Facing a DUI charge is overwhelming. The consequences can be severe, including fines, license suspension, drastically higher insurance rates, and even jail time. It's crucial to find the right DUI attorney to help you navigate this challenging situation. Here are some important questions to ask when choosing an attorney.
1. What Is Your Experience with DUI Cases?
Start by asking how long the attorney has been practicing law and handling DUI cases. But, length of time, alone, should not drive your decision. Nor should "knowing the prosecutors" be your sole barometer. These factors should be included among a number of considerations.
Time in practice most certainly brings wisdom and steadfast guidance. An understanding of "going rates." But there is also a reason a lawyer's legal malpractice insurance rates generally INCREASE the longer he or she practices.
Knowing the prosecutors is also helpful. Primarily, again, for a good understanding of "going rates." But, as a former prosecutor myself, a knowledge of the prosecutor does not change the facts of a case, or the reality of criminal prosecution. A prosecutor is charged with "doing justice," but is promoted based on conviction rates. That friendly reputation doesn't change that, and remember that prosecutor has a boss too that he or she has to report to. I submit that a reputation for professionalism, candor, courtesy, and thoroughness might be more help than being golfing buddies nowadays. When I was in the seat, a professional I didn't know got a lot further than the buddy I could never trust.
Remember, no matter the outcome, the prosecution "wins." If convicted, justice was served. If acquitted, justice was served. Professionalism, intimate knowledge of the prosecution mindset, deep knowledge, and relentless preparation should lead your decisionmaking process toward the best representation decision.
2. What Is Your Success Rate?
Inquire about the attorney's success rate in DUI cases, but take the answer with a healthy grain of salt. A good attorney should be able to share information about past cases and outcomes. And while no attorney can guarantee results, a history of successful defenses can provide you with confidence in his or her abilities.
If the attorney NEVER wins, or NEVER loses, that's probably some sort of issue. And if he or she avoids the question, that's also a potential issue.
At the end of the day, the most creative, diligent, professional, respected attorney cannot overcome admissible evidence. But success does not always mean just convictions and acquittals. Has he or she been successful in getting questionable charges dropped? How about getting a difficult charge reduced out of the DUI nightmare? Avoid jail time? Pretrial intervention? Does he or she also take on the administrative case involving your drivers license? These, and more, are successes that should be discussed.
3. What Will Be Your Strategy for My Case?
Every DUI case is unique, so it’s important to understand how the DUI lawyer plans to approach your situation. And this should be discussed in your initial, FREE consultation.
The lawyer should walk you through how they approach DUI cases from day one. Do they wait until the pretrial conference, or a couple days before? Do they sit and wait for the initial offer to come in just before? Or, are they proactive? Do they work early to resolve the case? Do they have a systemized approach to engage with the State early and often? Are they investigating your case or simply relying on viewing discovery? Do they push for discovery?
Are they preparing for trial? Is there a trial strategy? How would they attack the evidence?
The right DUI lawyer will tailor his or her strategy based on the specifics of your case and the risk level you are comfortable with. But, he or she should be eager to discuss strategy early and often.
4. How Will You Communicate with Me?
Communication is key in any attorney-client relationship. Ask how often you can expect updates and how you can reach them if you have questions. Email? Phone? Text? Office? Most committed DUI lawyers share their personal cell phone numbers too. What does prompt response look like? The biggest complaint about lawyers is failure to communicate, but setting expectations early is important. Most attorneys are hard pressed to find time. Whether you will get a response in 24 or 48 hours is good to know.
Knowing how your DUI lawyer communicates will help reduce any anxiety you might feel during the process.
5. What Are Your Fees?
Many DUI lawyers work on a flat fee basis, plus costs, while others may charge by the hour (more rare). Make sure you understand what services are included in the fee and if there are any additional costs you should be aware of.
The best practice is to describe the services the DUI lawyer can offer, followed by the proposed fee and payment options, in your initial FREE consultation call.
6. Do You Have References?
This is a tricky one. You are not going to get contact information from previous clients. Law doesn't work that way (at least not on the lawyer's side of the conversation). Lawyers need specific permission for that and criminal law generally just doesn't work like that.
But, most DUI lawyers should advertise representative case results on his or her website and/or social media. Clients can name themselves in client reviews on platforms like Google, Avvo, Justia, etc., if they take the time to do that.
However, the right DUI lawyer should have some representative cases to talk about.
The Right DUI Lawyer Can Make a Difference
A DUI conviction can be devastating. The right DUI lawyer not only comprehensively and proactively attacks your case, but also should reassure you that he or she has your best interest at heart. And it helps to be relatable. By asking these questions, you can find someone who not only understands the law but also cares about your situation. With the right legal support, you can navigate your DUI case more effectively.
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