First-Time DUI?

Here’s A Guide to Finding the Best DUI Attorney for Your Needs

Hunting for a DUI lawyer? Needing a DUI accident attorney? Your first instinct would probably lead you to do a Google search—which could lead down a long rabbit hole. Instead, we’ll make it easier for you and answer your most pressing questions in this blog post…

Finding the Best DUI Attorney for Your Needs

The unthinkable happened. You or your loved one were arrested and charged with your first DUI in California.

An onslaught of questions is swimming through your head: Should I get a lawyer for my first DUI? Is getting a lawyer for a DUI worth it? How do I find the best DUI lawyer near me? How much does a DUI lawyer cost? And what questions should I ask a lawyer about DUI?

Don’t panic. We’ll go through each of these questions to help you understand the steps you need to take if you or a loved one has been charged with DUI, especially steps you need to take to find a DUI lawyer in Southern California.  

Should I Get a Lawyer for My First DUI?

First, a word of caution: While it might be tempting to go it alone since some first offenders just want to plead guilty and get it over with (you don’t legally need an attorney to plead guilty for a DUI), going to court for DUI without a lawyer puts you at the mercy of a court system that is determined to make an example of you. Because your priorities may be to wrap up the DUI process as quickly as possible, you might overlook other important aspects of the DUI process. You can’t count on prosecutors being merciful if you don’t have a good DUI lawyer or DUI felony lawyer, even if it’s your first offense and you have no previous record.

Most people who get DUIs are first-time offenders, so this by no means gives you an edge. No matter where you are in Southern California, it is important to find a good DUI lawyer. It is never wise to step into a court room, or even attempt to navigate the court system, without legal representation.

Is Getting a Lawyer for DUI Worth It?

When asking yourself the question, “Is getting a lawyer for DUI worth it?” we advise you to ask yourself another question: “How important is my future?”

DUI charges are serious, particularly DUI charges in California. The ramifications can be far reaching and lasting, impacting areas of your life like employment, transportation (if your license is suspended), probation and possible jail time.

While on the surface, representation by the best DUI lawyer can seem costly, consider what lost employment can mean to your immediate future. Not only does lost employment equate to loss of wages, but it also creates a loss of independence—you will now be depending on others to get places, or paying for costly Uber rides for months, if not years, of your life.

Here are specific ways that having a DUI defense attorney in Riverside County; DUI defense attorney in LA County; DUI defense attorney in Orange County; or DUI defense attorney in San Diego can help.

Remember: You are paying for their wealth of knowledge and ability to adeptly maneuver through the legal system with your rights top-of-mind.

Ways having a DUI Defense attorney in California can help:

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout all vital court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

How Much is a DUI Lawyer?

The costs associated with hiring a DUI attorney in California can vary depending on several factors, including the attorney’s experience, reputation, location, and the complexity of the case. So, the question “How much does a DUI lawyer cost?” doesn’t really have a one-size-fits-all answer.

Below is a general idea of the typical costs. However, it’s best to consult with individual attorneys to get accurate and specific information. Here are some common fee structures for DUI attorneys in California:

Hourly Rate: Some attorneys charge an hourly rate for their services. Hourly rates can range widely depending on the attorney’s experience and reputation, typically ranging from $200 to $500 or more per hour. The total cost will depend on the number of hours spent on your case.

Flat Fee: Many DUI attorneys offer flat-fee arrangements for their services. The flat fee typically covers the attorney’s time and services for handling the DUI case from start to finish. The cost of a flat fee can vary depending on the complexity of the case, but it often ranges from $2,500 to $10,000 or more.

Retainer Fee: Some attorneys require a retainer fee upfront, which is an advance payment to secure their services. The retainer fee is typically based on an estimate of the work involved in the case and may be applied toward the total cost of legal representation.

Additionally, it’s important to inquire about what services are included in the fee, such as court appearances, negotiation with prosecutors, or representation at DMV hearings.

Remember, while cost is a factor to consider, it’s equally important to prioritize the experience, qualifications, and track record of the attorney. DUI cases can have significant consequences, so investing in an experienced DUI defense attorney who can effectively represent your interests and protect your rights is crucial.

DUI Lawyer Free Consultation

It’s important to get an understanding of the complexities of your case and how an experienced DUI lawyer in Orange, LA, or Riverside County can help you. If you’d like to get an understanding of your case and what options are available to you, then it would be wise to find a the best DUI defense attorney in California that offers a free consultation involving your DUI, marijuana DUI, or drug-related DUI case. Free consultations with the best DUI attorney in California are valuable because they allow you to ask questions, get an idea of costs, and possible financing.

