Anthony Lowenstein, California DUI Attorney (Interview Transcript Part 2):

 

Rich Jacobs of myDUIattorney.org sits down with Anthony Lowenstein, a criminal and DUI attorney servicing Marin County and the San Francisco North Bay area. This is a must-read for anyone facing a DUI charge in the Bay Area.

 

RJ: What made you choose to handle DUI cases and why do you practice this area of law?

AL: Well, I find it rewarding helping others who get themselves into this situation. Most people really do require the help of a lawyer to get the best resolution out of this terrible circumstance that has befallen them and I really enjoy helping others through it.

 

RJ: How many cases have you handled and in what time period?

 

AL: I’ve been doing DUI practice for a little over 15 years now and have handled at least a couple of hundred cases at this point, so quite experienced.

 

RJ: And what would you say is the typical DUI offender’s circumstance, are they a first time offender? Repeat offender? Are there more men than women?

 

AL: You know there is no “typical” DUI client. One thing about DUI cases is that it’s a total equal opportunity employer. It affects everyone from young students to elderly people, poor working men to rich CEOs, and everyone in between. So there really is no typical DUI client. That being said, there is a certain small percentage of people who have alcohol problems, and I deal with them, and they are about 10%, but 90% of the people are those that just got unlucky, or exercised bad judgment on one particular night, on one particular time, and are otherwise very good, law-abiding citizens.

 

RJ: Out of the clients you have, are a lot of them very close to that .08 limit, or are a lot of them higher than that?

 

AL: Actually only a small percentage of them are right at the limit, a great many of them are significantly above the legal limit, so I would say a little over half are way above the legal limit, and then you have a good percentage that are close as well.

 

RJ: Does that say anything to you about the limit in terms of it being too low or just right?

 

AL: The limit’s probably just right. I have a breathalyzer that I often show clients to give them an idea about what constitutes being excessively drunk and impaired to drive, and the limit’s set at a point where a person probably shouldn’t be in a car.

 

RJ: Of the cases you’ve had, what percentage have gone to trial versus settled out of court?

 

AL: The vast majority of cases, 95%, settle and don’t go to trial. Only a very small percentage of cases go to trial. However, most aggressive lawyers like myself treat every case as if it’s going to go to trial in terms of a very aggressive, strong defense, because doing so, allows it to settle for a better resolution for the client.

 

RJ: What’s unique about the DUI laws in your county and the areas that you service?

 

AL: Well I practice in the Bay Area and the surrounding counties in California, which have fairly strict DUI laws and a very regimented DUI system and I try to make my clients receive less of a license suspension then the laws in this state and the typical surrounding counties provide for. Every state is different but in California the legal limit is .08 and there’s a certain prescribed amount of jail time and license suspension that every county seeks in the prosecution, so that’s more specific about California law

 

RJ: So what’s your best tip for when someone’s been drinking and have been pulled over, and the police are about to walk up to the car?

 

AL: The best thing is to be cooperative, and to speak and volunteer information as little as possible.

 

RJ: Is that because the police are not your friend and the more you tell them, the more it’s going to hurt you?

 

AL: Exactly.

 

RJ: So what kinds of help can your firm provide to people who have been arrested for DUI?

 

AL: The best benefits that I as a lawyer can offer to my clients is to reduce, or actually eliminate, or greatly reduce the amount of license suspension time. Typically, the DMV can request as much as four month’s suspension time, and I can reduce or eliminate that completely as well as reduce or eliminate jail time from as much as 2-10 days to as little as one day’s community service.

 

RJ: And what kind of success have you had in getting this kind of stuff done with your cases?

 

AL: Great success. I find that generally as long as you’re willing to put in the work and address the framework of it I get success in almost every case.

 

RJ: Is it wise to take a DUI case to trial or is it better to settle beforehand?

 

AL: As stated, the only time you would take a case to trial is if there’s an absolute lack of proof beyond a reasonable doubt that the person is guilty of DUI, or it has some terrible, collateral consequences, such as a person losing a job or a qualification. Otherwise, I simply approach each case as if it’s going to go to trial, and in so doing, as long as you are able to acquire a much more favorable resolution that’s acceptable to the client, then you have accomplished the best you can do and at that point it’s wiser to settle.

 

RJ: What have you learnt about people’s behavior and their whole reaction to the DUI process?

 

AL: Well, understandably, most people are quite indignant after being arrested for DUI, because many of them have no prior exposure to the criminal justice system and are a little bit shocked that suddenly their conduct has become criminalized and they’ve been treated as such. Moreover, people are very, very intimidated by the legal process and the possibility of a criminal record and conviction. However, what immediately affects and shocks most people is simply the driver’s license suspension, because in most parts of California, driving is a required part of life in order to work and to run your personal life, so most people fear driver’s license suspension greatly. So that’s the reaction that most people have. And that’s one of things again that a lawyer can help do is help dispel the mystery and the confusion of the DUI process and to seamlessly streamline it for the client to get their license back, get their record back, and get their life back on track as quickly and as effectively as possible.

 

RJ: Do you feel personally that DUI punishments are too harsh, or too lax, and why do you feel like that?

 

AL: I think that the DUI regimen is understandable in California because there is a tremendous amount of alcohol-related traffic accidents in the United States, in fact more people die in the United States in alcohol-related traffic accidents than in both wars in Iraq and Afghanistan combined annually, so it’s understandable why the laws are so strict against DUI. At the same time, one thing that I strive for and respect in California laws is that they are more based to educate and rehabilitate people, to make them into more responsible, safe, sober drivers, as opposed to just punish them. And I think that that rehabilitative, educational part of the laws is the most helpful part.

 

RJ: So what do you see as the future of DUI law in California?

 

AL: I see that. The idea of educating and rehabilitating people, so spending less focus on punishing them and more emphasis on simply educating and rehabilitating them and getting them back on track as safe drivers. And any lawyers that can help do that, minimizing the impact to clients, will be helpful in that process.

 

RJ: What would be the ballpark cost to have a DUI attorney assist you, from start to finish?

 

AL: My law office and most in the area typically charge around $5000 as a flat fee for complete representation both in the courts as well as with regard to the DMV so the case is completely resolved.

 

RJ: What makes your firm unique in providing DUI defense and what personal statement do you want to make to all those potential clients reading this?

 

AL: Well as an extremely experienced and seasoned defense attorney in criminal defense and in particular within the specialty of DUI I think that I can offer clients the benefit of my experience and my influence on the system to make sure that their case is handled as aggressively as possible and to the extent that where there are valid defenses those are asserted for them, and to the extent that there’s not that their case is resolved with the least possible penalties in the shortest period of time, making it simple, easy and sure safe for them. That’s the best thing that a law office can do and something I can do for my clients extremely well and I have very many grateful clients, who go on to never have a DUI or brush with the law again. I think that that is the best thing that a lawyer can do for his clients.

 

To hire Anthony Lowenstein, visit www.lowensteinlaw.com, or call 415.492.2888.

 

Watch Anthony Lowenstein's Interview HERE >>