If you’ve been arrested for drunk driving, don’t even think about proceeding without a lawyer. A person who represents himself or herself in court has a fool for a client. You need a good lawyer, even if you’re guilty.
How Do I Choose A DUI Lawyer? First, even if you believe that you’re guilty, you’re still legally presumed innocent. A good lawyer can evaluate the strength of the proof against you in ways that you cannot do yourself.
How Do I Choose A DUI Lawyer? Second, a major issue in every case is whether the police overstepped their bounds and unlawfully stopped, arrested, tested and charged you. A good lawyer will evaluate whether you were treated properly. If your rights were violated, there may be no case against you.
How Do I Choose A DUI Lawyer? Finally, the help of a good lawyer is critical in limiting the damage that a DUI case or conviction can have on your family, your life and your livelihood. A good lawyer will direct you to the help and counseling that you may need to rebuild and restore your life after the damage of alcohol and a DUI / DWI / OWI case. Of course, a good lawyer can minimize the penalties, such as, jail and revocation.
Choose A Lawyer Experienced In Fighting DUI Cases.
There are various kinds of lawyers out there, and you will need to know how to choose. In general, you will find the following:
* Public defenders.
* Discount lawyers.
* General Practitioners.
* Expensive criminal and DUI lawyers.
* Extremely expensive criminal and DUI lawyers.
Avoid the discount lawyer. You will get only what you pay for, and that won’t be much. Discount lawyers make their money by handling a high volume of cases or by maintaining unreasonably low office overhead (no secretary, etc). These lawyers are not skilled in analyzing and defending cases. Rather, they are skilled in quickly disposing of cases by guilty pleas to maintain their profit margin. Be skeptical of any lawyer who charges a retainer less than $1500.00 on a first offense, and $2000.00 on a second offense.
Looking For A Lawyer?
You may wish to hire the most pre-eminent criminal defense lawyer you can find. Look for a lawyer who has held prominent positions in the bar association. Look for a lawyer recommended by not one, but several other lawyers. Look for a lawyer who is active in the National Association of Criminal Defense Lawyers (NACDL). With a little research, you will be able to find the Johnny Cochran, F. Lee Bailey or Barry Scheck of your city. If you live in a smaller community, which does not support criminal defense specialists, it makes sense to go to the nearest large city. Expect these kinds of lawyers to charge retainers in the range of $10,000.00 and up, with substantial additional fees for trial, and more if it is for a repeat offense with a substantially enhanced penalty. Be aware, however, that some of the more famous criminal lawyers may not be experienced in drunk driving cases, as these are seen as too minor. So, make sure that you get a lawyer who understands the intricacies of a drunk driving case.
Avoid the general practitioner, that is, the lawyer who does some criminal work but also handles real estate, probate, divorce, wills, etc. Such a lawyer may be reasonably priced (with fees in the $1500-$2000 range), but will lack the specialized knowledge and skill necessary to defend a drunk driving case. This may be true even if the lawyer handles a significant number of drunk driving cases. Most likely, few of these cases are fought rather than plea-bargained. Further, a lawyer who has a reputation as a fighter tends to be able to negotiate the better plea bargains, when necessary.
You are far better off with a public defender (if you qualify for such representation) than a discount lawyer or a general practitioner. Although public defenders are often overworked, they are skilled and dedicated specialists.
It is wise to choose a reasonably priced DUI / DWI / OWI specialist (still expensive compared to a general practitioner). Be careful, however, that your lawyer is experienced in fighting DUI / DWI / OWI cases. Many lawyers handle many DUI / DWI / OWI cases, but do not fight them and do not have the special training and experience necessary to evaluate and fight these types of cases. Attorneys who focus on fighting DUI / DWI / OWI cases will probably handle only criminal cases, although they may also handle other types of litigation such as personal injury. They will not handle non-litigation matters, such as wills, probate, real estate, incorporation, etc. These lawyers will have extensive experience in DUI / DWI / OWI law, and understand the special complexities of a drunk driving case. In fact, these lawyers will usually be far more experienced in DUI / DWI / OWI cases than the ultra-high priced pre-eminent criminal lawyers. In Wisconsin, these lawyers may charge retainers in the $5000.00 range, depending on the severity of the offense, with additional fees for trial. These lawyers should also be active and recognized in local and national criminal defense organizations such as their state bar, the National Association of Criminal Defense Lawyers (NACDL), and the National College for DUI Defense, Inc. (NCDD). Again, get a lawyer who has extensive experience in the trial by jury of drunk driving cases. Avoid the high volume guilty plea specialist.
Get the best lawyer that you can afford, not the cheapest one that you can find. Click HERE to find an experienced DUI defense lawyer in your area.
If you can’t afford a qualified lawyer, a public defender is a far better choice than a discount lawyer or a general practitioner.
Drunk driving laws have harsh penalties and everyone should contact a lawyer if they are charged with a DUI. DUI attorneys will base their fees on the severity of the case, the state laws, the proof against the driver, and their demand. Everyone is presumed innocent until they are proven guilty; a lawyer will be able to reduce the charges being held against their client. If someone tries to represent themselves, they may not be able to look for loopholes in the evidence that is being held against them. DUI attorneys will assess the evidence and may be able to find out if the police officer improperly conducted tests, if the breathalyzer is properly maintained, or if the blood tests were improperly administered.