What Questions Should I Ask a Lawyer About DUI?

It’s a valid question since a CA DUI attorney is going to guide you through a challenging court system, one that harshly reprimands people who drive under the influence of alcohol, marijuana, or other drugs. In fact, those charged with impaired driving can face a haunting criminal record—one that never goes away—even if they are first time offenders and have never had any previous trouble with the law.

In light of the gravity of a possible DUI conviction in California, it’s imperative to consider a number of factors when getting a free consultation with a SoCal DUI lawyer.

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout the court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

DUI Checkpoints, the Fourth Amendment, and the Court Cases That Changed Them

Many people are familiar with DUI checkpoints in California: the flashing lights and signs, the cones and barricades, uniformed officers with flashlights in hand. Late at night or in the early hours of the morning, law enforcement officers screen drivers to check for possible driver impairments: if a driver is suspected of being under the influence of alcohol or drugs.

Some who pass through those checkpoints are impaired—their hands shake as they hand over their identification and they feel their stomachs sink when they are asked to perform a field sobriety test or a breathalyzer.

Additionally, tow truck operators are often at DUI checkpoints, waiting for the Southern California drunk driver who will be escorted to jail and whose vehicle will be towed. EMTs are often waiting as well just in case someone has reached a dangerously high blood alcohol concentration. Unfortunately, this does happen and is a testament to the dangers of alcohol: due to alcohol consumption, the individual driving can barely walk. Alcohol’s influence on the brain impairs judgement, reduces inhibitions, distorts perceptions, and impairs attention and concentration.

A holiday like Memorial Day, the Fourth of July, or Labor Day can quickly become a nightmare if a person is arrested for driving under the influence at a Southern California DUI checkpoint.

The Controversial History of DUI Checkpoints in Southern California

The reach and power of California checkpoints themselves have been tempered by the law in a litany of court cases that have called into question everything from whether they violate the Fourth Amendment to if they are allowed to extend beyond traffic and highway safety to actually be utilized in curbing general criminal activity.

What exists now is a long history of cases on both coasts, and all the states in-between, that question the legality and constitutionality of DUI checkpoints. Scrutiny of DUI checkpoints has not waned thanks to intrepid defense attorneys who have debated their efficacy and helped rein in what was otherwise a complete and indiscriminate violation of motorists’ rights, whether they were law abiding or otherwise.

In this blog post, we’re going to briefly discuss these cases and how they have shaped California DUI checkpoints.

Brown v. Texas

This 1979 court case doesn’t directly pertain to DUI checkpoints, but it did help shape them.

In Brown v. Texas, the Supreme Court weighed the constitutionality of Texas Statute Section 38.02(a) of the Texas Penal Code, that authorized police officers to stop individuals and demand identification without reason or suspicion.

The background of the case stems from Mr. Brown being approached by police officers when he was walking down the street. When he refused to identify himself, as officers requested, he was arrested and charged in violation of that statute.

In a unanimous decision, the Supreme Court held that the statute violated the Fourth Amendment’s prohibition of unreasonable searches and seizures.

The Supreme Court emphasized in its decision that in order for an officer to stop and detain an individual, they must have a reasonable suspicion that the person is engaged in criminal activity.

Although this decision does not directly pertain to DUI checkpoints, its clear and firm principles regarding Constitutionally afforded rights have been applied to DUI cases involving sobriety checks or DUI checkpoints.

Thanks to Brown v. Texas, law enforcement officials can’t indiscriminately stop or detain a motorist. Even at California DUI checkpoints, law enforcement must have reasonable suspicion or probable cause detain or stop motorists. This means that random, warrantless stops and/or detentions of individuals Southern California drivers can’t occur – drivers can’t be detained without any specific suspicion or evidence of wrongdoing.

Aspects of the legality of an California DUI arrest now hinge on whether checkpoints comply with the guidelines established in Brown v. Texas.

This case proved instrumental in shaping the constitutionality and implementation of DUI checkpoints by establishing limitation on law enforcement authority to conduct warrantless stops.

Here are some of the most influential cases regarding DUI checkpoints in the US:

Michigan Department of State Police v. Sitz (1990):

In this landmark case, the United States Supreme Court upheld the constitutionality of DUI checkpoints. The case involved a challenge to the Michigan State Police’s sobriety checkpoint program. The Court ruled that the state’s interest in preventing drunk driving and ensuring public safety outweighed the limited intrusion on motorists’ Fourth Amendment rights against unreasonable searches and seizures.

