My answer is usually the same.
Maybe.
I know that is probably not the answer you want to hear, but it is the honest answer.
One of the most common calls I get goes something like this:
“Hieu, I got arrested for DUI.”
“I only had one beer.”
“The blood results are not back yet.”
“I called around and everybody wants $4,000 to $5,000.”
At that point, I usually stop the conversation and ask a simple question:
What problem are we trying to solve?
The reality is that nobody knows whether you even have a DUI case yet.
If the officer took blood, the lab results are often not available for several weeks. Until those results come back, nobody knows whether your blood alcohol level is a .02, a .05, a .09, or something much higher.
That distinction matters.
A lot.
It’s always best to wait until you get your blood results before making any type of decisions. You can go to the Orange County Crime Lab website with your blood receipt and punch in the information to get your results. After this, you can decide whether or not you need an attorney for your DUI case. The last position you want to be in is to spend 3500 to 5000 dollars on a service you do not need.
Sometimes the Best Advice Is to Wait
I know this may sound strange coming from a DUI attorney, but there are situations where I tell people not to hire me.
Why?
Because I do not believe people should spend thousands of dollars solving a problem that may not even exist.
Let’s say your blood alcohol result comes back at a .02 or .03.
In approximately 15 years of practicing criminal defense, I have never seen a standard DUI case move forward on a .03 blood alcohol level.
If there was no accident, no DUI probation, and no unusual circumstances, there is a good chance the case will be rejected.
That rejection is going to happen whether you hired me or not.
The last thing I want is for someone to spend $5,000 on legal fees only to discover they never really needed a lawyer in the first place.
When the Blood Results Change the Conversation
On the other hand, if the blood test comes back at a .09, now we have a different conversation.
At that point there is an actual DUI case that needs attention.
Now we need to look at the stop.
We need to look at the investigation.
We need to look at the blood testing process.
We need to evaluate defenses.
That is where an attorney can potentially make a difference.
The same thing applies if the result comes back at a .18 or higher.
At that point we are talking about damage control, protecting your driver’s license, minimizing consequences, and putting together the best strategy available.
Those are situations where legal representation often has real value.
What Can a Lawyer Actually Do Before the Blood Results Come Back?
This is another area where people get confused.
Hiring an attorney does not make the laboratory work faster.
It does not force the district attorney to make a filing decision sooner.
It does not magically make the blood results appear.
What an attorney can do is protect your position while you wait.
Depending on the case, that may include:
- Requesting the DMV hearing
- Preserving evidence
- Requesting a blood split
- Sending the blood sample to an independent laboratory
- Looking for contamination, fermentation, or testing issues
Those things can be important.
But none of them change the fact that everyone is still waiting on the same blood test result.
The Mistake I See More Than Anything Else
The biggest mistake is not waiting.
The biggest mistake is missing the DMV deadline.
After a DUI arrest, most people focus entirely on the criminal case.
Meanwhile, the DMV clock is running.
You generally have 10 days to request a DMV hearing.
That deadline is often more important than whatever decision you make about hiring an attorney during the first week.
I cannot tell you how many people have called me after missing the DMV deadline because they were sitting around waiting for blood results.
Do not make that mistake.
Request the hearing.
Protect your license.
Then let the facts develop.
Be Careful When Shopping for a DUI Attorney
Not all advice is good advice.
If someone guarantees a dismissal, that is a red flag.
Nobody can honestly promise a dismissal before reviewing the evidence.
If someone tells you the case will get dismissed because the officer might not show up, that is another red flag.
That is not how criminal court works.
There is a prosecutor on the other side.
Continuances happen all the time.
If someone immediately starts talking about maximum jail time and worst-case scenarios before learning anything about your case, that is usually another red flag.
Fear is a powerful sales tool.
Unfortunately, some people use it.
I prefer facts.
What Should You Do Right Now?
If you are waiting for blood test results:
Request the DMV hearing.
Keep all your paperwork.
Save your temporary license.
Write down what happened while your memory is fresh.
Stay on top of your court date.
Most importantly, do not panic.
Being arrested does not automatically mean you are guilty.
Police officers make mistakes.
People get arrested below .08 all the time.
Cases get rejected.
Every situation is different.
My General Rule
The question is not whether you should hire a DUI lawyer before your blood results come back.
The question is whether there is actually a problem that needs solving yet.
Sometimes the answer is yes.
Sometimes the answer is no.
If your blood result comes back at a .02 or .03, there is a good chance you may have spent thousands of dollars unnecessarily.
If it comes back above .08, then it may be time to seriously discuss your options.
Until then, focus on the things that matter.
Protect your DMV rights.
Pay attention to the deadlines.
Wait for the facts.
Then make your decision.
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