what to ask dui attorney

by Dr. Broderick Brekke PhD 4 min read

How do I find a good DUI lawyer?

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? May I meet them?

Do I really need a DUI lawyer?

 · Find out if the lawyer you are speaking with will be the one to handle your case and if they are not, ask questions about the lawyer who will handle your case. Ask about their qualifications and their track record so you can make sure that you have the best person representing you. How Much Do You Charge? Money is a major factor and it will determine the …

Why do I need a lawyer for a DUI?

 · One of the most crucial sets of questions to ask your lawyer concerns their background. Here are few questions you should ask your DUI attorney to find out about their experience: How long have been working with DUI clients? How many DUI cases do you handle in a month? How regularly do you take cases to trial? Do you know the prosecutor in my case?

How to choose a good DUI lawyer?

Questions to ask a DUI Lawyer 10 Questions you should ask a DUI Attorney 01 Are you a leader in DUI Defense? Known nationwide for DUI Defense our firm is a clear leader in DUI Defense. Our President, Linda M. Callahan is consistently invited to speak at legal conferences and is the author of the acclaimed Washington DUI Practice Manual.

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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 case scenario for a DUI?

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.

How do you comfort someone who has a DUI?

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...•

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.

Can a first-time misdemeanor be dismissed?

Depends. Some misdemeanors can be dismissed if the officer or complainant do not show. Fines would be applicable to traffic crimes and part of a guilty plea with a misdemeanor.

Is a DUI a felony?

Under most circumstances, a first-time conviction for driving under the influence is a misdemeanor, but there are circumstances under which a DUI can be a charged as a felony crime. These circumstances vary by state and jurisdiction.

Is a DUI the end of the world?

It's natural to panic, it's natural to fear the consequences of drunk driving. But take a deep breath – it's not the end of the world. Especially if it is your first DUI, it is highly possible to have your charges reduced and penalties lowered.

What does DUI mean in America?

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 likely is jail time for first DUI California?

Do all California DUI convictions require jail time?DUI OffenseMinimum Jail TimeMaximum Jail Sentence1st DUI48 hours6 months2nd DUI (within 10 years)10 daysUp to 1 year3rd DUI (within 10 years)120 daysUp to 1 year4th (or more) DUI (within 10 years)180 daysUp to 3 years

Will I go to jail for my first DUI in California?

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.

Do you lose your license for first DUI in CA?

A court conviction for a first-time DUI in California automatically triggers a six-month license suspension pursuant to Vehicle Code 13352(a)(1). A Judge, however, does not impose this suspension. Instead, upon your conviction, the court notifies the DMV and the DMV imposes the suspension.

What questions should I ask a DUI lawyer?

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?

What is a good DUI lawyer?

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.

Can you get a DUI specialist in Arizona?

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.

What is a DUI charge?

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.

Can a DUI lawyer predict outcomes?

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:

What to check when interviewing a lawyer?

Check that the lawyer you are interviewing has a strong educational background and the right certification to adequately represent you.

What to ask when choosing a lawyer?

If you have trouble deciding between lawyers, ask yourself which had the most experience in the kind of case you are facing, and think about which provides the best balance of value and expertise in handling your case.

What does client/attorney confidentiality mean?

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.

Can a lawyer handle a DUI case?

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

How to find the best lawyer for my case?

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.

Do lawyers represent you well?

Good lawyers may have a lot on their plate, but that doesn’t mean they won’t represent you well if you choose them.

What does a good lawyer do?

A good lawyer will help you understand the law, handle your case expertly, and negotiate potential penalties through an effective defense.

How do DUI lawyers get paid?

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.

What to do if one of your lawyers is too busy?

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.

What to do if you cannot decide between two or more candidates?

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:

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:

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.

Do all states use the term "dui"?

Also, know that not all states use the term DUI. Here are some other terms you may hear as you talk to your lawyer:

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.

Ask About Their Experience in Handling DUI Cases

After getting arrested due to DUI criminal charges you are likely to go through a phase whereby you are emotional and afraid of the outcomes of the charges you are facing. In recent years DUI convictions have increasingly had severe penalties. For this reason it is important for you to get a qualified attorney to represent you.

