Monterey & Salinas Dui Attorney Guide To Surviving Your Dui

Monterey & Salinas DUI Attorneyʼs Consumer Guide
to Surviving A DUI With Or Without A DUI Defense
Attorney (This Guide was Made For Those Arrested
for DUI in Monterey County) Part One – Draft 1
Part 1 of a 3 part series (for publication in Spring 2010).
By Matthew Williamson, Monterey DUI Lawyer
The purpose of this guide is 3 fold (youʼll notice I love 3ʼs):
First: Help you through a DUI arrest in Monterey County
(including DUIs in Monterey, Salinas, Marina, Seaside,
Pacific Grove, Fort Ord, etc) by giving you good, practical
information.
Second – Give you a background of when it is important to
get a dui attorney and when you may not really benefit from
one (I personally turn away more cases then I take because
itʼs not always beneficial to hire one)
Third – Give you some practical tips and along the way for
your DUI arrest from someone that has been helping people
for over a decade.
Let me be upfront with you, I do NOT normally advise
anyone to go to court without an attorney – but I do
understand the current state of the economy, and the
misleading marketing by other lawyers, hence the creation of
this guide. You can divide a DUI case into 3 distinct phases:
1) Phase 1 – After Arrest, Before First Court
Appearance (usually in Salinas or Sometimes King
City) – If it is a Misdemeanor, court is usually at 8:15
a.m. Plan on arriving at least 15 minutes early to find
parking.
Disclaimer: Not a substitute for a good dui attorney’s specific advice to your case. For
Advice (831) 657-0100 © 2010 Monterey Salinas DUI Attorney Guide to Surviving
Your DUI

2) Phase 2 – After First Court Appearance and Until the
DMV and Court Case are Decided (over)
3) Phase 3 – After the Court Case and DMV Case
Decided

Each phase requires different tactics depending on the
outcome you are looking for (Iʼll address each phase after
the common goals of my clients).
Iʼve found after representing and advising literally 1000ʼs of
DUI arrestees in Monterey, Salinas, Marina, Carmel,
Seaside, King City, etc. (basically all of Monterey County)
that most people are looking for one of several outcomes.
1. Most are wanting to mitigate the damage – they know
they were probably over the limit, want to take
responsibility, but want to lesson the negative impact
(save on insurance, avoid jail, save money etc.)
2. Some want/need to get off completely (doesnʼt matter if
they are innocent or not, they just want or need to be
found not guilty) – examples would be a truck driver (1st
offense they lose their California Class A completely for
1 year, and on a 2nd offense they lose it forever – even
if they were in their own personal car at the time
3. Some want to plead guilty and get this behind them as
soon as possible.
4. Some have outcomes/goals that are very specific to
their situation - avoid the driving suspension time to
take their kids to school, medical appointments, etc.
Phase 1:
What do you do? VERY first thing you do is request a
DMV hearing, preferably AFTER talking to a qualified
Your DUI

attorney – key word is qualified – NOT a sales pitch
attorney (see my other document on getting the best
DUI lawyer in Monterey or Salinas – picking the right
DUI defense attorney is almost as important as the
facts to your case…but I digress). Be very careful who
you talk with – there are even local attorneys that list
themselves as “Expert” attorneys, although they have
very few jury trials and may not have even won a single
one of those – please watch out – some newer
attorneys look very experienced because of their age,
when in fact, they are relatively new at practicing (this is
their 2nd career or it took the literally years to pass the
bar – ask them when they graduated from law school
and when they finally practiced the bar).
BIG NOTICE: You normally only have 10 CALENDAR
days from the date of the arrest to request your hearing
(as described below) – or you will most likely lose your
right to drive, EVEN if you have a great DUI case.
PRACTICAL POINTER: If you know you are going to
plead guilty, going to go with the public defender, or
represent yourself – I do NOT recommend requesting a
hearing. WHY? Only a small % of those representing
themselves actually win their DMV hearing (last stats I
read stated is was around 4%). If youʼre going to the
public defender they do not handle the DMV case
because it is considered Civil and not criminal in nature
and therefore you are not entitled to a court appointed
attorney. If you are going to just plead guilty, the guilty
plea usually causes an automatic loss with the DMV
case.
HOW TO REQUEST YOUR HEARING

