Should You Get a DUI Attorney?

Whether to get an attorney for a DUI depends on many factors. You will especially benefit from having an attorney when navigating a more serious DUI charge, as opposed to a first DUI. Still, there are instances when hiring an attorney will make little difference in the final outcome of your case.

The article discusses getting an attorney for a plea bargain and to reduce your sentence. It also describes when you can probably safely proceed without an attorney after a DUI charge.

If you decide to hire a lawyer to challenge DUI charges, choosing the right lawyer will be the next step. You can compare DUI lawyers near you with FindLaw’s attorney directory. Choose your state or city to see a list of local lawyers, their years of experience, and their contact details.

The Stakes of a DUI Conviction Are High

DUI/DWI charges are criminal charges. As with any criminal law case, you’ll want to consider your defense strategy carefully.

Here are just a few of the consequences you may face in a DUI case:

• A DUI police report would show up on your criminal record, affecting background checks and any future criminal cases.
• You may get a significant jail sentence or hefty fines based on factors like your blood-alcohol concentration (BAC), your criminal record, or whether anyone was killed or severely injured.
• You’ll probably lose your driving privileges for a set period.
• You may need to install an ignition interlock device (IID) in your vehicle after a period of license suspension, depending on the DUI laws of your state.

If there are aggravating factors, a lawyer may be necessary. If you are facing DUI manslaughter, DUI murder, or a DUI that caused serious bodily injury, your legal proceedings will be more complex. You will face jail time, large fines, and lengthy or permanent license suspension.

Since DUI cases involve a wide range of sentences, judges and prosecutors have some flexibility when deciding the exact penalties or charges in a case. This creates an opportunity for DUI defense cases. A lawyer can look at ways to lower or avoid these negative outcomes.

How Can a DUI Lawyer Help Me?

Depending on the case, a DUI lawyer’s role can involve:

• Checking all the evidence, including the procedures and probable cause for your DUI arrest, to protect your rights
• Challenging the validity of any field sobriety tests and chemical tests administered in your case
• Seeking ways to lower the charges, reduce penalties, or avoid jail time
• Explaining how DUI law and the legal system work so you are fully informed about your case
• Advising you on how to apply for a restricted driver’s license that will allow you to maintain a job, attend school, and begin a substance abuse treatment program

DUI laws vary by state and even county. Having a DUI defense lawyer specializing in DUI law can be very helpful in navigating your DUI offense. It’s important that they have experience in the city or county where the arrest took place. Your lawyer will know what your options are and provide you with legal advice.

Using an Attorney for a DUI Plea Bargain

If your case isn’t a slam-dunk case for the prosecution, a plea bargain may be possible. The state might want to accept your plea to a lesser charge instead of spending its resources in an uncertain trial.

Some plea bargains happen without legal assistance. But experienced DUI attorneys understand how to negotiate with the prosecution. A prosecutor with a weak case may try to bluff to get a guilty plea when a plea bargain would be more helpful for you.

So what would a reduced charge be in your case? In most instances, reckless driving will be the lesser charge. Some states, including California, also have what is called “wet reckless.” This acknowledges the impairment but carries a lighter sentence than a DUI and doesn’t require jail time. Keep in mind that a wet reckless conviction may still be considered a prior DUI offense if you’re charged with a second offense.

Using an Attorney To Reduce Your Sentence

Courts in most states are willing to bargain down a DUI sentence in exchange for a guilty plea under the right circumstances. For example, you may be facing charges for a second or third DUI. That could land you in prison for a few months or years. Instead of taking your case to trial, the prosecution may be willing to reduce your sentence in exchange for a guilty plea.

If your case is a DUI charge involving drugs other than alcohol, an attorney may be able to negotiate away random drug testing or other conditions of probation.

As with plea bargaining, sentence bargaining goes much smoother when handled by an attorney. Keep in mind, though, that it’s difficult to negotiate the sentence for a first offense, non-injury DUI case.

Using an Attorney for Criminal Trial Defense

While the majority of DUI cases end in a plea deal, a “not guilty” plea might be appropriate in certain situations. A defendant may wish to fight the DUI charges in a trial. Winning the trial can stop a DUI conviction, but there is a risk of higher penalties if you lose.

