Very often, when a new DUI client sits across the desk from me, one of the first things they want to me to know is how much the DUI charge is out of character for him or her. Chances are, if you're facing a DUI charge, and even if you've had one (or even more than one) in the past, you feel that this situation is not representative of who you are as a person. It is not unusual for a new client to somewhat sheepishly begin by saying something to me like, "I'm sure you hear this all the time," or "I know it probably doesn't matter, but...". While the reality is that I do "hear this all the time," it is also true that who you are as a person does matter, as does the fact that a DUI charge presents a distorted impression of your true character.
I can attribute some of this to the type of clients that I serve. Beyond all the hype about experience and qualifications, if you take the time to read even a little of my voluminous writings about DUI, you should (or at least I hope you do) glean that I'm a pretty nice guy. For better or worse, I suffer from "nice guy" disease. I have a conscience (it tends to just cost me aggravation, time and money), and I live by the rule that you should treat others as you wish to be treated. I'm the kind of guy that gets roped into doing things like inconvenient favors that eat up time I don't have, and I chalk that up to the cost of being a friend. Being the proverbial "nice guy" also means that I'm forever stuck in the "do the right thing" mode, which means that I will leave no stone unturned in trying to make everything better for my clients.
Fortunately, the karma payback for this is that I have a client base that is mostly made up of really nice people, as well. My clients are people with good jobs and who worry about the implications a DUI; these people have lots of questions and concerns, and are looking for a comfortable, conversational environment in which to find answers. I'm pretty much the guy for that, and I tend to be found by people who likewise have that kind of kinder, gentler and talkative soul. So how does any of that matter in a DUI?
About the first thing you figure out in a DUI situation is that being a good person is far from enough to get you out of it. If you're you're lucky, you'll get a nice police officer who might even acknowledge your cooperation. That's great, but it sure would be a lot better if he or she just made you get a ride home, right? That, however, never happens. Amongst all the political correctness and concern about safe driving, DUI cases are also a prime source of revenue for police departments and municipalities. One of the more frequent questions I get is whether or not it matters if a person has never been in trouble before. Rest assured, stuff like that does matter, but not enough to make a DUI just "go away". Yet we can still use all of your achievements and good qualities, called "social capital," to your advantage (while also understanding that the court system wants a piece of your financial capital). Let's look at how this works...