In many states, driving under the influence (DIU) is a crime, so the charges are usually handled in a court of law. While you have the right to represent yourself, many defendants prefer to hire a drunk driving accident attorney in Huntsville or even allow a public defender who is appointed by the court to represent them.
After all, it’s a good idea to have an experienced DUI attorney when you are charged with a crime. Ideally, you need to seek the services of a qualified and experienced DUI attorney immediately after you are charged with DUI. Unfortunately, it can sometimes be hard to find a good and reputable lawyer. This article explains how to choose the best driving under the influence attorney.
What you should do after been charged with DUI
It’s important to know that DUI can be a serious case in many jurisdictions, so you need to know all the available options for you. Here are some of the things that you can decide to do after being charged with DUI:
Get an attorney’s opinion about the case
It can be hard for you to determine the strengths and weaknesses of your DUI case, especially if you have no training or legal experience. DUI law not only complicated but also keeps on changing. Worse still, each case has unique facts, so getting the opinion of a DUI attorney can be important.
Many DUI attorneys provide prospective clients free consultations. However, even if you must pay a small fee, it’s worth it to spend that money. You need to take with you the police report and other case documents in your possession to have a successful consultation. It’s also a good idea to bring you some questions that you need to be answered.
You don’t need to hire a DUI lawyer you consult with. However, face-to-face consultation can be a good way of judging whether things can work out with the lawyer you are contemplating hiring.
Cases that may not need an attorney
Prosecutors can sometimes have a plea offer for a standard first offense. This means they can offer any person a standard first DUI plea deal, which may be the lower side of the allowable first-DUI sentence. Remember that an offense is regarded as a standard first DUI if you don’t have prior DUI conviction, and the offense doesn’t involve some aggravating factors like injuries, accidents, or any specific high blood alcohol concentration.
In most cases, this standard can be the same regardless of whether or not a public defender, private attorney, or not lawyer is representing you. Therefore, it appears that hiring a lawyer in a standard first DUI case cannot be worth it. This holds true in some DUI cases, but the standard offer is usually only the starting point.
An experienced drunk driving accident lawyer in Huntsville can play down this standard offer by highlighting the weaknesses of the prosecution case or even bring some mitigating factors to the attention of the prosecutor. A lawyer’s familiarity with some local practices, the judge, the district attorney may also help when it comes to negotiations.
Accepting a standard offer can also be a bad idea in some cases when you have good defenses. But it can be hard for you to know these defenses if you are not represented, so it’s important to get an opinion from an attorney.
Allow a public defender to represent you
In most cases, every criminal defendant has the right to a lawyer. Therefore, if you can’t afford to hire an attorney, then it means the court of law may appoint one for you. Appointed lawyers usually come from the office of the public defender.
Public defenders can handle a wide range of criminal cases, such as DUI cases. Therefore, many public defenders are pretty familiar with DUI defenses and law. Public defenders are usually acquainted with many judges, district attorneys and understand their tendencies, so they have knowledge that can be crucial for plea bargaining. Also, public defenders tend to have great trial skills since they take many cases to trial.
But to have a public defender to represent you has its problems. For one, public defenders usually handle tons of cases. Hence, some defendants think that their cases are not getting enough attention. You also don’t have the chance to choose the public defender, meaning you get what the court offers. Representation by a public defender is also limited to criminal courts. A DUI arrest usually leads to two proceedings which are a criminal court case and administrative proceedings that are handled by the Department of Motor Vehicles. So if you have a public defender, it means you need to handle the Department of Motor Vehicles yourself.
You can hire a private attorney
Once you decide to hire a private DUI attorney, it’s usually to represent you in criminal court and the Department of Motor Vehicles proceedings. Having the same lawyer to handle both aspects of the case can lead to successful outcomes that include a shorter license-suspension period.
Many DUI defendants feel the major challenge with private attorneys is the price. If the case goes to trial, the price can even be more expensive. Keep in mind that there are also some cases where spending lots of money on a private attorney may not even give you a positive outcome compared to having a public defender representing you.
But having a private attorney can be worthwhile, especially if you can afford one. When you decide to hire an attorney, you can decide who that lawyer will be. Lawyers with the experience and specialization in DUI cases usually have a good understanding of DUI defenses and law that other lawyers don’t have. In most cases, this experience and expertise may lead to better satisfactory outcomes and even a better plea bargain or even dismissal of the charges.