Ingersoll v. Palmer (1987):

The California Supreme Court decision in Ingersoll v. Palmer established guidelines for the constitutionally permissible operation of DUI checkpoints in California specifically. The court held that checkpoints must adhere to specific guidelines to minimize intrusion California drivers would have to endure and to ensure effectiveness. These guidelines included factors such as proper warning, neutral location selection, reasonable time and duration, and the use of supervisory personnel. Again, drivers can’t be detained without any specific suspicion or evidence of wrongdoing.

State v. McLaughlin (1995):

The Washington Supreme Court decision in State v. McLaughlin set forth guidelines for DUI checkpoints in Washington State. Although this decision is not legally binding precedent for California DUI checkpoints, it still provides California guidelines and advice on the issue. The court ruled that for a checkpoint to be constitutional, it must be conducted pursuant to a written policy that limits the discretion of officers in the field, minimizes intrusion on motorists, and ensures the checkpoint’s primary purpose is to detect impaired drivers.

City of Indianapolis v. Edmond (2000):

In this case, the Supreme Court ruled that checkpoints conducted with the primary purpose of general crime control, rather than highway safety, were unconstitutional. The Court held that checkpoints must be designed to serve a primary purpose of highway safety, such as preventing drunk driving, rather than simply detecting general criminal activity. To simply act for the purpose of detecting general criminal activity would be far too broad, and would impinge on individuals’ rights.

State v. Ladson (2002):

The Florida Supreme Court decision in State v. Ladson invalidated the state’s sobriety checkpoint program because it lacked proper guidelines. Akin to the decision of Washington State’s State v. McLaughlin case, although State v. Ladson is not legally binding precedent for California DUI checkpoints, it still provides California guidelines and advice on the issue. The court emphasized the importance of clear written policies and guidelines to ensure that checkpoints are conducted in a constitutional manner, safeguarding against arbitrary and discriminatory enforcement.

As demonstrated in these cases, the legal landscape of DUI checkpoints is perpetually evolving thanks to court cases and legislative actions on the state and federal levels brought by experienced DUI attorneys. Cases continue to push against the legality and constitutionality of DUI checkpoints and persist in refining the powers granted to law enforcement, continually trying to curb arbitrary stops and discriminatory enforcement.

What Are California DUI Checkpoints Like?

Thanks to the legal roadmap created by decades of court cases, particularly the California Supreme Court case of Ingersoll v. Palmer, sobriety checkpoints must now function within specific parameters.

Here is an overview of how Southern California DUI Checkpoints function and when you can be detained:

Notification and location selection: Prior to the checkpoint, law enforcement agencies are required to provide advance public notice regarding the time and location of the checkpoint. This notification can be through press releases, media outlets, or signs posted near the checkpoint site. The location selection must be based on relevant factors such as DUI accident or arrest rates. This is to ensure transparency and compliance with constitutional standards.

Visible and identifiable: DUI checkpoints must be conducted in a manner that makes them readily identifiable as a law enforcement operation. Typically, they are marked with signs, cones, flashing lights, and police vehicles to ensure their visibility to motorists.

Neutral and systematic screening: The checkpoint must be conducted in a neutral and systematic manner. This means that all vehicles passing through the checkpoint should be subject to the same screening process, regardless of the occupants’ characteristics.

Minimal intrusion: The guidelines emphasize that the intrusion on motorists’ privacy must be minimal. This includes ensuring that the checkpoint stops are brief and that the law enforcement officers follow specific procedures during the screening process.

Reasonable suspicion or probable cause: Under California law, you can be detained for further investigation at a DUI checkpoint if the officers have reasonable suspicion or probable cause to believe you are under the influence of alcohol or drugs. This can include indicators such as the odor of alcohol, slurred speech, bloodshot eyes, or other signs of impairment.

It’s important to note that while you can be detained for further investigation based on reasonable suspicion or probable cause, simply passing through a DUI checkpoint does not provide law enforcement officers with sufficient grounds to detain you. The primary purpose of the checkpoint is to screen for impaired drivers, and absent any indications of impairment or other reasonable suspicion, motorists should be allowed to continue without further delay.

When do DUI Checkpoints Usually Occur in Southern California?

