8 Questions to Ask any Lawyer You’re Thinking of Hiring for a DUI Case

Question 1:  Do you specialize in DUI or are you a jack-of-all-trades and a master of none?

No matter what endeavor, occupation, or profession that you’re in, a person who specializes and concentrates their focus, ends up becoming an expert. If you’re having heart problems, you don’t go to a family doctor, you go to the cardiologist. Same with DUI’s. If you’ve been arrested with a DUI, you’re not going to go to a lawyer who does wills, trusts, bankruptcy, divorces, and every type of law. No matter what it is, it’s best to stick with a specialist.

Question 2:  How long have you been an attorney?

The reality is, an attorney who has 20 plus years of practice has seen just about every problem and scenario in that area of law. I just started my 24th year of practice. I have been defending DUI’s my entire career. 

Question 3: What percentage of your work is on DUI’s?

Again, this goes to your specialist question. Here at Silva and Silva Law, approximately 97-98% of my work is on DUI defense. We have other attorneys that focus on other areas of law. Attorney Meagan Silva focuses on estate planning, wills and trusts. Attorney Alex Silva focuses on personal injury. Attorney Celine Gaston focuses on DUI’s. Attorney Rebecca Madrid focuses on DUI’s.

Question 4:  Have you ever taught other lawyers at a seminar or conference? 

When you teach other lawyers you have invariably become a DUI expert. With this question you’re weeding out whether or not your proposed attorney is a leader in the field of DUI defense. When you start speaking at conferences and seminars, you’re recognized by other lawyers as being head and shoulders above them and you’re recognized as a leader in the field of DUI defense.  You become the master and not the student. I’ve been fortunate enough to speak in front of 130, 140 lawyers at seminars and conferences.

Question 5: Have you  ever received any prestigious awards such as the President’s Award from the California DUI Lawyers Association? 

When you start receiving awards for your work, that is a good indication that you know what you’re doing and you work hard for your clients. The President’s Award from the California DUI Lawyers Association is given to either one or two lawyers yearly, and it’s being given in recognition of their winning nature and service to their clients.

Question 6: Have you ever handled a DUI murder case or manslaughter? 

When your attorney reaches a level where he’s able to handle a DUI murder or DUI manslaughter case, he’s at a level where he can handle anything from a first time DUI, second, third, fourth, felony no injury,  felony DUI with injury, a felony DUI with an injury with great bodily injury, a DUI with an injury where you have multiple victims, a DUI where a person has a prior felony strike. All these little intricacies play a huge part in the attack and defense of the case. 

Question 7:  Do you know the approximate 17 to 20 main attacks on a DUI case?

Over the years, I’ve developed approximately 17 different attacks, loopholes, or technicalities that help me beat a case, reduce it, or just keep my client out of jail. It’s taken a lot of years to develop these attacks and know which ones work in the DMV setting and which ones work in the DUI criminal settings.

QUESTION 8:  Do you know how to save a truck driver’s Class A license, even if they lose the DMV and you get a reduction in court? 

Class A drivers are some of the hardest cases to fight and the reason is a Class A driver is a person who usually is driving a big rig truck for a living. They rely on their Class A license for their career.

The problem in California is that if you’re driving your Ford Focus and  you catch a DUI and you either lose the DMV or you plead guilty to a DUI in court,  you’re going to  lose your Class A for one year with no ability to obtain a Class A license or work as a truck driver. You might be able to downgrade to a Class C and do other types of work but you’re going to lose your job. What I have developed is something called a Helmandollar, comes from a case called People v. Helmandollar, and what I do is I get the DA to agree to reduce the DUI to what’s known as a wet and reckless. The wet and reckless will not take away your license and then I insert this language that talks about the parties stipulating to a factual finding of not guilty as to 23152B. This allows us to send a certified copy of the minute order up to Sacramento’s legal department and we can overturn any loss at the DMV level. I have saved many, many truck drivers’ careers, licenses, livelihoods,  and families with that little known technique. Hope this has helped. 

Bonus Question: I am a Registered Nurse, can you give me any advice on how to handle the BRN (Board of Registered Nurses).  

Yes, the BRN loves to see that you are taking steps to become abstinent from alcohol. They like to see you attending AA meetings, outpatient treatment, or inpatient treatment.