Napa County Courthouse

Top Ten Questions > From Everyone

3. Will it help that I've never been arrested?

Sort of. The best Napa DUI lawyers will explain to you that your lack of a prior Napa County criminal record is usually not a sole basis to dismiss a current DUI case in Napa County, or even to get a better plea deal.

fingerprintsBut of course, it is far better to have an absolutely clean record, because those people with a prior criminal record, especially those with prior DUI convictions, are typically exposed to substantially or exponentially increased penalties with a new DUI arrest (like steep jail sentences often with no jail alternatives offered, much longer license suspensions, much longer DUI classes, and longer probation and breathalyzer periods), depending on the number, nature, and recency of their prior convictions, whereas someone with no prior arrests and no aggravating factors would be facing the very least possible consequences.

In rare cases, where the Napa District Attorney's office is wavering on a dismissal or an especially terrific plea deal, a defendant's clean prior criminal record, perhaps coupled with extraordinary hardship if convicted, and significant community or charitable history, etc, timely and properly presented by a defense attorney may encourage a more desirable result.

Napa DUI attorneys know that the most helpful non-legal factors in obtaining a better resolution of a Napa County DUI case in court tend to be good driving before you were stopped, very low alcohol test results, and cooperation with the police. But the best way to reduce or dismiss charges is for a good Napa DUI defense lawyer to argue legal weaknesses in the District Attorney's case against you. For examples of legitimate legal weaknesses which may be argued, click on our Napa County DUI Lawyer Ten Tips for Fighting a DUI Arrest. Consult with a Napa County DUI attorney about your specific case.


Any result portrayed was dependent on the facts of that case, and the results will differ if based on different facts.

Our DUI Lawyers

Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, Wine Country resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.



Phone Hours: 6am - 6pm Everyday

Fax Only: (707) 540-6056

Dave Jake Schwartz, PC

California State Bar No. 138607

Wilber Law Offices

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Dave Jake Schwartz