​Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500

 Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

Q: If I got a DUI in Riverside and I was looking online and there are so many lawyers.  Where can I find a quailfied lawyer to handle my case.


A:  A good place to start would be Avvo.com there you can read reviews from clients who have hired these lawyers.



Q:  I was arrested for a 3rd dui in 10 years. My first dui was in 2007, my second in 2010 (was reduced to wet and reckless) and I was arrested in June of this year. I blew a .09 and I hired an attorney. I was told to plea no contest and take the 120 days jail time which I am allowed to do awp. I have signed up and started my awp. I also have the scram bracelet. 

Is it possible to petition with the courts to get my awp days lowered? I am a single mom, and I am finding it difficult to find daycare. If I finish out 30 days on awp, will that help?  I am just looking into any options.



A:   120 days is the mandatory minimum for a third DUI within ten years. You should get half time credits on the work program, do you would have to complete a total of sixty actual days.



​Q: Can someone be convicted for DUI if they were not tested.??   Facts: Daughter just got out of hospital 5150 for 6days and doesnt remember being there.the next day she got in her car and tried to go to her dads.she hit a parked car.went to jail they didn't test her can they convict on just her saying she had taken pills the night before??Public defender said they could get a test???



A: It doesn't happen very often that there is no blood or breath test following a DUI arrest. If this is the case, I suppose the prosecution could go forward on the officer's observations of the arrestee. In cases involving drugs we often see a drug recognition evaluation by law enforcement surface in police reports. I think you'll have to wait and see what evidence of drugs and impairment shows up in the police reports.    Jury instruction 2110 describes the elements of vehicle code 23 152 a. The general term is "driving impaired to an appreciable degree". The district attorney does not need a blood test in order to satisfy the elements under this jury instruction. Good luck



Q:  How do I know if I will be charged with a dui? I was in a car accident where I drove into a tree while intoxicated. I went straight to the hospital and wasnt arrested or anything. They tested my blood at the hospital but how do i know if i got a dui or not?



A: The DA will review the evidence and make a charging decision based on the police reports for the accident and the hospital blood analysis, once that charging decision has been made the can send you a letter notifying you of a pending court date or they can file a complaint (criminal action) and get an arrest warrant. Hopefully, they will let you know before filing but that isn't always the case.



Q:  Do I need a dmv hearing if my license was not suspended? I was arrested for a dui and I just read that I had to set up a hearing from the DMV within ten days of my arrest and I did without knowing why. the officer didn't give me a form saying my license isn't suspended or anything.



A:  If you didn't receive the pink notice of suspension form AND you KNOW your blood alcohol concentration is below the legal limit for your age then you shouldn't worry about getting the hearing. However, if you are unsure about the alcohol concentration you may still request a hearing, the DMV won't go forward if the evidence doesn't come back above the legal limit for your age.



Q:  What will most likely happen to my case?  The cop pulled me over because he said I was swerving. I was supposed to make a right but the gps rerouted and I just went straight instead (I didnt switch lanes). Thereafter the cop asked if I had been drinking and he asked me to go down and take BAC which resulted at .078 I informed him that I only had a bottlw of beer. He then again took another BAC and it went down to .074 they also did the finger test and said there was no impairment. The other cop then asked if there was alcohol in my car and I said "there shouldn't be" but later found two bottles of vodka as they searched my car when they asked my friends to go down. I then did the field sobriety test and the cop said in his opinion I am impaired note that I asked for my jacket but he said he''ll finish the FST first. They then cuffed me and took me to the station and did another BAC and results are .07 and .06 they detained me for a bit and thereafter took my fingerprints and then gave back my license and provided me a blue slip. The cop said I just need to go to court and my case will be 100% dismissed. I wonder if this is true.


A:  NEVER take legal advice from a cop. I'm not at all convinced this case will be 100% dismissed. Be sure to appear on your court date. Best to consult with a local criminal defense attorney before then as well. You dodged a bullet with the DMV, but it's certainly not over.