Getting a DUI attorney
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If you've been charged with a DUI, or driving under the influence of alcohol or drugs, you need to know your rights and find an attorney who will defend them. A DUI conviction carries with it heavy consequences like large fines, jail time, license suspension, and loss of insurance, not to mention it goes on your record where a prospective employer can see. A good attorney can help mitigate the consequences of a conviction, help you expunge your record, or may get the charges dismissed altogether. Your defense is important, especially to you, so choosing the right lawyer is the first important decision for you to make when you've been charged with a DUI. What are some things you should look for in an attorney? Below is a list of qualifications and qualities to look for when finding your representation and why each is important:
- Focuses on DUI Cases
- Knows and is Qualified to Practice DUI Law for Your Area
- Has a Successful History
- Open and Accessible
- Enthusiastic About Your Case
- Within Your Budget
Focuses on DUI Cases
There are many attorneys out there and all of them specialize in different parts of the law. You want to choose one that focuses on DUI cases so you can have the best defense possible. DUI laws become stricter every year, so if you choose a lawyer who isn't familiar with it, you may be making a costly mistake. A lawyer whose focus is family law, for example, probably won't be familiar with breath analysis tests, sobriety tests, and whether pulling you over in the first place had probable cause. They may know about suppressing evidence and filing motions for dismissal, but they won't know what grounds they should base the dismissal on.
A DUI has been deemed as a criminal act and therefore falls into the category of criminal law. Most attorneys who handle criminal defenses will also handle DUI cases. Some attorneys' focus specifically on DUI cases as their criminal law practice, while some focus even more tightly and take only cases dealing with minors and DUIs. An attorney whose focus is DUI cases will have a better chance of winning your case because they know what they are doing. They focus on DUI cases day in and out, so they know the courts, the judges, and the best way to suppress or refute the evidence against you. A DUI attorney will have the confidence and know how that your case needs in order to win.
Knows and is Qualified to Practice DUI Law for Your Area
Just because you've been arrested for drunk driving doesn't mean you are guilty. Guilt has to be proven while innocence is assumed. You need to find a DUI attorney who understands the laws particular to your state and how to beat the evidence against you based on those laws. Although every state has a maximum BAC, blood alcohol content, of .08% for those of legal drinking age and a zero tolerance policy for those under age, other parts of the DUI laws in each state vary. In some states, the BAC level is lower, and the zero tolerance policy BAC percentage varies from state to state. In one state a certain type of breath analysis test is approved, while in other states it is not. In some states, certain field sobriety tests are legal, while in others they don't meet the testing standard. Probable cause for stopping a vehicle suspected of being driven by someone who is drunk also varies in different locals. DUI testing can be tricky, and if it isn't done right a good DUI attorney will know and be able to refute the test, especially since portable breath analysis tests are known to be unreliable. The better your DUI attorney knows the laws and standard practices of your area, the better your chance of beating the charges.
Most lawyers are not certified to practice law in every state, so find one that is in good standing to practice law in your area. Even within your state, there are certain jurisdictions, and your lawyer has to be certified to practice in the jurisdiction you are facing charges in. Make sure they've passed the bar in your state and are licensed. When the state certifies someone to practice law, it means they are competent, but it doesn't necessarily mean they are good at what they do, so choose wisely.
Has a Successful History
You know a DUI attorney is good at what they do when they win and win consistently. A successful history is important because you want to win too. Most lawyers will tell you their success rate if you ask. The best DUI attorneys have an 80% win rate or better. But don't just look at their success rate overall, see what part of the process they have most of their success, because it will make a big difference in how much time you spend in jail and in court.
Treat your initial consultation like you would a job interview, where you are the interviewer and the lawyer the job seeker. They will be working for you after all. Don't be afraid to ask them questions about their success. Look at how successful they've been in getting DUI suspects out of jail free, or with minimal bail. See if they are successful in evidence suppression hearings. If you find a DUI attorney that has a high success rate for getting charges dismissed due to lack of evidence or because the police didn't have sufficient probable cause to pull a suspect over, you have a better chance of spending less time in court, and of avoiding a trial altogether.
If they pursue every chance they get of getting the charges dismissed against their client, they will have a higher success rate. If it comes to a trial, your chance at going home with a clean record drop, but your attorney should pursue the lightest sentence possible if you are convicted. Look at the cases your DUI lawyer didn't win and see how successful they were in getting lighter sentencing. Who wants to be sentenced to the maximum penalty? There are other options and your attorney should have a record of pursuing those options vigorously when they lose their case.
Open and Accessible
No one likes to be kept in the dark about their options or their future. Look for a DUI attorney who is open about your case, who will lay everything out on the table so you can make the smartest decisions possible. If they hold information back that could help you make a decision about your case, you are on the losing end and could make a mistake that costs you your freedom.
Your DUI attorney should explain your rights in detail and what options you have with the evidence presented. They should allow you to take part in the decision process and represent you honestly. DUI laws can be complex, so find an attorney that will help you sort out those complexities and find an avenue of hope.
A DUI attorney should also be accessible. Your case is important. If they're too busy to talk to you about it, they probably won't have enough time to make sure it is presented right. Make sure that they are willing to take your calls or visits whenever you need to talk.
Enthusiastic About Your Case
Being charged with a criminal act can be depressing. Your DUI attorney should be confident about the outcome before you start. If they aren't enthusiastic, they won't present your case to the best of their abilities, so find one that believes in you and your case. When they believe in your case, they are more likely to find the one thing that could get your case dismissed.
Make sure you trust your attorney to pursue every means of dismissal possible. If your attorney isn't confident in your case, how can you be? If they don't believe in you, you probably won't perform well in court. An enthusiastic, aggressive attorney gets the job done, and gets it done right. If your DUI attorney likes to fight for you, they are more likely to win for you.
Within Your Budget
Most people agree that lawyers are expensive and that the best lawyers charge the most. This isn't necessarily true, but it is something to keep in mind when shopping around for the attorney that will represent you. There are good attorneys in every level of pay, and some really great attorneys who will work pro bono if your budget is limited. Don't break the bank if you can help it. Find a DUI attorney who has all the qualifications and qualities you are looking for, but that also fits within your budget of what you can pay. They don't always work for free, and they should be paid for the work they do, but you shouldn't have to take out a second mortgage on your house just to pay their bill.
Best places to look for a DUI attorney
The phonebook: Believe it or not, if you need a DUI attorney, one of the best things you can do for yourself is crack open the yellow pages and take a look at the ads. Big ads, full color ads, and ads that state that the attorney deals specifically with DUI and DWI law are the best attorneys to call, but the beauty of the phone book is that you have a list at your fingertips and you can call them all if you want to.
The internet: This of course is a great resource for finding a DUI attorney. Not only can you get a directory of DUI attorneys, but in many cases you will be able to find sites that review the attorneys, that allow people who have used their services to post comments, etc. That way you can see what other people thought of the specific DUI attorney or firm you are considering before you hire them.
The television: If you watch television you will probably see a commercial or two that advertise the services of a DUI attorney. If they advertise specifically for DUI, then they are likely a good choice because they specialize in that area of the law. In addition, if they can afford television spots, then business is probably good, which means that they likely have satisfied clients.
Firms that specialize in DUI and DWI laws: If you want to find a DUI attorney, do not just look up "Lawyer" or call someone you know that went to law school, look specifically at firms and groups that deal only with DUI and DWI law. If you want to hire the best, do not hire someone who is actually a tax attorney, but someone that knows their stuff and has a firm of people to help them.
