what to ask an attorney representing me in a dwi case

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.

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What questions should I ask a DWI lawyer?

Case Management. 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: Are you available to represent me? Will anybody else work on my case? If so, who else will work on my case?

Do I need a lawyer for a DUI case?

When facing a DUI charge, you will likely have a lot of questions about the possible outcome of your case. An experienced DUI lawyer can give you a general picture of what to expect as your case moves forward. Here are some questions that should help give you more clarity: Can you get my charges reduced? (Beware a DUI lawyer who guarantees this. Every case is different, and …

Can I represent myself in a DUI/DWI case?

Another question to ask your DUI lawyer is whether they have any experience with DUI cases in another capacity other than as a DUI lawyer. Many DUI lawyers have been teachers, deputy district attorneys, public defenders, or police officers. This experience is often invaluable for their current DUI work. 10. Are they willing to handle your administrative hearing? Many DUI lawyers …

What should I consider before handling my own DUI case?

Apr 20, 2020 · One of the first questions you need to ask your potential attorney is about their background and experience. As there are many different types of criminal attorneys out there, finding an attorney that is experienced with DUI’s can be critical to your case and your outcome. Discussing their specific background and experience can help you gauge if they are the …

What questions should I ask my lawyer?

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...•Jan 29, 2017

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.

How long is probation for DUI in California?

three to five yearsCalifornia DUI Probation Violations Typically, people are placed on probation for a period of three to five years and are expected to complete a drunk driving program(s), pay court fines and fees, not commit any criminal offenses, and not to drive with any measurable amount of alcohol in their system.

How likely is jail time for first DUI California?

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.

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.

Why do lawyers decline to represent you?

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.

What is case management in DUI?

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:

What is the legal term for driving while intoxicated?

Also, know that not all states use the term DUI. Here are some other terms you may hear as you talk to your lawyer: Driving while intoxicated, or DWI. Operating while intoxicated, or OWI. Operating a vehicle while intoxicated, or OVI.

Is it better to have a lawyer or a prosecutor?

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.

Is it expensive to get arrested for DUI?

Being arrested for DUI can be expensive. Possible outcomes could include loss of your driver's license, increased insurance premiums, DUI school, fines, and possible jail time . And of course it costs money to hire a lawyer.

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.

Tell Me About Your Background

One of the first questions you need to ask your potential attorney is about their background and experience. As there are many different types of criminal attorneys out there, finding an attorney that is experienced with DUI’s can be critical to your case and your outcome.

What Are Your Fees?

One of the most common questions that many individuals have when talking to any attorney is: How much will this cost, and can I afford it? That’s why clarifying the billing and the fee schedule early on will help you prepare and understand how much you owe.

What Are the Possible Outcomes?

The most popular question that every DUI attorney gets is: What is going to happen to me? No attorney can give you a definite answer of what exactly will happen in your case. However, experienced DUI attorneys can provide you with feedback and options that are possible based on the facts of your situation.

Whom Do I Call With Questions?

One thing that all individuals who have been charged with a crime need to remember is the logistics behind the scenes are just as important as what is going on with the case. Knowing who is working on your behalf can provide you with clear communication and the peace of mind that your case is getting the dedication that you want and deserve.

Why a DUI Attorney?

DUI attorneys are dedicated to helping to preserve the rights of the accused. Look for a law firm that has made DUI defense a concentration of its practice. You will want a DUI attorney known not only for the dedication he or she provides to clients, but across the state for their work ethic and their DUI defense knowledge.

What should I know before I plead guilty to DUI?

Before you plead guilty, you should learn about the DUI penalties and fines in your state in order to make an informed decision. Even if you’re convinced you should plead guilty, it’s always possible that a DUI attorney might offer advice or counsel that could affect the severity of your sentence.

What is sentence bargaining for DUI?

In addition to plea bargaining, most states have "sentence bargaining.". Sentence bargaining for a DUI is extremely useful where a guilty plea might result in a long period of incarceration. For example, you might be willing to plead guilty to a second DUI but only if you know what your sentence will be. The same is true with an aggravated DUI case ...

Can a DUI attorney use a low BAC?

In that case, a DUI attorney may be able to use your low BAC to achieve a better plea bargain your case. And if you have a high BAC, there's generally more at stake, so the assistance of an attorney may be even more critical.

Do you need a DUI attorney for a second DUI?

Even if you handled your first DUI by simply pleading guilty, you will most likely need the assistance of a DUI attorney for subsequent DUI charges. That’s because second, third, and fourth DUI offenses almost always involve jail time, as well as far more serious bail bonds and penalties. Hiring an experienced DUI attorney has many benefits—lawyers have familiarity with the court system and the prosecutors, knowledge of what plea bargains and sentence bargains are available, and the ability to navigate complex administration procedures. These benefits are especially important if you are a repeat DUI offender. Read our article on case outcomes and costs for drivers arrested for DUI repeat-offenses.

Does an attorney's fee pay for itself?

And consider this: If your attorney bargains down your sentence so that you have lower fines and no requirement to install an ignition interlock device (IID), your attorney's fee could pay for itself. Generally, defendants seem to get better outcomes when assisted by an attorney.

Can I represent myself in a DUI case?

Yes, it is possible to represent yourself in your DUI/DWI case. You can post bail, plead guilty or make a plea deal and, if you're lucky, you might achieve the same results as an attorney. However, that's a best-case scenario. Here are five things to consider before handling your own DUI.

Can you lose your insurance if you have a DUI?

You can expect your insurance premium to rise dramatically after a DUI conviction. It may not only quadruple, but you could also lose your coverage entirely. And proof of auto insurance is mandatory in most states, which means that without coverage, you could have trouble getting to work every day. Additionally, many employers require workers to carry their own insurance coverage, which may mean losing your job completely if it involves driving. An attorney might be able to reduce charges or negotiate a plea deal that doesn’t result in your losing insurance or having your insurance rates skyrocket.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.