DUI checkpoints in Southern California can be set up at various times throughout the year. However, they tend to be more common during certain periods, such as holidays and weekends, when there is a higher likelihood of alcohol-related incidents or impaired driving.

Some of the times when DUI checkpoints are often set up in Southern California include:

Holidays: DUI checkpoints are frequently established during major holidays associated with increased alcohol consumption, such as New Year’s Eve, Fourth of July, Memorial Day, Labor Day, and Thanksgiving. These checkpoints aim to deter and identify impaired drivers during times when festivities and celebrations are more prevalent.

Weekends: Weekends, particularly Friday and Saturday nights, are times when DUI checkpoints are frequently set up. These nights tend to have higher instances of alcohol-related activities, parties, and social gatherings, making them a priority for law enforcement agencies to prevent impaired driving incidents.

Special enforcement campaigns: Law enforcement agencies may conduct DUI checkpoints as part of special enforcement campaigns focused on impaired driving prevention. These campaigns can coincide with specific periods such as “Drive Sober or Get Pulled Over” campaigns or other regional initiatives aimed at raising awareness and deterring impaired driving.

No matter where you are or the cause for celebration, it’s important to be mindful of safety and your rights when you come upon an Orange California DUI checkpoint. Remember, the current DUI checkpoint procedures—the advanced public notice, the inability for law enforcement to detain you without proper suspicion—came to fruition from court cases spanning decades. Regular people who hired experienced DUI attorneys when they saw that something was wrong with the system and saw an opportunity to at least partially fix it.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

Practical Ways to Help Someone after a DUI Arrest

People in America have been conditioned to have an automatic stress response when seeing flashing red and blue lights. It is a societal norm – a conditioned reflex so entrenched that even those who have done nothing wrong still feel their heart rates increase, their palms sweat, and the worry pervade: What if I am pulled over? What will happen?

After seeing police headlights behind them, most people second guess if they were driving under the speed limit: even if they just saw it posted, they automatically believe they are doing something wrong.

“This is easily the most common reaction. It doesn’t occur because the driver is doing something wrong; it’s an entirely different feeling than, say, seeing a cop after shoplifting,” according to Pacific Standard Magazine. “Rather, we could be doing everything completely right behind the wheel, but we’re still going to slow down to double check.”

“Most people are affected with fear, respect, and concern when they see a police car around them,” Leon James, a University of Hawaii psychologist who studies driving says.

That stress is short-lived for those who just happen to be by a police vehicle on the highway, or who are pulled over for a broken taillight or for going 5 mph over the speed limit.

But for others who fail a Driving Under the Influence (“DUI”) breathalyzer, the stress is not short lived. Instead, the stress is just beginning with a long journey ahead. The stress of court proceedings, transportation juggling, work challenges, a strain on personal relationships, financial worry, and even, for some, a nebulous path through guilt if a person was harmed by their impaired driving.

The Right Legal Representation is Just One Aspect

After being charged with a DUI, most people don’t know where to begin or which DUI law firm and attorney they should choose. And it really is an important decision. This attorney will be their confidant, guide, and their ambassador in the court system, and it is important to find an attorney with experience and who specializes in DUIs.

Finding the right Orange County, Los Angeles, or Riverside DUI lawyer is only one piece of the puzzle to help those who are charged with a California DUI or have been accused of a DUI crash or accident.

Ask any of our DUI lawyers: Anyone experiencing a DUI arrest and charges is going through one of the most challenging times of their lives.

With so many things to juggle after the DUI arrest, one vitally important practical offer is to help them research attorneys and narrow the options to a few, that way they can focus on the outcome they would like and discuss probabilities with the selected attorneys during the first meetings.

Your loved one will need specific kinds of support from their family and friends so they can successfully traverse the unique personal, professional, and financial difficulties of a California DUI.

A Unique Stressor

Studies cited in the Psychiatric Times show that the “period after recent arrest may be a particularly vulnerable time,” and there is now a working hypothesis that being arrested is a unique stressor that it contributes to suicide risk.

Stressful circumstances and the inability to properly cope may have led to a DUI arrest in the first place, so the resulting DUI cost, including a California DUI Interlock device, court fees, and the price (and time investment) of a California DUI Class can leave people feeling desperate and depressed.

Chances are, you have friends and family members who are going through this right now, or who will. Forty-three percent of Americans admit they have driven under the influence of alcohol: 56% of men versus 29% of women, according to a recent survey by Value Penguin. Another 45% of respondents said they had gotten a ride from someone who had been drinking. Forty-eight percent of respondents who admitted to drinking and driving were stopped by the police.

