Hiring a DUI Attorney
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Hiring a DUI Attorney
You go out and have a nice dinner and a few drinks. On the way home, you’re stopped by a police officer, fail the subjective roadside maneuver and get arrested for a DUI. It’s an unfortunate nightmare that’s all too common. Now what?
Don’t Sell Yourself Short Thinking You Can Do Without a Lawyer
DUI cases have changed drastically in recent years with heightened DUI enforcement and the increasing severity of consequences for higher blood-alcohol cases and subsequent offenses. The repercussions of a DUI can differ greatly depending on several factors, including your age, whether you require state licensing or certification for your employment, whether your employment involves any kind of fiduciary or trust issues, and whether you’ve ever had a prior DUI.
A jail sentence is unusual in a first-time DUI, unless there was an accident with injuries or a blood-alcohol lever over .200%. However, a second or subsequent DUI carries mandatory jail time and the actual jail sentence imposed by the court can range anywhere from 30 days to one-year, regardless of how long ago the first DUI occurred. Therefore, it has become necessary to treat even first-time DUI cases with the same intention and vigor as a second or subsequent DUI. With the increased knowledge regarding the complexity of the physiological and scientific issues in a DUI case, the misconception that a DUI is simply not defensible is far from the truth!
Choosing a DUI Defense Attorney
So how do you go about retaining the best attorney for you? First, don’t settle for simply reading someone’s website – internet marketing has gotten more and more competitive and you’ll likely notice that every attorney lists their best outcomes and how much they care about you and your case. That is all well and good and they probably do care about your case, but do your due diligence and consider the following factors.
Does the attorney practice general criminal defense or do they have specific training and experience in defending DUI cases?
A good DUI defense can be one of the most complex defense cases around and your attorney needs to understand the physiological effects of alcohol on the human body, absorption and elimination rates, the workings and application of scientific principles upon which the instruments used to measure blood and breath alcohol concentrations work, as well as the most up-to-date caselaw and sentencing guidelines of the county in which you were arrested.
Is the attorney a member of any specific DUI defense group?
Any DUI attorney worth their salt will belong to the National College for DUI Defense, or one of the other organizations, such as the DUI Defense Lawyers Association. These are specialized groups that offer DUI attorneys support networks with databases of the latest knowledge, caselaw, expert witnesses, and trial tactics. Look to see if the attorney belongs to one of these associations.Ask the attorney about their trial experience in DUI cases and how many DUI cases they have taken to trial.
Although the vast majority of DUI cases are resolved through plea agreements, it is vital for your attorney to be able to assess the potential issues in your case that may be raised in a jury trial. Without having significant trial experience in DUI cases, it is impossible to know how a jury may react to the issues in your case or to even make an educated assessment of the strengths and weaknesses of your case. The heart of any defense is an honest and experienced assessment of its trial worthiness based upon a thorough investigation. Unfortunately, far too many attorneys claim to be DUI defense attorneys, but have little or no actual experience in DUI trials. You want an attorney that’s willing to fight in your case and not simply engage in “pump and dump” tactics where your attorney pumps you for fees and then pressures you to take the first plea bargain offered.
Is the attorney a local attorney or someone who only practices sporadically in the county where you were arrested?
A local DUI attorney has the distinct advantage of knowing not only the judges and local court procedures, but also the DAs who will be handling your case. This allows the local attorney the advantage of knowing what arguments the DA may find sympathetic and what arguments are not.Read through several of the client reviews and/or peer reviews to get a feel for how prior clients and colleagues feel about the attorney.
Of course, attorneys will only post good client reviews and they may all sound the same or similar. However, some attorneys will include client reviews from non-DUI or civil cases that don’t reflect the attorney’s ability to handle your defense. Look for whether the attorney responds promptly to phone calls and understands the court system and legal principles. This should give you a good feel for the attorney, but you should still contact the attorney directly. Most DUI attorneys offer free consultations – see how much time and interest the attorney has in speaking with you initially. That can tell you a lot about the time and effort the attorney will put into your defense.Trust and confidence is essential.
When you speak to the attorney, does he or she sound confident in speaking with you? Do they try and sell you immediately on a trial or on taking a plea bargain? An attorney can’t possibly give you that advice without conducting a thorough investigation and such advice may indicate the attorney is simply looking to make money either in the short term or charge you for an unnecessary trial. Is the attorney able to answer all your questions or do they seem unsure or eager to get off the phone? These can again be signs that the attorney may not have the time or expertise your case needs.Of course, money matters, so you need to understand the attorney’s fees.
A DUI defense can be quite expensive - upwards of the $15,000 to $20,000 range for a trial with retained expert witnesses. However, the fees for pre-trial representation are much less expensive, but should still reflect the expertise, experience, and time that your attorney will bring to your defense. Some attorneys bill hourly, but more and more attorneys utilize a flat-fee structure. Make sure your attorney can explain to you how they calculate their fee and whether that includes a trial or if there is an additional fee if you decide to take your case to trial. If the fee includes a trial, ask if a portion of the fee is refunded if your case settles before trial. You don’t want to pay a trial fee up front if your case doesn’t go to trial!Finally, there’s something to be said for that “gut feeling”.
I have always said your relationship with your attorney should be something similar to the relationship with your doctor. Do you feel comfortable talking to the attorney? Do they make you feel you are a priority or just a number? Does the attorney instill a sense of confidence and a measure of comfort in you knowing that you have someone who will champion your case from beginning to end?
Hiring an attorney, and in particular a DUI defense attorney, should not be just a shot in the dark based on the first website you see. Granted, there may be time constraints and you should never delay in securing representation. However, giving in to a sense of panic may end up costing you both in fees and in compromised legal representation. It doesn’t take an inordinate amount of time to do your due diligence and will be well worth in that end.