DUI attorneys will help their clients obtain a reduced penalty, which could keep them out of jail or reduce the amount of time their license is suspended. Since employers commonly do background checks, the last thing anyone wants to have on their record is a DUI conviction. If there is a DUI conviction, it is the lawyer’s responsibility to make it as minimal as possible.
When it is time to choose a DUI attorney, you need to evaluate your options. Can you afford to pay for a DUI attorney? If you cannot afford a DUI attorney, look into hiring a public defender or general practitioners. The best lawyers will have a large case load of DUI cases. Some discount lawyers will take on various cases in order to get as much money out of their clients as possible. Because these lawyers take on various cases, they may not have proper training and experience with DUI cases.
Good DUI attorneys will charge a retainer fee of at least $1,500 or more. Any lawyer that charges less probably doesn’t have all the resources available and they will handle various types of cases. A good lawyer will evaluate all the evidence before talking to their client and convincing them to plead guilty.
Before hiring a DUI attorney, it is important to find out their win/loss percentage and see how many of their cases actually make it to court. Far too often a DUI attorney will tell their clients that they handle several DUI cases, when in fact only 5% of their cases actually make it to court. The other 95% of DUI cases will be plea-bargained. Lawyers with excellent negotiation skills will be able to help their clients enter into a better plea bargain.
DUI Defense Attorneys Links
* How to Choose an Attorney
This web site looks at the different things a DUI attorney will do to help their clients. It provides tips on how to select a DUI attorney and tips on how to find one in your area.
* Criminal Defense Attorney
This web site talks about DUI attorneys and the things you need to know about hiring an attorney. It also provides tips on how to find a good DUI attorney and questions you need to ask them before you hire them.
* How to Choose a Qualified Criminal Defense Lawyer
This web site provides a guide to finding a good DUI attorney in your area. It talks about the important things a DUI attorney needs to have and how to search for a qualified one.
Public defenders are better than general practitioners because they have a lot of experience in the courtroom. Since public defenders have a high number of case loads, they will have a lot of experience with the judges, prosecutors, and other people in the courtrooms. The public defenders may have better negotiation skills because they deal with the prosecutors on a weekly, sometimes daily basis. Their fees will be lower than a DUI attorney, but higher than a discount lawyer or general practitioner.
The cost of a DUI will average around $10,000 by the time the court fees, attorney fees, plea bargains, and everything else is added in. DUI attorneys that focus primarily on DUI or DWI cases will have a better chance of obtaining a good plea bargain for their client. The DUI attorney will go to training seminars to stay up-to-date with the latest DUI laws. Depending upon the severity of the case, the DUI attorney will charge a retainer fee of $5,000 or more. A DUI attorney must be nationally and locally recognized in criminal defense organizations.
Several people still browse the phone directory to search for a lawyer. The yellow pages will have advertisements for several lawyers, so it may be difficult to narrow down your selection. If you use the yellow pages, look for a lawyer that is in your local area or county. The jurisdiction where you got the ticket is where the lawyer needs to practice because they will have experience with the judges and will understand how each judge runs their courtroom. Contact each lawyer and ask for a free consultation. The DUI attorney will be able to evaluate your case and discuss the severity of the case, the costs that will be associated with it, and the outcome you can expect.
Online directories and search engines will pull up several DUI attorneys. While the search engines are a great way to find local DUI attorneys, you may only be finding the ones that paid for online advertising. Always check two or three different web sites to find out more information about the DUI attorney.
The best DUI attorney’s come from referrals. Friends, family members, and colleagues may have experience with DUI attorneys and can help you find one that will fight for you. Attorney referrals will help the defendant trust the DUI attorney before meeting them because they like the person that referred them.
Another way to find a good DUI attorney is to go to the courtroom and see them in action. Look for a DUI attorney that is handling DUI cases and write down things you liked and disliked about them. If you think they did a lot of research and truly wanted to help their client win, contact them about your case. Ask for their business card when the court session ends and schedule a consultation.
Always find out what type of cases they normally handle and ask them if any of their past cases are similar to yours. The best DUI attorneys will handle cases that are closely related to your case. Find out how long the DUI attorney has been practicing and when their last DUI training session was. Since the DUI laws are consistently changing, it is important to find a DUI attorney that keeps up with them and expands their knowledge of DUI laws.
DUI attorneys will become successful because they surround themselves with good staff members. When you go in for a free consultation, speak with the secretary and other staff members. You should feel comfortable with everyone at the office, as they will all be working on your case. The most important thing to remember is the chemistry you have with your DUI attorney. If you are uncomfortable with the attorney, go to another firm and meet with a different DUI attorney. You have the right at any time to change lawyers; however you may have to pay some fees for the services they provided before you fired them.
Discuss the fee schedule with your attorney. Some attorneys will ask for a retainer fee up front and then they will allow the client to pay in monthly increments or a lump sum at the end of the case. Find out what the fees will cover and make sure that you are nit signing a contract that allows the attorney to increase their fees whenever they feel like it.