Have a Real Discussion

The knee-jerk response of most people is to say they are “okay” or “fine” when asked how they are doing. The act of saying “I’m fine” when we aren’t is often “a way to deny painful feelings, avoid conflicts, and pretend that we don’t have problems,” according to Psychology Today. But the problems associated with a DUI arrest aren’t going to go away until there is a legal resolution. When speaking to a loved one who has received a DUI, let them know they can be honest with you and don’t have to hold back their feelings and emotions from you. Reiterate that you want to help and are willing to go beyond just moral support (if you are).

Approach With Kindness and Zero Judgement

Many people who are dealing with a first-time DUI arrest have never been in trouble with the law before. The level and type of stress they are under is probably unprecedented, and you can almost bet that several people have offered them unsolicited advice or even harsh criticism. Those who have been arrested for DUI likely feel that they are constantly being judged. They have to tell employers, coworkers, and family members what happened, all while they are kicking themselves for getting behind the wheel when under the influence. It is doubtful that anyone can say something they haven’t already considered. As a part of human nature, DUIs, or any legal problems for that matter, typically cause significant introspection.

Now is the time to be absolutely supportive, and that means you need to listen more and speak less; let them vent without feeling the need to offer your opinion or try to fix things. Put your phone down, shut the television off, turn the stereo down and actively listen. It is such a rare gift to give someone these days, and a particularly powerful approach when someone is struggling.

Don’t forget: At the end of the day, we are all human. All of us make mistakes. There are tons of old adages about this, but the premise is the same: don’t judge.

People going through such challenging times need to feel cared for and loved without judgement, which is rare, will be a welcome reprieve from their other interactions, and can make all the difference in the world.

Support Their Lifestyle Decisions and Abstain from Drinking Around Them 

A drink is probably tempting when someone is going through legal issues that are time consuming and stressful, but in the case of drunk driving/DUI arrests, it is the worst thing for them. Chances are high they will have to attend alcohol classes, and some may have substance use disorders that they are being forced to face for the first time.

It seems logical, then, to avoid inviting them out for a drink and instead suggest coffee or a walk, which will help to reduce stress and help them process their emotions.

Their shift in lifestyle may enhance feelings of alienation, when old social routines fly out the window, and there is a logical separation from many of the people they know socially through drinking or drug use. There are several logical reasons for this: your loved one needs to focus on making better decisions and will distance themselves from people who partake in things they might find tempting. Also, there can be a natural separation because those friends are unwilling to shift their routines (meeting at happy hour and drinking, for example) to include your loved one.

We, as humans, are basically tribal social animals, explains Simon Lenton, Professor and Director of the National Drug Research Institute, Curtin University.  

“From an evolutionary perspective, early humans had to form social groups to hunt, gather food, protect each other and survive. As a result, we have evolved tendencies to support group cohesion by conforming to group norms and shunning non-conformity,” he writes. So, if we tend to associate with people who are like us and engage in similar behaviours, and we start doing things in a way that goes against the group norms, such as not drinking in a social situation, this can be a challenge to the acceptability of that behaviour in the group.”

A seismic shift in habits/behavior will challenge relationships, even ones initially perceived as strong.

People who experience a DUI arrest often suffer from depression and self-esteem/self-loathing issues in the following weeks and months. They may begin to pull away from social situations, partly due to transportation difficulties, likely not wanting to be tempted by social drinking or drugs, and also because of social isolation from dealing with the depression and guilt.

Chances are high that your friend who has experienced a DUI arrest will lose friends, and as a result will feel lonely. Show them that you value them and be willing to transcend old social patterns to help your relationship evolve, and to support them during a difficult time. In other words, be a true friend to them. Your friend needs you, so be there.

Think about Their Practical Needs

Help Them Get to Where They Need to Be

Public transit in many parts of the country is not conducive to working regular work hours or arriving at appointments on time. There is an ultimate lack of efficiency and convenience in public transit, even in many parts of California.

This forces people who are legally restricted from driving to explore ride-share apps or cabs, which when used consistently are financially prohibitive for many people. The result is that many people who have experienced a DUI arrest have to ask for rides and help from loved ones and friends. Dependability is key in these situations, because they may be counting on you to get them to court, one of their required DUI classes, or work. The loss of independence and ability to drive themselves, the loss of their freedom to that level, can have negative impacts on their mental health.