Your DUI

What I normally have my clients do (if I donʼt do it for them),
is request a DMV hearing by calling the San Jose #, NOT the
number on the form given in Sacramento (the # on the form
given is one of the many DMV traps). The # for cases in
Monterey and Santa Cruz County is currently (408) 229-
7100 – NOT the 916 area code # on your temporary license.
When you call:
1. Get the name of the person you talked with
2. Request an in-person hearing, in Seaside
preferably (currently – this is subject to
change) – do NOT let them talk you into a
telephone hearing…why?...because itʼs
easier for them to say no to you on the
phone, then it is in person. Also, if you need
to question a police officer, itʼs easier to judge
their truthfulness in person then for them to
reading hidden notes on the other side of a
phone.
3. Request a copy of “discovery” – this is the
evidence they plan to use against you (you
want this in advance to help present the best
defense to keeping your license)
4. Request a stay of execution (I know this
sounds terrible, like someone is going to be
shot) – this is so you can continue to drive
(assuming you were legally able to drive
before you were arrested) until the outcome
of the court or DMV case.

Your DUI

5. Finally, write down the date and the time you
talked with the DMV – just in case they deny
it in the future, you can show your phone bill.
NEXT STEP
The next step is deciding if you want a private attorney to go
with or for you to court (yes, they can appear on your behalf
and you donʼt have to go to court in many cases).
My advice (but remember, I am an attorney….but I donʼt take
a lot of cases anymore) is that it is usually a good idea to at
least consult with an attorney (see my Consumer Guide…
“How To Choose A DUI Lawyer in California”…Including The
7 Dirty Secrets of DUI Attorney Advertising They Donʼt Want
You To Know)
WHEN YOU MAY NOT WANT TO HIRE AN
ATTORNEY
Here is when you may not want an attorney:
If all the following are true, then you may not want an
attorney:
1. This is your first offense for DUI.
2. No accident was involved.
3. No other charges were brought.
4. You can you go without any driving at all (not even
a restricted license) for approximately 6 weeks (I
know it says 4, but on a practical level it takes a
few weeks for paperwork much of the time).
5. Your alcohol level is under .15.
6. You are not on probation for anything else.

Your DUI

7. You know you were under the influence or at least
.08 or more (assuming you were 21 or over at the
time)
8. You donʼt mind appearing in front of the judge.
9. A DUI on your record is not going to cause you a
lot of problems in your career, or with any license
you might have.
If all of the above are true, then you may want to just
have your case reviewed by an attorney, but not
necessarily hire them, unless they can show true value.
WHEN TO HIRE A MONTEREY DUI ATTORNEY
If any of the below are true – then get an attorney and
make it a good one:
1. Itʼs a multiple offense (especially a 3rd offense or
greater – a third offense is a minimum of 120 days
in jail and usually significantly more) – a good
attorney may be able to help you avoid actual jail
time.
2. An accident was involved – especially if someone
was injured (if injury involved, itʼs very common for
the case to be charged as a felony) – even if you
are guilty; many times a good attorney is the
difference between a felony (and possible prison)
on your record and a misdemeanor (and avoiding
prison).
3. You alcohol level was .15 or great and
ESPECIALLY if it were .20 or greater (this can lead
to longer and therefore more expensive DUI
classes).
4. Other charges were brought (child endangerment,
resisting arrest, etc.)
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5. You have a career, or license, that will be
negatively impacted (Doctor, Nurse, Teacher, Pilot,
etc.) – careers can be lost or protected with the
choice of attorney

