons charged with driving under the influence (DUI) are presumed innocent until proven guilty. Persons charged with DUI in California are also entitled to a jury trial. A prosecuting attorney has the burden of proving a defendant’s guilt beyond a reasonable doubt. In California, there are generally 12 jurors that must all agree on the defendant’s guilt. If any one of those 12 jurors finds reasonable doubt and votes not guilty, the result is called a “hung jury”, which could mean your case may be dismissed.
So, if you automatically plead guilty to drunk driving and throw yourself on the mercy of the judge and prosecutor, you will be convicted of drunk driving. If you go to trial, there may be a good defense where you can convince one of the 12 jurors to vote not guilty.
If you are facing a first-offense drunk driving charge, there may be good reason to fight your DUI case. Here, you need to think about the future. If you plead guilty to a first offense DUI and you are charged with another DUI in California within 10 years, you would face the stiffer penalties of a second-offense DUI.
In California, there is a ten year “washout” period regarding DUI convictions, meaning that if someone is arrested for a DUI offense within ten years of a prior conviction, the most recent case will be charged as a second-offense. If that second arrest occurs more than ten years later, the second arrest is simply another first-time DUI. (The ten years goes from arrest date to arrest date.) The penalties for a second offense DUI are substantially more severe than for the first.
Another reason not to plead guilty (or “no contest,” which is treated by the court the same as a guilty plea, although it cannot be used against you in a civil lawsuit) is the prospect of being placed on probation for three to five years. During that time, you will be required to do many things, such as pay fines, attend DUI classes, and so on. One common term and condition of probation in any DUI case is that the probationer cannot drive with any measurable amount of alcohol in his or her body.
If you violate the any terms of your probation, such as failing to pay fines, enroll in an alcohol program or whatever the specific terms might be, this may result in an additional charge of Violation of Probation (“VOP”). If there is an allegation of VOP, a judge makes the determination and need only be convinced by a preponderance of the evidence. A conviction of VOP may result in additional penalties.
In some cases, it may be in your best interests to enter a plea agreement. In some cases, you may be better off aggressively defending your case. You will want to be well-advised before taking any action on your own. You should consult with an experienced California DUI attorney to discuss your options.
If you don’t retain an attorney that specializes in California DUI cases, you may qualify for a Public Defender if you meet low-income requirements. If you don’t qualify for a Public Defender, you have the right to represent yourself, pro se. Generally, it is not advisable to represent yourself in a criminal matter because you will be held to the same standards as an attorney. This means you will need to follow all the procedures and requirements that attorneys follow.
Without a DUI attorney, you will be expected to understand what an experienced attorney understands. A judge can not give you legal advice. An attorney can advise you of the consequences of accepting any penalties from pleading guilty. If you plead guilty without fully understanding all the consequences, there is a good chance that you may come to regret your choice to forego hiring an attorney to represent you.
In California, persons charged with driving under the influence (DUI) are presumed innocent until proven guilty. Persons charged with DUI in California are also entitled to a jury trial. A prosecuting attorney has the burden of proving a defendant’s guilt beyond a reasonable doubt. In California, there are generally 12 jurors that must all agree on the defendant’s guilt. If any one of those 12 jurors finds reasonable doubt and votes not guilty, the result is called a “hung jury”, which could mean your case may be dismissed.
So, if you automatically plead guilty to drunk driving and throw yourself on the mercy of the judge and prosecutor, you will be convicted of drunk driving. If you go to trial, there may be a good defense where you can convince one of the 12 jurors to vote not guilty.
If you are facing a first-offense drunk driving charge, there may be good reason to fight your DUI case. Here, you need to think about the future. If you plead guilty to a first offense DUI and you are charged with another DUI in California within 10 years, you would face the stiffer penalties of a second-offense DUI.
In California, there is a ten year “washout” period regarding DUI convictions, meaning that if someone is arrested for a DUI offense within ten years of a prior conviction, the most recent case will be charged as a second-offense. If that second arrest occurs more than ten years later, the second arrest is simply another first-time DUI. (The ten years goes from arrest date to arrest date.) The penalties for a second offense DUI are substantially more severe than for the first.
Another reason not to plead guilty (or “no contest,” which is treated by the court the same as a guilty plea, although it cannot be used against you in a civil lawsuit) is the prospect of being placed on probation for three to five years. During that time, you will be required to do many things, such as pay fines, attend DUI classes, and so on. One common term and condition of probation in any DUI case is that the probationer cannot drive with any measurable amount of alcohol in his or her body.
If you violate the any terms of your probation, such as failing to pay fines, enroll in an alcohol program or whatever the specific terms might be, this may result in an additional charge of Violation of Probation (“VOP”). If there is an allegation of VOP, a judge makes the determination and need only be convinced by a preponderance of the evidence. A conviction of VOP may result in additional penalties.
In some cases, it may be in your best interests to enter a plea agreement. In some cases, you may be better off aggressively defending your case. You will want to be well-advised before taking any action on your own. You should consult with an experienced California DUI attorney to discuss your options.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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