Help With Other Responsibilities

Those going through DUI arrest/charges/convictions have to invest a huge amount of time and money into classes, fines and navigating the pitfalls of a DUI arrest. Things like household chores, healthy cooking, and properly walking the dog can go by the wayside, especially if their mental health is suffering.

Offer to do specific tasks that you know will be supportive of them without being too burdensome to you. Show up, help them motivate—get them moving. It is painfully easy for people to get stuck in a rut after a DUI arrest. Be a bright light in their life and help them in little ways. The small things really do add up and equal a stronger form of support.

It is a common practice to turn away from situations that make us uncomfortable. While it is a standard defense mechanism, it also means that the person you care about—who was arrested for a DUI in California—is probably feeling hurt and alone. Imagine the stress you feel when you are pulled over for a simple traffic violation, now multiply that several times and extend that feeling for months to even begin to grasp the amount of stress your loved one is under. Be willing to take practical steps and be a guiding, supportive friend when they need it most.

Talk To A DUI Defense Attorney

Have you been charged with a DUI in Los Angeles or Southern California? An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

Windsor Hills Crash Suspect Nicole Linton Charged with Murder, Lawyers Argue She Had a Seizure

Anyone who saw the gas station surveillance video from the fiery car crash in Los Angeles, California on August 4, 2022, likely hasn’t forgotten it. But was there more than meets the eye with this crash?

On August 4, 2022, thirty-seven-year-old Nicole Linton, a traveling nurse from Texas blew through the intersection of La Brea and Slauson Avenues. Her Mercedes-Benz subsequently burst into flames, leaving active fire burning down the pavement and billowing smoke.

Six people died from the high-speed collision, including an eleven-month-old and an unborn baby. Eleven additional people were injured.

Linton survived the crash and was charged by the Los Angeles County District Attorney with six counts of murder and five counts of gross vehicular manslaughter, according to the Los Angeles Times.

She faces life in prison if convicted of all charges, according to Times reporting.

Such severe charges are typically reserved for DUI offenders who have been convicted of a DUI offense and have taken DUI education classes.

Some news outlets reported that Linton was under the influence of alcohol, hinting at a California DUI; however, Los Angeles County Dist. Atty. George Gascón said shortly after charges were made that there was no evidence of alcohol in her system.

The District Attorney’s office is building its case against Linton around her previous dangerous driving behaviors, particularly after the California Highway Patrol investigators discovered she was involved in thirteen prior crashes.

Prosecutors are citing that with her history of dangerous crashes, she should have been aware of the hazards and repercussions of reckless driving.

Linton Denied Bail

A Los Angeles judge denied a motion to let her out of the city’s Twin Towers Correctional Facility and allow her to be treated in a psychiatric hospital. She remains in custody and under a “no bail” hold.

“We are disappointed with the judge’s ruling,” her attorney Jacqueline Sparagna said at the time, according to the New York Post. “We believe that a psychiatric lock-down hospital— where Nicole would not have been able to simply walk out— is the most appropriate place for her to remain pending this case. There’s no question here that this is a mental illness-related car accident, and she should be housed at a psychiatric facility where she can receive treatment and undergo the testing necessary to determine what actually happened.”

Prosecutors said data shows Linton floored her car for at least five seconds before reaching the intersection, reaching speeds of 122-130 mph.

The Times obtained motions and attachments filed by Linton’s defense attorneys that cite a “frightening” mental health crisis in the time before the crash. The attorneys also detailed her four-year struggle with bipolar disorder and unwillingness to continue bipolar medication after an online therapist told her she simply had anxiety.

After quitting her medications cold turkey and not sleeping for days, they say, she had a deteriorating mental health crisis that resulted in the crash.

“She has no recollection of the events that led to her collision,” wrote Doctor William Winter on Aug. 6. Winter treated Linton at the Ronald Reagan UCLA Medical Center, according to The Times.

At the Crux of the Legal Argument

“Linton’s attorneys argued in their Aug. 29 bail motion the nurse lost consciousness as she drove her Mercedes into several cars, triggered by her bipolar disorder or a seizure,” according to the New York Post. “They asked that Linton be released with conditions so that she could be evaluated at the UCLA Resnick Neuropsychiatric Hospital.” 

Meanwhile, prosecutors argued a psychiatric evaluation showed no indication of a seizure and reported that the vehicle’s data and surveillance video showed that she had “complete control over steering.”

“This NASCAR-worthy performance flies in the face of the notion that she was unconscious or incapacitated,” they added in a motion.