Having a private attorney can also reduce the time you need to spend in the court of law. In some places, clients of public defenders must appear in court for the hearings. On the other hand, with private attorneys, you usually don’t need to appear for routine court appearances. Many people, especially those with busy schedules, the chance not to miss work to appear in court is a huge relief.
Another benefit if hiring a DUI attorney is that you can have more one-on-time than you may with a public attorney. Many people can feel more comfortable with their DUI cases when their concerns are addressed and questions answered.
You need a DUI lawyer to go to trial
While you can represent yourself in a DUI case, it’s always not a good plan. There is a steep learning curve for trial practice and it usually comes with considerable experience. So a lack of trial skills and legal knowledge can put you at a significant disadvantage in court. And, most judges have limited patience for defendants who represent themselves and don’t know the court rules. The bottom line is that you should avoid representing yourself in a DUI case and if you are going to trial, you must find a lawyer.
How you can hire the best DUI attorney
It’s worth noting that a DUI can have a huge impact on your daily life. It may affect most of your driving privileges, employment, and it can even mean possible jail time. Therefore, it’s important to seek the right options immediately. It’s crucial to come up with the proper plan to handle the legal battle that relates to fighting the DUI arrest. Below are some ways you can use to find the best DUI attorney:
Create a list of potential lawyers
You can find several resources out there to assist you find the best DUI attorney. By finding personal recommendations and even researching on the internet, you can begin to file up the list of some best attorneys you need to meet. Like most key decisions in life, you need to do due diligence and research the available options before you decide to hire the DUI attorney.
When it comes to personal recommendations, a good place you can begin your search is by asking for recommendations from family and friends. A recommendation from someone you trust and has previously used the services of the DUI attorney is perhaps the right way to go. Your trusted friend or family can provide some good information about the overview of the process, how the lawyer performed, and what the outcome was.
Also, you can get an idea of the total costs required to hire an attorney. Remember that not every DUI case can be the same, so the information you get from a friend or family member may be subject to changes based on the type of your case.
You can also opt to hire a lawyer you used in another case. This means that an attorney who handled any other type of case can also be a suitable resource. Lawyers can refer you to their colleagues who specialize in criminal defense since they have a network of lawyers.
However, if you don’t feel like asking a friend or family is a good idea, then there are other ways you can use to find the best DUI attorney. There are DUI Defense associations and the National Associations that defense attorneys belong to find the right lawyer to represent you. There can also be a statewide association of DUI attorneys in your state that you can use to search for a lawyer. When you have a list of attorneys, you can check each attorney’s website or even contact them to get more details about them.
Figure out whether the lawyer is qualified to handle a DUI case
After doing the preliminary research, then it’s time to consider the qualifications of each attorney so that you can choose the best one. You need to check the lawyer’s educational background, the areas of specialization, and their standing with the state bar.
You need to make sure that you choose an attorney who is licensed. Keep in mind that only a licensed lawyer can represent you in the court of law. To find out whether the attorney you desire to hire is licensed to practice in your state, then you must check the State Bar website in the state you live in.
Hiring a lawyer from another state can bring some challenges. In other words, the lawyer is not licensed to practice in your state, though licensed in another state. This means that the attorney can decide to hire a co-counsel to handle the case locally, but this can be more expensive in the end.
There are several benefits to hiring a local lawyer. For instance, a local lawyer can know and be familiar with the judges, courts, and prosecutors who are handling your case. It is to your benefit that the judge hearing your case respects and knows the attorney handling the case on your behalf. This may mean a less harsh sentence or even the dismissal of the case.
The DUI ethical record is another important factor you need to consider. You need to investigate if the lawyer has any disciplinary action that was taken by the state against them. Even better, make sure that the attorney is also a member with a good reputation in the state where you reside. You can find a lawyer’s disciplinary records at the State’s Bar site as they are available to the public. Therefore, you need to be concerned when you find out that the attorney has a history of malpractice.
In conclusion, it’s always a good idea to hire a lawyer with a lot of experience and training in DUI cases. While criminal defense lawyers can handle a wide range of criminal cases, it can be to your benefit if you find someone whose only focus is on DUI cases. This is because they can have a deeper knowledge and understanding of the DUI laws.