THE RULE FOR DECIDING TO GO WITH AN
ATTORNEY
Mattʼs Golden Rule of Choosing an Attorney: Will the
attorney provide you the benefits you need at the price
that is appropriate for your situation. In other words –
what is the cost-benefit analysis.
BEHIND THE SCENES SECRET (See my Consumer
Guide… “How To Choose A DUI Lawyer in
California”…Including The 7 Dirty Secrets of DUI
Attorney Advertising They Donʼt Want You To Know*) If
the attorney advertises price in a direct mail piece
(direct mail itself is not bad), donʼt go with them.
Other Phase 1 Considerations
1. Consider whether you need to take pictures / video of
where you were followed by the police (if that
occurred), and driving before the scene changes
(construction, weather, pruning of trees, etc.)
2. Consider whether there is a benefit in starting the
DUI class early – and if so, which one should you
take?
3. Insurance planning – believe it or not, there are ways
to attempt to save on insurance, but they need to be
planned for.
4. If needed, pre-court sentencing planning to avoid jail
– jail alternatives – treatment programs, etc.
Your DUI

a. Itʼs important these be planned correctly so they
can be counted towards any jail time
5. Especially in a multiple offense, planning for the first
day in court – this can make a major difference (Iʼve
seen someone that should have gotten at least 120
days, get 5 with the right planning).
6. Finding out who your judge is and whether you
should file a motion to get rid of the judge before the
time expires for doing do (in the past this has been
the difference between doing a few hours of
community service type work and doing weeks in
actual jail).
7. Gathering evidence for the DMV case if it is going to
occur before the court case
MYTH #1:
I didnʼt have alcohol, so I canʼt be convicted of a DUI,
because I wasnʼt Drunk Driving in Monterey.
FACT: DUI stands for Driving Under the Influence (it
can be influence of prescription medications, illegal
drugs, pot, etc. – not just alcohol)
SUMMARY (of Part 1)
In phase #1
1. Request a DMV hearing (either yourself or through
an attorney) – if you need to keep your protect
your right to drive (see how to do so above) OR if
you have a bad case and need a chance to lock
the officer into his/her story before they have time
to discuss it with the governmentʼs lawyer and
possibly change it

Your DUI

2. Decide if there is any benefit to hiring an attorney
(i.e. you need to avoid jail, save money, time, or
your license)

3. Decide what things are needed to be done before
your first appearance (use the 7 point checklist
started above for brainstorming.

If you have any questions and are thinking you might need
an attorney, feel free to contact me at my office at (831) 657-
0100. Remember, I may not take your case, but I can
probably lead you in the right direction.
In Part Two:
I canʼt address every situation, but Iʼm going to talk
about several common issues:
Jail – Whether you are in danger or not of going to jail
depends on several factors. They biggest three are a)
is this a first offense or a multiple offense, b) was an
accident involved, c) are any other charges being
brought.
Fighting the Case:
Negotiating the Case:
What to considering when representing yourself in a
plea deal.
and more…

Your DUI

*IF YOU THINK YOU MIGHT NEED AN ATTORNEY,
PLEASE LOOK FOR MY Consumer Guide… “How To
Choose A DUI Lawyer in California”…Including The 7 Dirty
Secrets of DUI Attorney Advertising They Donʼt Want You To
Know – See my website www.MontereyDUI.com for a copy.
BIOGRAPHY
Matthew Williamson did his
undergraduate work at
California State University
Chico where he graduated with
honors from the pre-law
program. He then enrolled in
law school, graduated in 1996,
immediately took and passed
the California Bar Exam, and
opened his practice in
Monterey December 1, 1996.
He has practiced DUI Law in Monterey County since 1997.
Heʼs been a paid presenter on DUI defense and has put on
several elite seminars relating to DUI defense, along with
producing and publishing several DUI defense informational
audio CDʼs and DVDs. He has advised 1000ʼs of people
arrested for DUIʼs in both Monterey and Santa Cruz County
– including taking numerous cases through jury, as well as
court trial. He runs his practice on a personally developed
and tested Outcome Focused Defense System, which he
has taught and continues to teach to attorneys throughout
California. He is not only trained & certified to give Field
Sobriety Tests, but certified to teach otherʼs to give them
(less than ½ of 1% of DUI attorneys in California have this
certification). Although he no longer does exclusively DUIs –
he limits his practice to 3 main areas of the law and takes on
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a limited # of cases (less than 5 personal DUI cases a
month) using his Outcome Focused Defense System. If you
are interested in his services you may contact him at (831)
657-0100.

Your DUI

Monterey & Salinas Dui Attorney Guide To Surviving Your Dui

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Monterey & Salinas Dui Attorney Guide To Surviving Your Dui