Pushing the Defense at the Preliminary Hearing

In an atypical move, Linton’s defense attorneys are planning to call a neurologist who specializes in epilepsy and seizures at the preliminary hearing.

Sparagna, Linton’s defense attorney, noted her client’s history of mental health issues and said she has had seizures in the past. The witness, she said, is a leading expert in seizures and epilepsy.

“Everything the doctor has reviewed is consistent with her having a seizure. People who fall asleep at the wheel go limp, but if they have a seizure, everything tenses up. This is consistent with why her foot was on the pedal,” she said, according to a recent article in the New York Post.

Linton pleaded not guilty to six counts of murder and five counts of vehicular manslaughter. Her preliminary hearing is scheduled for April 17.

What do you think about Nicole Linton’s case? Leave us a comment below with your thoughts!

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

Offering Effective Emotional and Cognitive Support After a DUI Arrest

Statistically speaking, we will all know a number of people in our lifetimes who will face a DUI or DWI arrest or accident. No one wants to be the person stopped at a DUI checkpoint, asked to do a sobriety test, take a DUI breathalyzer, or receive a first-time DUI in California. While everyone knows the saying “friends don’t let friends drive drunk,” not everyone has someone around to stop them from doing so, and the lowered inhibitions produced by alcohol or marijuana can lead to buzzed driving.  “Among convicted DUI offenders arrested in 2018, 72.5% were first offenders, according to the 2021 California Department of Motor Vehicles (CA DMV) Annual Report of the California DUI Management Information System. The quest for the best Orange County DUI attorney is only part of the struggle after an OC DUI arrest. After the initial question of “I just got a DUI, what do I do?” is answered and an experienced DUI lawyer has been hired, DUI arrestees still have an abundance of other legal, practical, and financial issues left to tackle.

Studies have shown that the stress of an arrest, particularly for first-time offenders, is uniquely and powerfully disruptive to individuals’ well-being. Some people fall into depression after a DUI arrest or conviction in California. This leaves friends and family members wondering how, exactly, they can be supportive during such a trying time.

The short answer is that it is not easy. There may not always be a “right” thing to say to support your friend or family member who is struggling after being arrested for DUI.

Still, you have options to ensure you aren’t contributing to their anxiety, and ways to be a supportive part of their life’s foundation when they need it most.

There’s a learning curve and there will likely be growing pains, but even reading this and being open to learning how best to support your loved one after a DUI arrest is progress. It demonstrates caring and compassion for your loved one.

So, buckle up, and let’s embark on a journey of understanding.

Please note that these tips may also help you navigate ways to support any friends or family member who are struggling, not just those who have DUI convictions or need a DUI criminal defense attorney.

Use This as a Learning Opportunity for Yourself: How Can You Emotionally Support Your Friend?

Elise Kalokerinos, a senior lecturer in psychology and co-director of the Functions of Emotions in Everyday Life Lab at the University of Melbourne studies how people manage emotions and navigate daily life.

She notes that people have a difficult time supporting friends who are struggling, and part of that difficulty is revealed in a recent survey about methods used to manage friends’ emotions: 378 strategies were identified, with some being better than others. The good news, she reiterates, is that supportive behaviors can be learned; it’s a skill.

Kalokerinos outlines 5 actions and strategies to consider when helping friends through difficulties:

#1 Resist the Temptation to Downplay Their Problems

“Whatever your own take on your friend’s dilemma, it’s important to be responsive to their requests, and to prioritise trying to understand how they feel,” she writes in Psyche. “Some studies suggest that being supportive is helpful only when we are responsive in this way. Moreover, being responsive to other people – trying to understand them, valuing their opinions and abilities, and making them feel cared for – is a cornerstone of good relationships.”

#2 Ask Questions and Actually Listen

Kalokerinos also advises against trying to empathize too quickly and “jumping in with rapid advice”. The flaw in this is that while we believe we are intuitive and can discern how someone is feeling, studies have shown that we often miss the mark. The only thing that gets us closer to understanding is by directly asking the person how they feel. Ask how your friend is feeling, do not just assume you know based on how you would feel in a comparable situation.

Listening is also a challenge for most people. The keys to being a more effective listener are simple, she explains: First, be attentive to the person and send nonverbal signals that you are hearing them. Examples include nodding your head or making eye contact when they are speaking to you. Second, provide ‘scaffolding questions’ that help your friend elaborate on their story and their feelings. Examples include: ‘How did you feel after that?’ or ‘What happened next?’

