Legal Question in DUI Law in California

If you cannot afford an attorney, you must try to apply for a Public Defender and you will have to apply and swear under oath.

If you do meet the financial eligibility criteria for a public defender for the Criminal Court side of your DUI case:

(a) public defenders do not handle DMV license suspension actions; and

(b) your court appointed attorney will not be available to discuss your DUI case with you until they have been officially appointed by the Judge no sooner than the date of your first court appearance, or arraignment.

Being that the 10 day grace period for requesting a DMV Licensing Hearing would have already lapsed, it is strongly recommended that you retain a qualified and proven a San Diego DUI Attorney Specialist to represent your quasi-civil, administrative matter with the Department of Motor Vehicles.

Because this is a misdemeanor, criminal courts treat these very seriously and one cannot represent oneself.

You can only apply for a "public defender" if you show you are unemployed & have no assets.

If you have no job or assets, you can't choose which attorney from the Public Defender's office you'll get.

If you have no job or assets, your case will be assigned to an attorney. You may get an excellent one or one that is less than stellar. Like private attorneys, there are good and bad ones, but if you are assigned to a bad one, it's difficult to switch unless you subsequently hire private counsel.

Public Defenders are notoriously overworked. While there are the good aspects I mentioned above, but their caseload doesn't allow them the luxury to spend any significant amount of time with any one client. It's not their fault - just a reality of too many cases and not enough time. Private attorneys will be able to spend more time discussing your case, the options and strategy with you.

Attorneys from the public defender's office start with low-level offenses (such as misdemeanor DUI cases) and work their way up. If you have no job or assets, your case may not be assigned to an attorney with very much experience (as far as number of years practicing law).

Depending on the court and the number of public defenders, if you have no job or assets, you will usually get assigned based upon which attorney is "next in line".

Another problem with a public defender is assigned all types of case by the court. This does not allow the public defender to really focus on one area of law and they have to be more versed in all areas. I am fortunate to only represent individuals charged with DUI; therefore, I can concentrate on one particular practice area.

Hopefully you will have the opportunity to gather enough funds to contact a private attorney in your area that focuses on representing individuals charged with DUI.

All of the above, except you don't liv in San Diego. Either you can afford an attorney or a bus pass.

Sir; your concern regarding your license can only be dealt with by a criminal defense attorney or yourself, without a lawyer, if you notice the DMV within 10 days of the arrest. Other than that, your license will be gone for at least 30 days. In regards to court, a lawyer should cost anywhere around 2,000 dollars for everything up to a trial, if you have no priors. I wish you well and if you have any other questions, feel free to contact me at any one of our 3 offices.......... David Wallin

"You know that money you were saving for a rainy day? It's raining".

If there was no one around, how did the police car pull right up behind you?

Many people are not "drunk" at .08, and some are not at .09. It is illegal to drive with .08% or more blood alcohol level.

Most cops do not understand if the light is broken you can legally go through when it is safe to do so. Proving the light was in fact broken; you will need an attorney.

We offer 90 day interest-free loans, usually requiring a co-signer, and accept all major credit cards.

The pink license cannot wait, it is an emergency and cannot wait until court.

MISTER DUI