what to ask you legal defense lawyer for a dwi case

by Mr. Jabari Greenfelder 10 min read

Ask about the number of DWI cases the lawyer has defended in the past and how long the lawyer has practiced in that area of law. Remember- ask about the number of cases the LAWYER has worked, not the number the firm has worked. Some big firms pool their numbers to make them sound more experienced.

Ask about the number of DWI cases the lawyer has defended in the past and how long the lawyer has practiced in that area of law. Remember- ask about the number of cases the LAWYER has worked, not the number the firm has worked. Some big firms pool their numbers to make them sound more experienced.Feb 17, 2020

Full Answer

What questions should I ask a DWI lawyer?

If you find yourself being arrested for DWI, you need to contact a lawyer immediately. The penalties for a DWI can be severe, and an attorney might be able to minimize the impact of the situation. Here are the 7 questions to ask a DWI lawyer: 1. What's Your Experience in DWI Defense?

How can I prepare for a DWI case?

Private investigators, crime scene specialists, video analysts, former law enforcement officers, etc. Ask your lawyer if they have a good network of experts and if they may be necessary in your case. 3. What Are The Possible Outcomes? Knowing the possible penalties for a DWI helps you prepare for what's to come.

Do I need a lawyer for a DWI charge?

If you find yourself being arrested for DWI, you need to contact a lawyer immediately. The penalties for a DWI can be severe, and an attorney might be able to minimize the impact of the situation. Here are the 7 questions to ask a DWI lawyer:

Can I Have my DWI conviction non-disclosed from my record?

In Texas, you may be eligible to have your DWI non-disclosed from your record. It can stop employers and agencies from seeing the conviction but certain criteria must be met. An experienced DWI attorney may also be able to get you a lighter sentence, have the charges reduced, or dismissed completely.

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What questions should you ask your attorney?

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...•

What is the best defense for DUI?

The Best DUI DefensesSuspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. ... Breath Alcohol Testing Can Be Inaccurate. ... Illegal Stop of Person or Vehicle. ... Field Sobriety Test is Inaccurate or Invalid. ... No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.

What are the consequences of a DUI in California?

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.

What procedural defenses are available in a driving under the influence case in Texas?

These defenses can result in a reduction of the charges against you to a less serious crime, or may even result in your being found not guilty....Field Sobriety Test DefensesOne Leg Stand Test.Walk and Turn Test.Horizontal Gaze Nystagmus Test.

How do you beat a DWI in Texas?

To beat a DWI charge in Texas, you must assert and protect your constitutional rights. You must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can't win if you don't fight.

Is jail time mandatory for DUI in California?

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.

How much does a DUI attorney cost in California?

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.

What happens at a DUI court hearing in California?

The court will also read the full charges against you, but if you have a lawyer your lawyer will typically ask to waive this in order to save time. You will also be read your rights, including the right to a lawyer and the right not to incriminate yourself. In some cases, the arraignment will also determine bail.

What to do if you are arrested for DWI?

If you find yourself being arrested for DWI, you need to contact a lawyer immediately . The penalties for a DWI can be severe, and an attorney might be able to minimize the impact of the situation. Here are the 7 questions to ask a DWI lawyer: 1.

What is local experience in DWI?

A local lawyer with experience in DWI cases will know how particular judges or prosecutors approach similar cases.

How long does a DWI last?

The jail time and fines are only part of the impact that a DWI has. You'll likely lose your license, possibly for up to 2 years. If your employer finds out about the charges, it could affect your employment. It could also affect your standing with schools, organizations, and other agencies.

Why do lawyers drag out cases?

Sadly, some unethical lawyers may drag out a case for long periods of time just to rack up more "billable hours" on your case. Since you're charged for the actual amount of time the lawyer spends on your case, they have little monetary incentive to get your case handled.

How much is the fine for a second DWI?

For your second DWI, the fine jumps to $4,000 and jail time could be 1 month to 1 year. Your third DWI can cost you up to $10,000 in fines and 2 to 10 years of state jail time. If you have a child under the age of 15 with you, the fine can be up to $10,000 with up to 2 years of jail time. Additional charges can add to the fines and jail time.

What does it mean to hand off a case to a paralegal?

Most larger firms focus on volume of cases. That means they have a lot of staff to pay for and pass around cases to associates, paralegals, or others to handle. This is a common practice in larger firms with multiple law partners. So, it's not unusual for the lawyer you initially meet to hand off your case to a paralegal who will then do most (if not all) the work on your case. You may never even speak to your lawyer again! It also means you won't get a lot of personal attention to your case, since yours is just one of probably dozens they have going at any given time.

Is 0.08% a DWI in Texas?

Driving with a blood alcohol concentration of 0.08% or higher is considered a DWI in Texas. The good news is that Texas had a 33% drop in DWI arrests in 2019, according to the CDC. The BAD news is that there are still thousands of DWI arrests in our state.

What questions should I ask a DWI attorney?

Some of the questions you should ask the attorney are: 1 Do you have experience defending DWI cases? 2 How many DWI cases have you defended? 3 What results have you been able to get in similar situations?

What to do when you have a DWI?

When you have a DWI, like in chess, you must make the best moves. When hiring an attorney, make sure to hire someone who has experience in the court where you are being charged .

Can I meet an attorney at a consultation?

