San Diego Criminal Defense & DUI Attorney Benjamin Theule

The criminal justice system is complex and intimidating.                                                I’m here to guide you through it every step of the way.


When you’ve been accused of a crime, it can be a very confusing, stressful, and overwhelming time for you.

After an arrest, most people feel like their lives are closing in on them.  Some people become so overwhelmed with anxiety that they suddenly believe all of their long term goals are out of reach.  Much of the time, this stress is amplified by the mystery of the criminal justice system and not understanding the potential value of a well thought-out defense strategy. 

I’ve spent nearly a decade working in criminal courts and I have a proven track record of obtaining excellent results for my clients.

Here a few of the reasons why my clients hire me as their attorney when facing criminal charges.

Former prosecutor fighting for you.

In order to obtain the best results, your defense lawyer needs to understand how the prosecution will approach your case so you can take advantage of the most effective litigation strategy.

Before becoming a criminal defense attorney, I was employed by three different prosecutorial agencies in Southern California, most recently as a deputy district attorney in Imperial County. During my time as a prosecutor, I was responsible for litigating a wide variety of misdemeanor and felony cases.  This means I am familiar with the options available to prosecutors, the elements of your case that we need to emphasize, and how to utilize the facts and issues in your case in order to obtain the best possible result.

During my years as a prosecutor, I developed an insider’s knowledge of the most effective litigation strategies and courtroom tactics, which has made me highly effective in plea negotiations and persuasive in front of juries at trial—experience I now utilize on your behalf.


I know San Diego and the local criminal justice system.

Connections within the San Diego legal community and familiarity with judges and the local criminal justice system are critical in obtaining excellent results.  

I have worked hard to develop strong working relationships with prosecutors at the San Diego City Attorney’s Office and the San Diego District Attorney’s office. I've also earned a reputation with local judges as an attorney who works diligently and passionately to protect clients' interests.

Over the years, I have obtained many great results for clients including: dismissals, hung juries, reduced felony charges to misdemeanors, resentencings, drug diversions, community justice initiative, not guilty verdicts, veterans court, drug court, suspended sentences, fine reductions, and community supervision instead of custody.


“Ben told me after how he actually used to be a prosecutor down here and I really think that helped get me such a good deal. It always helps to have connections. I never had to do a single day in prison.”  —Craig R.

I'm certified in the same DUI training cops are.

I’ve been certified by the National Highway Traffic Safety Administration (NHTSA) in the same Standardized Field Sobriety Tests that cops administer on you when they suspect you of drinking and driving.  I've also been on several police ride-alongs where drivers were evaluated on their performance of these field sobriety tests in the field.  

This means I can recognize when a police officer properly evaluates a subject using these tests, what signs of impairment they're supposed to be looking for, and the common areas where officers make mistakes or take shortcuts.  I will use this knowledge to expose any errors made in your case so that we can successfully attack the reliability of these tests and get your DUI charges dismissed.


I'm client-focused and available when you need me.

I know all of my clients facing criminal charges are going through a difficult time. It’s my job to minimize that stress by engaging in active listening, being straightforward about options and potential consequences, staying in communication with updates, and always charging a reasonable fee—all while working diligently to obtain the best result possible.

This dedication to my clients is part of the reason why my clients give me top ratings and reviews.

Check out their comments on Yelp and Google, or on my Testimonials page.