Where should you turn when facing DUI charges?
How do you find an experienced, competent defense lawyer who can explore factual and legal defenses, review your case for defects, move to suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, negotiate for a lesser charge, obtain expert witnesses for trial, contest the administrative license, etc.?
These pages will discuss some general considerations, followed by questions you should ask any lawyer before retaining him or her.
Contrary to popular belief, local bar association referral services are not necessarily a good source of information since they do not screen for qualifications. You are simply given the next name on the list. Likewise, any lawyer can take out an ad in the Yellow Pages, regardless of experience or ability.
The best way to find a good DUI lawyer is by reputation. There are a few attorneys who have a national reputation; they, of course, are expensive. Accordingly, the best approach is to ask other lawyers in the jurisdiction: Who is the best in the area? Other lawyers usually have a good answer to that question and may even be able to provide you with several names. Police officers, judges, public defenders and court staff are likewise familiar, usually from first hand experience, with who the best DUI defense lawyers are. Who would THEY retain if arrested for DUI?
An excellent resource for finding an experienced and competent DUI lawyer is from the National College for DUI Defense, an organization committed to the education and training of DUI defense lawyers.
Above all else you should attempt to retain an attorney who devotes the vast majority of his or her practice to the defense of DUI cases and has done so for a substantial period of time. There can never be a guarantee of the outcome of a case. But retaining an attorney who emphasizes DUI defense, or limits his or her practice to DUIs, maximizes the chances of a successful conclusion. And if you do not have a sense of comfort and confidence, look further.
When you meet with an attorney, and before you hire him or her, make sure of five things:
1. He or she has extensive experience in DUI litigation (Doesn't just handle many DUI cases that result in a guilty plea).
2. He or she has a reputation for going to trial, rather than just pleading his or her clients guilty.
3. You feel a strong sense of confidence in the attorney's ability to handle your case, and feel comfortable with the manner in which the attorney communicates with you.
4. Does the attorney listen as well as talk? Does he or she seem genuinely interested in you and your case?
5. The financial arrangements are clear.
Click Here for Key Questions to Ask Your DUI Attorney |