When you go to your consultation, you might not meet the attorney who is going to be in charge of your case. So for you to be informed and comfortable when hiring your lawyer, ask them.

What to expect from a DWI attorney?

If you’ve never hired a DWI attorney or been charged with driving while intoxicated, you may be wondering what to expect from the process. The best lawyers will walk you through everything before you hire them. They should let you know about the arraignment, filing of motions, hearings, trial, administrative license suspension hearing, and more. You might also want to ask their opinion about pleading guilty, going to trial, etc.

What happens if you are arrested for driving under the influence?

If you’ve been arrested for driving under the influence, you’re probably overwhelmed by wondering what the future holds. You may be feeling helpless and wondering what to do next or who can help.

What happens if you are charged with driving while intoxicated?

When charged with driving while intoxicated, you are also dealing with a civil administrative driver’s license suspension. Often times attorneys charge extra for representation in this matter or for obtaining an occupational license for you in the event your license is suspended. Make sure the fees for these items are included in the quote for representation.

Do lawyers charge for a consultation?

Though most lawyers don’t charge for a consultation, there are some who do . In that case, you’ll have to pay for the meeting even if you don’t hire them for your DWI defense. Make sure you know what you’re getting into by asking if the consultation is included in the fee before you schedule the appointment.

Choosing A Lawyer

DUIs are processed in criminal court, which means the process will move a lot faster than civil cases.

Key Questions To Ask A Potential DUI 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.

Question 3: How Do You Manage Your Case And Potential Outcomes?

Once you’ve determined that the lawyer is well-qualified to handle a DUI case, you can discuss the specifics of your case.

Question 4: How Much Are Your Legal Fees And How Do You Handle Logistics?

Once you’ve determined whether a lawyer is a good fit for you and what you can expect from your case, you may want to ask a couple more questions to get down to the nitty-gritty of working with this specific lawyer.

Get The Legal Representation You Need

Facing a DUI charge can be stressful, alienating, and costly. But you don’t have to face it alone.

What to know before hiring a DUI lawyer?

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.

Can a DUI defendant speak to their lawyer?

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.

Do DUI lawyers pay upfront?

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.

Is it better to plead guilty to a DUI?

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.

Should I consult a DUI lawyer?

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 ...

Do DUI lawyers go to trial?

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.

Do DUI cases need to be pleaded out?

Do some DUI cases need to be pleaded out? Of course, but too many DUI lawyers allow their clients to plead guilty without any real investigation of the DUI evidence. Make sure you hire a lawyer who believes pleading guilty is the last option, not the first.

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What Is Your Experience with Dwi Cases?

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The legal system in the United States is incredibly complicated, with many different areas of specialization. That is why it’s important to work with an attorney who primarily, or exclusively, handles DWI cases. A lawyer with this specialization will be up to date on case law and precedents. He will have a number of tactics and appr…
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Who Else Will Work on My Case?

  • It’s likely that if you work with a major DWI law firm, you will have a consultation with a senior attorney. It might even be the bigwig whose name is on the stationery and those giant billboards along the freeway. After that initial consultation, it can come as a shock to some people when they don’t talk to that particular lawyer again during their case. What happens is that senior attor…
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What’s Your Track Record?

  • Your attorney, if he or she is successful, will be eager to tell you about his or her win/loss record. And the wins should greatly outnumber the losses, of course! In fact, most lawyers don’t even accept cases that they don’t feel they can win. After all, they don’t get paid unless they win their cases! (More on this later.) So they aren’t going to commit to a DWI case and all the work that go…
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Are You Familiar with The Court?

  • As hinted at above, how your case shakes out may depend on which court you go to and what judge is presiding. Attorneys should be familiar with the particular court and judge that will see your case. They will tailor their approach to that judge, based on previous experience trying cases before him or her. If the attorney doesn’t have familiarity with the judge, he or she will do whatev…
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How Do You Like to Communicate with Clients?

  • Attorneys are busy people. Because they are so often meeting with other clients and appearing in court, it can be difficult to get them on the phone. Your attorney may find email or even texting more convenient. Or they may have a secretary, paralegal, or associate contact you when there are new developments. Of course, you have a say in the matter too, but you should ask about co…
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Do You Have Specialized Training?

  • It makes sense for attorneys who are handling DWI cases exclusively to stay abreast of continuing education and to pursue advanced certifications in DUI law. Such certifications could come from state bar organizations or DUI organizations like The National College for DUI Defense (NCDD). Many attorneys have also completed the National Highway Traffic Safety Administration (NHST…
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How Much Will You Charge Me?

  • Of all the questions to ask a DWI defense attorney, this is probably the one that you’re most curious about. As we mentioned above, attorneys generally work on contingency plans. This means that they don’t ask for a retainer or any fees upfront. It never hurts to double check, however. And it’s a good idea to ask about court costs, the costs involved in hiring experts, and a…
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Final Thoughts About Hiring A Dwi Defense Attorney

  • Now that you have prepared for the consultation with a DWI defense attorney, you are probably feeling a bit more relaxed. That’s great! And as a matter of fact, the attorney will most likely go out of his or her way to reassure you, bring up any matters you have forgotten, and explain the process in detail. If you have been arrested for DWI in the Houston area, give Madrid Lawa call t…
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