Yet another strategy is to try active listening: paraphrase what your friend has told you in your own words. This can help them feel better, heard, and supported.

#3 Emotional Support Should Come First, Cognitive Support Should be Second

Validating your friend’s feelings is a form of emotional support that is truly valuable when they are struggling. Immediately trying to find the bright side of a situation, although you may feel that it is a comforting approach, can downplay your friend’s emotions. Instead, it is “better to validate and comfort,” as your friend talks through the situation, Kalokerinos writes. Helping someone find another perspective is a form of cognitive support that is often helpful, but only when validated by hearing and sympathizing with your friend first.

“One additional concern with cognitive support is making sure that the reframe you suggest doesn’t slip into invalidating or downplaying your friend’s feelings. The dividing line here can be difficult to navigate,” she writes. “The key is to ensure your reframe doesn’t negate your friend’s feelings that the initial situation was upsetting. Instead, focus your reframing on unexpected upsides not yet considered, or future avenues to move past the initial problem.”

#4 Don’t Take Charge of the Situation

Offering obvious and direct help/advice can contribute to your friend feeling helpless in the situation. In other words, if the advice you offer is too take-charge it may make them feel like they are incapable of handling things on their own.

“In research, people who received obvious and visible social support – rather than subtle, invisible social support – felt more stressed about an upcoming negative event,” Kalokerinos writes. A better approach is to ask your friend what they want, how they might be able to reshape the situation, and listen attentively as they discuss their options. This places you in the position of a sounding board, something everyone needs when they are going through a stressful event.

Your goal should be to facilitate your friend’s decisions, not dominate them.

#5 Don’t Vent Together

This is something to be weary of because sometimes venting about a situation with someone can spiral into negativity. In psychological lingo it’s called “co-ruminating” and can make both you and your friend feel worse in the end.

Some researchers suggest that simply knowing about co-rumination can be enough to stop it.

Kalokerinos says that simply bringing up that you are spiraling into negativity can do the trick, or even changing the subject a bit and shifting focus as a distraction can work.

“Distraction can interrupt that feeling of being stuck in a problem,” she writes, so you can opt to agree to halt the discussion for a few hours and do something that is pleasant and distracting for you both. Then you can come back to the situation once you’ve had that break.

Validating-and-reframing is an evidence-backed approach that helps stop the spiral of rumination.

It is equally important to consider a strategy of support that is appropriate to the situation. Some researchers are exploring how the most effective way of giving support may be dependent upon who, where, and when regarding the situation.

Consider the personality (and self-esteem) of the person you’re helping: People with lower levels of self-esteem are often more responsive to emotional support that validates their experiences, according to a series of studies conducted at the University of Waterloo. These studies revealed that people with lower self-esteem “benefited less from reframing and other forms of cognitive social support.”

“People with lower self-esteem found this reframing cognitive support less helpful, and the people who provided the support felt worse about the interaction, themselves and their friendships more broadly,” she writes.

These findings suggest that it is vital to carefully consider your friend’s personality and their preferences when you provide support.

Consider culture, too, when providing support:

Some families and cultures are more comfortable with more direct support, whereas others appreciate more subtle actions. According to Kalokerinos, cross-cultural studies between European, Asian and Asian American, and the Latino cultures in the US show varying levels of willingness to both ask for and to be receptive of support: bottom line, different cultures often have different dynamics.

Consider when: Online or in-person

People have grown skeptical of interactions based in the digital world, but this can still be incredibly effective, particularly with the younger generations and especially with young people who have limited support in-person.

“Indeed, studies with young adults have found that support received digitally (e.g., through messages and video calls) was just as helpful as face-to-face support,” Kalokerinos writes. If digital support is readily available, as is often the case, then it is worth using, she notes, explaining that the strategies she has shared are equally applicable in the digital world and can be helpful in supporting friends from afar.

The great news from all these recent studies that she discusses is that there is an opportunity for everyone to be a better friend and family member. Challenging times are growth opportunities for the person struggling, and for those striving to support them. So much of life is the continual process of learning; the willingness to humble yourself and discover a new and better path. EQ or emotional intelligence is really not intrinsic to people, it is learned—a skill that is cultivated with time that can help you become a tremendous asset to those you care about: a sounding board, a place of comfort, a guiding force for good in a world where everyone is struggling in some capacity.

Were you or someone you know arrested for driving under the influence in California? If so, contact our SoCal DUI lawyers for a free consultation to discuss how we can help fight DUI charges.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!