Hiring a DUI Lawyer in California
What a first DUI can cost in California, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in California: fee rules
| Rules on contingency fees | California's Rule 1.5 bars unconscionable or illegal fees and lists factors for judging a fee, including whether it is fixed or contingent and whether the client gave informed consent. Under Rule 1.5(c), a lawyer may not charge any fee in a family law matter that is contingent on securing a dissolution or nullity of marriage or on the amount of spousal or child support or a property settlement, and may not charge a contingent fee to represent a criminal defendant. Chapter 1 PDF: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct-1.pdf |
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| If you disagree with a lawyer's bill | California's Mandatory Fee Arbitration program lets clients dispute an attorney's bill; if the client requests arbitration through the program, the attorney must participate. Most fee arbitrations are run by local county bar association programs where most of the legal services were provided; if there is no local program, the State Bar may provide arbitration. Mediation is also available and is voluntary for both sides. A filing fee applies. Clients do not need a lawyer. State Bar program phone: 415-538-2020. |
| If a lawyer takes your money | The State Bar's Client Security Fund, funded by California lawyers, can reimburse people who lost money or property because a California lawyer committed theft or dishonest conduct. Reimbursement is discretionary and can be up to $100,000 per claim, depending on when the loss occurred. Negligence, malpractice and incompetence, interest, expenses and consequential damages are not covered, and you must be able to prove the lawyer received your money or property. Filing is free and no lawyer is required; filing does not stop statutes of limitations on other remedies. |
California rules to know first
| First-offense DUI penalties | At arrest, a driver 21 or older with a BAC of 0.08% or more receives a 4-month administrative suspension (starting 30 days after the order). After a first non-injury DUI conviction, the DMV suspends the license for 6 or 10 months (10 months may apply if BAC was over 0.20%), and the driver must complete a DUI program and file an SR-22 for 3 years. A court may order an ignition interlock device; if it does not, the driver can choose an interlock-restricted license or a work/DUI-program restricted license. Court jail and fine ranges for a first DUI (Vehicle Code § 23536) were not confirmed from an official page read for this record. |
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| Refusing a breath test | Driving in California means consenting to a breath, blood or (in some cases) urine test if arrested for DUI. Refusing or failing to complete the test brings a one-year suspension for a first offense, a two-year revocation for a second within 10 years, and a three-year revocation for a third or later within 10 years. The same periods apply to drivers under 21 who refuse a preliminary or chemical test. |
| Hardship license | After a first DUI arrest, a driver can apply for an ignition-interlock restricted license right away, or, after serving 30 days of the 4-month suspension, a license limited to driving to, from and during work and to the DUI program; both require DUI program enrollment, an SR-22 and a $125 fee. After a first DUI conviction without a court-ordered interlock, similar interlock or work/DUI-program restrictions are available (the work restriction lasts 12 months). A restricted license request cannot be decided at the DMV hearing. |
Find and check a lawyer
| Lawyer referral service | The State Bar of California does not run its own referral service ("the State Bar is not a Lawyer Referral Service"); it certifies lawyer referral services that meet standards approved by the California Supreme Court. A certified service can help you decide whether you need a lawyer and, where available, refer you to a local lawyer in good standing with professional liability insurance who handles your type of problem; you do not have to hire that lawyer. "Lawyers referred to you will offer you an initial consultation for a reduced fee or no fee." Find a certified service with the State Bar's online directory by county, area of law and language. The California Courts self-help guide says referral services typically list lawyers who meet for 30 minutes for a small fee (around $40). Courts self-help guide: https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help |
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| Check that the lawyer is licensed | The State Bar of California's "Check Attorney Profile" licensee search is the official tool for looking up California attorneys. |
| Check discipline history or file a complaint | Complaints about attorney misconduct are filed with the State Bar of California through its online complaint application; the bar's Public Trust Liaison Office helps members of the public with questions. Fee disagreements follow a separate fee dispute process. The State Bar also publishes recent disciplinary actions. Recent disciplinary actions: https://www.calbar.ca.gov/public/concerns-about-attorney/recent-disciplinary-actions ; Public Trust Liaison Office: https://www.calbar.ca.gov/public/concerns-about-attorney/public-trust-liaison-office |
Free legal help
| Free legal aid | All California superior courts have free legal self-help programs, where staff give legal information and help with forms but cannot represent you. For non-criminal cases, legal services programs give free or low-cost help depending on your income and type of problem; use LawHelpCalifornia.org to find local legal aid offices. LSC-funded legal aid organizations in California include Bay Area Legal Aid, California Indian Legal Services, California Rural Legal Assistance, Central California Legal Services, Greater Bakersfield Legal Assistance, Inland Counties Legal Services, Legal Aid Foundation of Los Angeles, Community Legal Aid SoCal, Legal Aid Society of San Diego, Legal Services of Northern California and Neighborhood Legal Services of Los Angeles County. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in California · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.