Questions to Ask Your DUI Lawyer
The truth is, a DUI lawyer is necessary far more often than they are present. While you don’t need a lawyer to plead guilty, which is often a smart move when BAC tests come into play, you do need a capable lawyer to help you navigate the process and even reduce your sentence in a worst-case scenario. Whether or not you feel you have the resources for a good lawyer, remember that you are entitled to at least a consultation, and even that much can do a great deal to help your case.
Why Do You Need a Lawyer for a DUI?
You should ask questions revolving around their:
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
7 Ways Family and Friends Can Help Loved Ones With a DUISave judgment for the courtrooms.Research Maryland DUI traffic laws and procedures.Get your friend help, fast -- ideally within the first 10 days after their traffic stop.Don't try to DIY a DUI defense.Proactively offer to drive them places before they ask.More items...•
For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.
Potential Jail Time for a First-Time DUI As a first-time offence on summary conviction, the maximum penalty is $5,000 or a jail term of not more than “two years less a day,” or both. As previously noted, the maximum sentence for an indictable offence conviction for any basic DUI is 10 years imprisonment.
In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.
If you are present during the actual arrest, try to follow these three steps: Calmly and politely ask the police officer for the exact name of the charges. Calmly and politely ask the remaining police officer for the name of the jail where your friend will be taken.
DUIs and DWIs have slightly different meanings: A DUI refers to driving under the influence, while a DWI means driving while intoxicated or impaired. With a DUI, the charge could mean that the driver was driving under the influence of alcohol or drugs.
How long can you be in jail for a DUI? For a first DUI offender, you may face 2-days in jail but will receive an additional 48-hours if you refused BAC testing. For every subsequent DUI conviction, the court will impose a mandatory minimum jail time. If you caused an injury or fatality, the penalties are more severe.
* How much does a DUI cost? California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.
For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500.
DUI lawyers, like all attorneys, don’t possess a magic crystal ball. While a DUI lawyer can’t guarantee case outcomes, they can predict possibilities based upon the unique facts of your case and their own training and experience with DUI law. Be sure to ask you DUI lawyer these questions: 1 Is a plea agreement a possibility? How about any motions such as a pre-trial motion to suppress evidence? 2 Which factors work in my favor and which work against me? 3 Should we go to trial?
A good DUI lawyer will be able to help you understand the law, the facts of your case, and any potential defenses that may be available to you. If you aren’t familiar with how to hire a qualified lawyer, here is a good place to start. Below you will find potential questions to ask your DUI lawyer at your first meeting.
Whether you were caught driving with a high blood alcohol content (BAC) or arrested for being too impaired by prescription drugs to safely operate a motor vehicle, driving under the influence (DUI) charges are taken very seriously by the court system. Penalties are generally two-fold: both criminal and administrative (you get your license taken away in addition to fines and a possible jail sentence). But you don’t have to go through the process alone. A good DUI lawyer will be able to help you understand the law, the facts of your case, and any potential defenses that may be available to you.
Are you certified by any DUI organizations such as the The National College for DUI Defense (NCDD) or similar state bar organization? Some states, such as Arizona, have a program where attorneys can get certified as a “DUI specialist” if they pass certain tests.
While a DUI lawyer can’t guarantee case outcomes, they can predict possibilities based upon the unique facts of your case and their own training and experience with DUI law. Be sure to ask you DUI lawyer these questions:
An attorney could be the only person standing between you and severe punishment for a crime that you might have not even committed. If you only had a drink or two, you may think that the court will have leniency in your case. That’s not true; the court will pursue the harshest punishment possible.
Whether you have been arrested for driving with a high blood alcohol content (BAC) or arrested for being too intoxicated to operate a vehicle safely, the court system treats DUI charges very seriously. DUI penalties are two-fold: both criminal and administrative charges can lead to license suspension, fines, and a jail term.
A first DUI offense is categorized as a misdemeanor, and a conviction could mean up to six months in jail. However, the sentence could be longer if there are aggravating circumstances. But in most cases, first-time DUI offenders serve shorter jail sentences and spend the rest of their time performing community service or on probation.
Often, DUI cases are resolved through plea bargaining. This means that the defendant agrees to plead guilty or no contest to a criminal charge in exchange for leniency from the prosecutor.
For defendants, there’s typically no benefit to pleading guilty at the first court appearance. Normally, the plea deals the prosecutor offers on the first day are the same or worse than plea deals that come later. So, it’s best to plead not guilty initially and get a new court date a few weeks out.
A DUI charge is a serious offense. Often, insurance companies consider DUI offenders as high-risk drivers and, thus, more expensive to insure. Therefore, DUI insurance costs are higher. On the lower end of the spectrum, you can expect your annual full coverage premium to go up around $800 every year, on average.
When entering a plea deal, a DUI attorney usually costs anywhere between $700 and $1,500. However, if your case ends up going to trial, the associated costs with this legal process range between $1,500 and $4,00 on average, or as costly as $10,000 for extreme cases.
