DUI & DWI Lawyers
What to Consider When Hiring a DUI Lawyer
If you are facing a DUI charge, even if your case seems straightforward, you should strongly consider hiring a lawyer. In addition to penalties such as fines and potential jail time, you may face a license suspension, increased insurance premiums, and other adverse consequences. DUI is considered a crime in most (but not all) states, and a defendant in a criminal case has a right to representation by an attorney. If you ask for a free lawyer, though, the court will assign a public defender to your case. While many public defenders work hard for the accused, they tend to handle massive caseloads with limited resources. This means that a public defender may not be able to build a defense with the sophistication and care that a private attorney could. Therefore, hiring a DUI attorney of your choice may make a significant difference to the outcome of your case.
Deciding who is the right lawyer for you can be challenging. A basic Google search can be a good place to start, but this should be only a first step. Google searches will lead to a wide range of results, including many paid listings that do not necessarily reflect the skill of a lawyer or their aptitude for your case. Similarly, you might gain useful insights from talking to friends or family members who have hired a DUI lawyer, but the right fit for them may not be the right fit for you. Each case is unique. Here are certain guidelines that can help you knowledgeably research and compare attorneys.
Background and Experience
You should hire a lawyer who has substantial experience representing people who have faced charges similar to yours. For example, if your DUI involved an accident in which someone else was injured or killed, you may want to hire an attorney who has handled many accident DUI cases. If your DUI is based on drugs rather than alcohol, you may want to hire an attorney who is equipped to fight both the DUI charge and any related drug charges. Some attorneys may have relevant board certifications or memberships in professional organizations. They may have received awards or other formal recognition of their legal prowess.
Some DUI lawyers worked as prosecutors before building a private practice. You should not assume that you will not be zealously represented as a defendant just because your attorney once worked on the other side. To the contrary, prior experience as a prosecutor can be a significant advantage. A former prosecutor may have insights into how the prosecutor who charged you will be approaching your case. This can help them anticipate opposing strategies and counter them effectively.
Your attorney should be familiar with the procedures in the court where your case will be heard. This can make a huge difference because important rules are often specific to a certain court. An attorney with local connections also may be familiar with individual district attorneys and how they pursue charges. They may know what to expect from a plea offer, and they may have a sense of how willing a certain prosecutor may be to reach a deal. Also, the police officer who pulled over a driver can play a key role in a DUI case. A local attorney may have encountered certain officers in previous cases and may know whether and how to attack their credibility as witnesses.
In general, you should aim to hire an attorney without a history of serious disciplinary issues. Information about an attorney’s professional record can be found by searching for them on the state bar website for their jurisdiction. You may want to review the details of any disciplinary action to get a sense of the events leading to it. Some violations are less significant than others. You may not want to automatically remove an attorney from your consideration based on a very minor infraction if they are currently in good standing.
On the other hand, a record of serious violations should be a red flag, even if the attorney has achieved some good results. You do not want your attorney to make an egregious mistake that prevents you from pursuing an otherwise viable defense strategy.
Reviews and Testimonials
Reviews by previous clients can give you a sense of what it would be like to work with an attorney. You may find insights into their personality, level of professionalism, and communication skills. Client reviews can be helpful even if the details of your case are different from a previous client’s case. However, beware of very brief reviews that are harshly negative or effusively positive without providing details. These reviews may not be trustworthy.
If an attorney has received favorable reviews from other attorneys, this may indicate that they have a strong reputation in the legal community. They may be more likely to be respected by judges and prosecutors, which can help resolve your case more favorably and efficiently.
Often, a DUI lawyer will discuss their most notable successes on their website or blog. Each case is decided on its own facts, so you should not assume that you will receive the same outcome as a previous client. However, a history of dismissals, acquittals, and reduced charges for people in roughly similar situations to yours can be a promising sign. You may also gain insight into the cases in which an attorney performs most impressively if many of their strongest results involve the same type of situation.
Most DUI lawyers offer consultations to prospective clients at minimal or no cost, and with no obligation to retain them. You can set up a consultation by phone or online after providing some initial details about your case. The consultation helps the client and the attorney decide whether they are the right fit for each other. Even if you are impressed by an attorney’s credentials and achievements, you should not choose them on that basis alone. Instead, you should make sure to work with a lawyer whom you can trust and who relates well to you. You should feel that your lawyer is personally invested in your case, rather than treating you as just another case number. Ideally, you should set up consultations with several attorneys before deciding whom to hire.
Bringing a list of questions to the consultation can help you decide whether an attorney is the right fit. For example, you may want to ask about the range of outcomes that they believe are likely in your case. You should not expect a precise answer, but a general impression can help set your expectations. An optimistic answer may be encouraging, but you should think twice if an attorney makes guarantees or seems much more confident than their competitors. They may be overpromising. Also, you should listen to how the attorney explains their evaluation. They should be able to articulate their reasoning in a way that is coherent and accessible to a non-lawyer.
Fees are another important issue to address at the consultation. Some DUI lawyers charge hourly fees, while others may charge a fixed fee for the entire case. If you are facing financial constraints, you may be able to negotiate a flexible payment plan. In many cases, an attorney will ask a client to pay a retainer fee, which is an upfront payment. If the costs of the case fall short of the retainer amount, the rest of the retainer fee may be refunded to the client. Any fee arrangement should be clearly set out in the representation agreement so that you understand your obligations.
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