An attorney with trial experience can help you evaluate whether your case might fit this option. If so, they can also help you with the paperwork and procedures in court.

How Much Does a DUI Lawyer Cost?

The cost of legal help for a DUI charge will vary and depends on a number of factors, such as:

• Location of your case: A New York DUI lawyer may cost more than one in Kansas because the local economies differ.
• Complexity of your case: DUI charges are case-specific. The fees will vary based on the amount of work needed to represent your case (for example, a first-offender vs. habitual offender).
• Demand for the attorney: Not all lawyers are the same, and they can set their own rates. A lawyer with a strong track record of favorable outcomes might charge higher fees.

DUI convictions usually cost thousands of dollars in various fees, fines, and other expenses. Hiring a lawyer may be worth it if you’d gain a better chance to avoid the bulk of those expenses.

In all cases, it is wise to consult with a variety of DUI attorneys in your area to find one who makes you feel comfortable. You can also get a sense of the cost involved in fighting your case and your likelihood of a successful defense.

When You Probably Don’t Need a DUI Attorney

You probably don’t need the help of a criminal defense attorney if there weren’t any injuries arising from your DUI or if there’s a very high probability that you will be convicted of a DUI. In these situations, you’ll likely plead guilty or no contest and then be subject to the standard sentence and administrative penalties.

The chances of a conviction are probably high if:

• Your BAC was much higher than the legal limit
• The arresting police officer has other evidence of impairment, such as erratic driving, the smell of alcohol on your breath, or slurred speech
• You admitted to drunk driving at the traffic stop

Even if your case fits this general description, some factors still call for legal representation. Suppose you need more clarification about the prospects of your case, or want to know about alternative punishments like an alcohol treatment program. An experienced DUI lawyer may be willing to provide a free initial consultation and legal advice.

Private Lawyer vs. Public Defender

In a DUI criminal case, you have the right to an attorney. This means that if you can’t afford to hire your own lawyer, the court can appoint a criminal defense lawyer to your case. The appointed lawyer is called a public defender.

Both types of lawyers will have a legal duty to seek the best possible outcome for you, but there are a few differences between them, such as:

• Public defenders provide counsel for free, whereas private lawyers charge attorney’s fees and often arrange payment plans for clients.
• You can’t choose your own public defender, but you can compare private attorneys to find the one you like best.
• Public defenders usually have high caseloads to manage, but private lawyers control how much time they can devote to their clients’ cases.

You can request a public defender at your arraignment. You must apply and qualify to have a public defender appointed to you. Courts generally determine eligibility based on income.

Using a public defender also doesn’t eliminate all costs of your case. You may still need to pay the other costs of a DUI, such as bail, fines, court costs, and higher insurance premiums.

If you are unsure whether a public defender is the right option, consider seeking a consultation with a qualified local attorney to determine whether private representation is the right option. An initial consultation is often free.

Meeting With Possible DUI Lawyers

As you choose a lawyer for your case, consider the following questions:

• How long have they been representing DUI clients?
• How often do they take cases to trial?
• Are they certified by DUI organizations such as the National College for DUI Defense (NCDD) or a similar state bar organization?
• What are their fees? Do they offer payment plans? Are there any extra fees your lawyer will expect you to pay, such as expert witness fees or blood sample re-testing?
• Are they familiar with the prosecutor in your case? Do they usually practice in your county?
• What defense strategy would they likely pursue in your case?

You should also bring copies of any police reports and results from Breathalyzer or blood tests to your consultation. This information can help you get the most accurate insights and advice as you meet with potential attorneys.

See Your Options: Contact a DUI Defense Lawyer

Deciding whether to hire a lawyer can be challenging if you’ve been charged with drunk driving. This is true whether you’re dealing with a first-time DUI offense or navigating a plea deal for a second offense.

Given the consequences of a DUI conviction, it’s usually a good idea to at least consult with a local DUI attorney. A DUI lawyer is familiar with DUI laws and driving laws. A DUI defense attorney can help you challenge evidence, such as the test results of a Breathalyzer test.