Check that the lawyer you are interviewing has a strong educational background and the right certification to adequately represent you.
DUI, or driving under the influence, is a serious offense, and can result in punishments ranging from heavy fines to jail time.
While client/attorney confidentiality means that you won’t be able to learn the specifics of previous DUI cases that the lawyer has handled, they should still be able to give you a general idea of the cases they have previously worked on and what outcomes are possible.
In general, a lawyer with plenty of experience is more likely to successfully defend your case than a new lawyer, just as a lawyer who specializes in DUI cases will likely be a better option than a generalist lawyer.
In order to find the best legal representation for your case, you will want to choose a lawyer based off several key areas, including but not limited to background and certification, legal expertise, case assessment and management and legal fees.
A good lawyer will help you understand the law, handle your case expertly, and negotiate potential penalties through an effective defense.
Facing a DUI charge can be stressful, alienating, and costly. But you don’t have to face it alone.
Most DUI DWI lawyers use one of two billing methods: either an hourly fee or a flat fee. They work just as they sound. A lawyer who bills an hourly rate gets paid for each hour worked. A flat fee is one to cover the lawyer's time.
If one of the attorneys is too busy to meet, you might have to meet with office staff instead. Don't be put off by this. Many good lawyers are busy.
DUI DWI attorneys use the term case management to describe how they handle your case. It's important to know the logistics behind the scenes so that there are no misunderstandings. Some relevant questions to ask include:
If they have, they may decline to represent you because of a conflict of interest. Finally, bring your list of questions, so you don't forget to ask anything.
If, however, you cannot decide between two or more candidates, ask for the names and contact information for a few former clients. Call them to get some first-hand feedback. Ask them:
It's to your advantage to have a lawyer who is familiar with attorneys in the prosecutor's office. An attorney with a good reputation may be able to negotiate better terms for you. An example would be a DUI conviction resulting in community service and DUI school instead of a fine or jail time.
Many attorneys are willing to meet you briefly to introduce themselves and discuss your case. This is where you can conduct an interview to see if you have found the right lawyer for you.
When dealing with DUI cases you will need a lawyer that is well experienced in this field. You will need someone who will be aggressive and skillful in representing you and defending you in court.
The track record for winning/losing these types of cases should guide you in choosing the best attorney for this type of legal defense. It would be good to know how many years they have practiced law and if they specialize in DUI cases only or if it is a small percentage of the work that goes through their firm.
Your lawyer should be able to advise you on that, depending on your circumstances. The range can vary on whether or not you have had a previous DUI conviction, how high your blood alcohol content was when arrested, and whether you were injured or killed whilst driving drunk.
You should always ask your lawyer how much they charge in terms of legal fees and expenses. This will give you an idea of whether or not this person is within your budget for what can be a very costly process if it goes to trial, and you want to make sure that they are indeed affordable.
You will need to confirm if you will pay an upfront retainer fee and, if so, how much it will be for your case specifically. Some lawyers provide free initial consultation that includes an in-depth review of all aspects related to your case.
This will allow you to see how they approach the case and their strategy, which can be different for each DUI case. Their methods must be consistent with what you want to do because if it isn’t then, there might be problems later on.
Your lawyer should be able to advise you on this, as it depends on the circumstances. Some people don’t want their DUI case to be public knowledge and would rather just have their lawyer handle everything behind closed doors, but others choose to go head-to-head and take every opportunity they are given.
This includes the willingness to take a DUI case to trial and argue it before a jury. If you do not want to plead guilty or negotiate a plea bargain, you need a lawyer willing to fight for you.
With proper training and expertise, a DUI lawyer will be better able to properly cross- examine the police officer who administered the roadside tests or chemical test and prove if the test is reliable and valid.
Unlike personal injury lawyers who work on a contingency fee basis, DUI lawyers will want payment upfront or through a payment plan. Make sure you understand the fees and total costs of your defense before hiring a lawyer.
Although many DUI offenders may believe it’s simply easier to plead guilty to their DUI charges, given the severe penalties and high fines, this is generally not a good idea. Most DUI offenders should at least meet and consult with a DUI lawyer and determine the strength of the prosecution’s case against them.
Most DUI offenders should at least meet and consult with a DUI lawyer and determine the strength of the prosecution’s case against them. Unfortunately, given the complexity, the scientific evidence, and the experience needed to successfully argue a DUI defense, it’s important to find the right DUI lawyer, one who has the right training ...
If your DUI lawyer is serious about fighting DUI cases they probably have a DUI case scheduled to go on trial. If they do this is your perfect chance to go to court and find out how well your potential lawyer performs.
Unfortunately, one of the biggest complaints from DUI defendants is that they cannot get answers or speak directly to their lawyer. While all lawyers need a dedicate support staff to help with the details and paperwork of a DUI case, your lawyer should be readily available to answer your questions.