DUI Lawyer links
* Before Hiring a DUI Lawyer…
This web site talks about DUI attorneys and what you need to talk about with an attorney before you hire them. It also talks about how a DUI attorney will help you with your case.
* How To Choose A Good Criminal Defense Lawyer
This web site discusses DUI attorneys and how to find a good DUI attorney. It provides advice on where to start looking for a DUI attorney and what questions you need to ask the attorney.
* How to Choose a DUI Lawyer
This web site provides advice on how to choose a DUI attorney. It talks about the costs you should expect and what types of lawyers are available for criminal court cases.
Talk about your case and the ideas your lawyer has for your case. A lawyer that is creative may be able to come up with a different strategy for you case that will result in the charges being dropped or lowered. The best DUI attorneys are the ones that are sociable; they will have a great reputation and can work with various personality types. A good DUI attorney will look at all the evidence and then will be able to see the bigger picture and come up with different ideas for a good outcome.
Look for a DUI attorney that has access to investigators and witness interviewers. DUI attorneys will be able to find loopholes in evidence and can have it thrown out of the jury trial. The more resources a DUI attorney has available, the better chance they have at winning the case or negotiating a lesser sentence. When the DUI attorney has more people working with them on the case, they are able to dedicate more time to it.
A plea bargain is a simple way to resolve a court case, but you should always look for a DUI attorney that wants to look beyond the plea bargain. DUI attorneys that have numerous plea bargains are looking for the easiest way to save their clients time and money, though this is a good thing, it can come back to hurt the client. Some people can have the charges reduced if they would have taken the case to court.
It is important to be up front with the DUI attorney. Let the attorney know about your financial situation and your needs before you hire them. If you cannot afford to pay for their expertise, talk about payment plans or look for a different lawyer. The contract you sign with the DUI attorney needs to have the fee schedule written into it so you can be sure you are only paying what you agreed to. Having a contract clearly written will protect the client from additional service charges and you will have a clear understanding about the DUI attorney and how they will fight for your case. Once you have chosen a DUI attorney, you can proceed with your court hearings.
DUI links
* Hiring a Lawyer When Accused of DUI
Driving under the influence of alcohol, drunk driving, drinking and driving (North American English), or drink-driving (British/Irish and Australian/New Zealand English), is the act of operating a motor…
* How to Avoid Getting a DUI or DWI
Drunk driving is an extremely serious crime that causes the serious injury and deaths of thousands of innocent victims on our roads and highways every year. I’m writing this hub for the victims of drunk
A DUI charge can be a traumatic event in anyone’s life. DUI has become a very serious charge and even though it is still a misdemeanor in most cases, the penalties can be more serious than if you were convicted of any number of felonies as a first time offender. However, with an experienced attorney, there is hope. While no one can predict the outcome of your case, an experience practitioner is in a unique position to best defend your many rights as one accused of this offense.
Some general guidelines when choosing a lawyer to represent you in a DUI case:
Does the lawyer devote most of his/her time to defending DUI cases? DUI laws frequently change and their defense requires an attorney with experience and technical knowledge of the science involved in this area of the law. Finding an attorney with this knowledge and experience who practices exclusively or near exclusively in DUI cases is generally a good idea if you’ve been charged with this crime.Ask the prospective lawyer how much of his practice involves DUI representation and if he uses expert witness. Ask the prospective lawyer some general questions about the technical science involved in DUI law and find out if he recommends the use of expert witnesses.How many cases has he or she tried?
A few words about attorney’s fees. Finding the lowest bidder is not always the right solution. Costs should always be a concern but first, you should make sure that the lawyers you interview have the requisite experience. There are many so called “general practitioners” who may be willing to offer you a rock bottom fee but who lack the experience in this area of law to fully represent you as well as a lawyer whose practice is devoted to this type of representation. There’s a lot at stake in your case, make sure you are confident that you have a knowledgeable DUI defense attorney. It’s always fine to compare fees between different DUI lawyers regularly engaged in DUI defense.
Don’t Delay in finding an experienced attorney for your DUI defense. As soon as you are cited, the clock begins ticking. You will have a deadline to file a notice for hearing with the Department of Licensing and, your arraignment could come within days after your arrest. The best way to preserve your rights is to immediately begin searching for an experienced attorney in DUI law.
Your DUI case needs to be aggressively reviewed and, if applicable, challenged where there are shortcomings. For example: a) Did the officer have a valid basis to stop you?B) Was there probable cause to arrest you? C) Did he perform the roadside tests in accordance with the appropriate standards? D) Were you advised of your Miranda Warnings? E) Did he inform you that these tests were voluntary? F) Were you properly given implied consent warnings prior to taking the breath test? G) Did he conduct your breath test in accordance with the standards set forth in the Washington Administrative Code? H) Was the Breath Testing Machine functioning properly and had it been properly maintained?
These are just some of the areas that an experienced DUI attorney will understand give close scrutiny to. If you’ve been charged with a DUI, don’t delay, call me today!