Chapter 7: Closing Thoughts: Choosing The Right Defense Attorney

What To Look For In A DUI Defense Attorney

When looking for a DUI defense attorney, consider these points to ensure you have competent and effective representation. Remember that you’re trusting this person with your life; you’re not merely hiring them to perform a service.

Experience

Look for an attorney with ample experience handling all aspects of DUI cases, including trial experience, motion practice, representation at the administrative license suspension hearing, filing appeals, and challenging DMV decisions.

Trial Readiness

Choose an attorney who is not afraid to take a case to trial when necessary and has a proven track record of successfully handling cases that have gone to trial.

Current Knowledge

Ensure the attorney you’re looking into is up to date on current laws and aware of any changes in DUI legislation, as this is a practice area that changes frequently.

Specialization

If possible, try to find an attorney who specializes in DUI defense rather than a general practice attorney. Specialized knowledge can make a significant difference in the direction and outcome of your case.

Communication

Choose an attorney who communicates clearly and effectively, keeping you informed about your case’s progress and explaining complex legal concepts in an understandable way.

Strategy And Resources

Look for an attorney who has a strategic approach to DUI defense and access to necessary resources, such as a strong network of expert witnesses and investigators they can call on.

Commitment

Ensure the attorney is committed to your case and willing to dedicate the necessary time and effort to achieve the best possible outcome.

What To Expect When Meeting With A DUI Defense Attorney

During your initial consultation with a DUI defense attorney, they’ll likely ask you several questions to gather essential information about your case. These questions typically surround each of the following aspects of your case. You’ll see a couple of example questions for each aspect below.

Basic Facts Of The Case

• What was the amount and type of alcohol or substances ingested?
• What was your drinking pattern prior to your arrest?
• Can you provide a timeline of the events leading up to your arrest?

Medical Conditions

• Do you have any medical conditions that could have influenced your behavior or the results of the blood alcohol concentration test or performance on the field sobriety tests?
• Are you taking any medications that might have affected your BAC?

Arrest And Testing Procedures

• How was the blood draw or breath test conducted?
• Were the procedures followed according to accepted medical or legal practices?

Highly skilled DUI Defense attorney Michael Linscheid has been serving Californians out of San Francisco for over two decades. He’s gained invaluable experience successfully defending numerous clients over this time by handling cases and navigating everything, from arraignment to sentencing. He makes it a point to stay current on DUI legislation and the constant changes to it, as well as proven strategies in reducing penalties, such as negotiating alternative sentencing options and challenging DMV suspensions, have helped many clients achieve favorable outcomes.

Looking for an attorney who can get you or a loved one’s penalty reduced or to challenge a DMV suspension? Contact the Law Office of Michael Linscheid today to schedule an initial consultation.

Witnesses

• Were there any witnesses to the event or your behavior before the arrest?
• Did you have passengers in your vehicle?
• Was there anyone who observed you while drinking?

• Is there any video surveillance from the location where you were drinking or where the arrest took place?

Interaction With Law Enforcement

• How did the police officers conduct themselves during the stop and arrest?
• Were you advised that you had a choice between a blood or breath test and were you advised of the consequences of refusing a blood or breath test?

Previous Record

• Do you have any prior DUI arrests or convictions?
• Is there any relevant criminal history that might impact your case?

Reducing Penalties

An experienced DUI attorney will employ various strategies to reduce the penalties you face through negotiation or legal defense. If your attorney is familiar with the prosecutor and how their office handles DUI cases, they can use this knowledge to negotiate on your behalf quite effectively. They’re much more likely to know which mitigating factors are most likely to resonate with the prosecution. 

If you have a commercial or professional license, your attorney can prepare a mitigation packet, including letters from a licensing attorney, to highlight the impact of a conviction on your career. This can sometimes persuade the prosecution to reduce penalties. The attorney can include details about your personal and professional life that emphasize your contributions to the community and responsibilities.

An attorney can also work with licensing attorneys to craft arguments that highlight how a conviction would adversely affect your professional licenses, seeking reduced penalties to mitigate these impacts. If there are potential consequences with regard to your immigration status, your attorney can collaborate with an immigration lawyer to find alternative pleas or resolutions that avoid impacting your immigration status.

There are some things you can do on your own to increase your chances of reducing the punishment, too. Showing that you’ve taken the initiative to attend a self-help, outpatient or residential treatment program can speak volumes and demonstrate a commitment to rehabilitation. This will likely gain favor with the prosecution and may lead to reduced penalties. Completing community service can also be a mitigating factor that the attorney can present to the prosecution.

Helping Your Attorney Help You

Taking some somewhat basic measures can go far to help your attorney hit the ground running upon hiring them. Perhaps the thing that might be most helpful would be to prepare a detailed timeline of the events leading up to their DUI arrest. This timeline should include:

• Timing Of Drinks: When you drank your drinks.
• Driving Details: When you started driving and any notable events or stops during your drive.
• Food: What you ate and when, including any relevant receipts.
• Receipts: If possible, provide any receipts from the places where you drank or ate.
• Interactions: Details of the interaction between you and law enforcement, including when and where you were stopped.
• A complete description of the blood draw process, including, the location, sanitation and the specifics of the blood draw.

• Symptoms Or Conditions: Any medical conditions or symptoms you experienced that could affect your behavior or BAC.

This detailed timeline will allow your attorney to quickly start developing a defense strategy effectively, all while ensuring that no critical details are overlooked.

What Sets The Law Office Of E. Michael Linscheid Apart

What sets my firm apart in handling DUI cases for our clients is our extensive experience and comprehensive approach to every aspect of DUI defense. This shows itself in several ways.

With more than two decades of experience representing individuals accused of driving under the influence, I bring a wealth of knowledge and proven strategies to each case my firm handles. We have a strong track record of successfully handling DUI cases through trial. Our trial experience equips us to vigorously defend our clients in court when necessary.

We also excel in litigating motions to suppress evidence, challenging the legality of detentions and arrests, and scrutinizing the procedures of blood draws to ensure they were conducted properly.

Our firm has substantial experience representing clients before the DMV, challenging suspensions, and navigating the administrative procedures required to protect our clients’ driving privileges. However, we haven’t just successfully challenged DMV suspensions; we have done similar in Superior Court and pursued appeals to the Court of Appeal, demonstrating our capability to advocate for our clients at all levels of the legal system.

In addition to this, we have effectively litigated diversion motions for military veterans, leading to the dismissal of DUI charges. Our commitment to supporting veterans is truly a testament to our dedication to our clients.

With this extensive experience and dedication, we are fully prepared to provide the highest level of defense for anyone facing DUI charges. We hope to be able to help you with your DUI case, too.

For more information on Choosing The Right Defense Attorney, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.