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About Me

MY MISSION STATEMENT: To provide the highest quality legal representation for individuals charged with DUI and alcohol related offenses, as well as other minor traffic offenses, major felonies, and all areas of criminal law in general. 


I am a man who likes to help people.  It has been this compassion for others that has lead me to an interest in criminal law.  Initially I was fascinated by the power struggle that I saw between people on the streets and the police.  When I was younger, I simplified this struggle as a fight between those who broke the law versus those law enforcement officers who upheld the law.  However, as I educated myself, I realized that there was a lot more going on.  I began to understand that just because an officer had a badge, didn't mean that officer was "right" or "moral" in the ways they chose to behave. 

As a prosecutor, I witnessed firsthand some of the shady, underhanded, and sometimes illegal, ways cops could behave.  On the other hand, I also began to realize that "criminals" or "defendants" sometimes got the short end of the stick and were treated unfairly.  I learned that many times there was another side to the story I wasn't reading in police reports.  All people do things for a reason.  I began to understand that some of the reasons behind these "defendants" actions made a lot of sense and their actions shouldn't be labeled "criminal." 

The criminal law is fascinating because it is about people, and just because someone has done something that technically meets all the elements of a criminal offense, doesn't mean we, as a society, should lock them up and throw away the key.  Cops make mistakes.  People make mistakes.  Mistakes are a fact of life.  My goal as a criminal defense attorney is to make sure that things are done by the book, and that our personal liberties articulated in the Constitution are protected.               


Photos and Videos

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Practice Areas


  1. Criminal Defense: 50%
  2. DUI & DWI: 30%
  3. Juvenile: 10%
  4. Domestic Violence: 10%



Retainer (Always), Free Consultation (30 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

13 total 

  • Douglas MacMillan Borthwick

    I endorse this lawyer.


    Douglas Borthwick Family Attorney
    Relationship: Fellow lawyer in community

  • William Mathew Concidine

    I have known Mr. Theule for a few years now and I always find him to be a strong advocate for his clients. He comes well prepared to all hearings and I know he has a good reputation with the prosecuting attorneys in the area. I would recommend Mr. Theule without any hesitation.


    William Concidine Speeding & Traffic Ticket Attorney
    Relationship: Fellow lawyer in community

Contact Info


SAN DIEGO, CA, 92101



Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Award NameGrantorDate Granted
Superb AttorneyAvvo2014
Top 100 Trial LawyerNational Trial Lawyers2014
DWI Detection & SFST Student CertificationLa Pier & Associates LLC2012
Certificate of CompletionTraffic Safety Resource Prosecutor Program2010
Certificate of ExcellenceWilliam C. Hobbs Trial Advocacy Program2007
Certificate of AppreciationAmerican Bar Association2006
Work Experience
TitleCompany NameDuration
AttorneyLaw Offices of Benjamin Theule2011 - Present
Deputy District AttorneyImperial County District Attorney2008 - 2011
Legal InternDistrict Attorney's Office, Los Angeles County2007 - 2008
Legal InternVentura County District Attorney's Office2006 - 2007
Association NamePosition NameDuration
San Diego Criminal Defense Bar AssociationAttorney Member2011 - Present
San Diego Criminal Defense Lawyers ClubAttorney Member2011 - Present
California Public Defenders AssociationAttorney Member2011 - Present
California DUI Lawyers AssociationAttorney Member2011 - Present
California Attorneys for Criminal JusticeAttorney Member2011 - Present
San Diego Bar AssociationMember2008 - Present
California District Attorneys AssociationAttorney Member2008 - 2010
Legal Cases
Case NameOutcome
People v. WhiteCase dismissed
People v. RoweHung Jury
People v. MitchellsClient resentenced & released from prison forthwith
See all Legal Cases 
Publication NameTitleDate
BlogExpunging Your Record in California2014
Blog“Follow my Finger with your Eyes”: The Horizontal Gaze Nystagmus Test2013
BlogPulled Over for a DUI in California? What to Do2013
BlogPitchess Motion Can Strengthen Your Defense by Exposing Improper Conduct by Police2012
BlogAsserting “Self Defense” in a Violent Crime Case2012
BlogDeciding When to Post Bail – Important Considerations2012
BlogJury Perception: Importance of Humanizing Criminal Defendants2012
BlogProtest Related Arrests: Risks of Exercising First Amendment Rights2012
Imperial Valley PressJury Selection Expected This Week2010
Imperial Valley PressEl Centro Tattooed Man Released From Custody2010
School NameMajorDegreeGraduated
Loyola Law SchoolCriminal LawJuris Doctor2007
University of California - Los AngelesEnglishBachelor of Arts2001
Speaking Engagements
Conference NameTitleDate
Lawyers ClubCross examination of Loss Prevention Officers2014
Continuing Legal EducationDefending Your First DUI Case2013
Solo and Small Firm SummitLaw Firm Marketing2011
POST Certified Law Enforcement TrainingIntroduction to Criminal Law2010
New Prosecutor TrainingDomestic Violence Cases and the Recanting Victim2010
Imperial Police Training SeminarCommon Pitfalls in DUI Prosecutions2010