Possible Defense Strategies in Your Case

No DUI case is the same. There are different facts and situations surrounding the case. When you go to an experienced criminal defense attorney they will take into account the facts, laws, and the best resolutions for your case.

Inquire about the Possible Outcomes for Your Case

Even though different DUI cases vary there is a likelihood of a judge making the same ruling on similar cases. An experienced drunk driving attorney has been in court for several cases and will be able to understand the different instances that can prompt a judge to make certain decisions.

How Long Will my DUI Case Take Before Getting Resolved?

From the time you are arrested to the time the time your case goes to trial a DUI case can take a few months before a final resolution is made. Most of the times a DUI case will take a short period of time in court compared to other cases. However, there are complex or complicated issues that could result in the case being lengthy.

Will You Go to Jail If You Are Convicted of a DUI?

Most of the times if you are a first time DUI offender you will not get a jail sentence even though in certain instances it is possible. On the other hand, if you have criminal charge history or the case is a subsequent DUI offense there is a high likelihood of you going into mandatory incarceration depending on the DUI laws in Illinois.

Who Will handle Your Case?

There are times that you will talk to the head criminal defense lawyer during an initial consultation larger firms and they will not be the one to handle your case. There are lawyers that pass on you case to another lawyer and they do not handle cases themselves.

How Much Do You Charge?

Money is a major factor and it will determine the DUI lawyer or law firm that you choose to work with. Find out out about the lawyer charge and the available payment options.

Will a Lawyer Help My DUI?

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.

What Questions Should I Ask a DUI Lawyer?

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.

How Bad is a First Offense DUI?

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.

What Can a DUI Get Reduced To?

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.

Should You Plead Guilty to a DUI?

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.

How Much Does Insurance Rates Go Up After DUI?

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.

How Much Should I Pay for a DUI Lawyer?

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.

What to ask a potential DUI lawyer?

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 lawyers 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 lawyer for you.

What is a DUI lawyer?

DUI lawyers 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.

Is it better to hire an attorney for a DUI?

The criminal justice system can move fast. In fact, it moves a lot faster than most civil lawsuits. That is why it’s so imperative to hire an attorney as quickly as possible if you have been arrested for driving under the influence (DUI). The court system takes DUI charges exceptionally seriously, and the penalties are usually two-fold. They involve both criminal and administrative ramifications, which could include fines, license suspension, and possible jail time.

Can a DUI lawyer help you?

Only an experienced DUI lawyer can provide you with accurate answers to your DUI questions. If you have been arrested for driving under the influence or drunk driving, you can be facing severe consequences and need to make some critical decisions immediately. That is why having an attorney that is skilled and experienced in DUI representations is one of the essential factors in having a successful DUI defense.

1. Do You Have Experience in Handling DUI Cases in San Jose?

The penalties for a DUI conviction have been severe in recent years. Thus, you want to make sure that you find a highly qualified lawyer on your side — one who has extensive experience in handling DUI cases in San Jose.

2. Do You Have an Up-To-Date License?

Aside from experience, you want to make sure that the attorney you choose is licensed to practice in San Jose. Some laws will differ based on your location. Therefore, you want to make sure that the lawyer you select practices locally.

3. How Will You Investigate My DUI Case?

Every lawyer will need to do some further investigation on your DUI case. It often includes a complete review of all evidence and documents produced supporting the DUI charges against you.

4. How Often Do Your DUI Cases Go to Trial and Would You Be Willing to Take It to Trial?

Most San Jose DUI cases usually are settled outside of court. This is the most favorable occurrence for the parties involved. Understanding what percentage of your prospective attorney’s cases resolve can provide insights into the kinds of deals he/she can generate.

5. How Much Do You Charge?

Hiring a DUI lawyer can be expensive. You will want to ask upfront how much the DUI lawyer charges and try to paint a clear picture of what you can afford. During consultations, you need to ask the DUI lawyer about his/her fee structure. You will need to know how he/she bills you right away.

6. Can You Provide References?

Any DUI lawyer in San Jose will try to convince you that he/she is the best for your case. Refrain from believing him/her at face value. Instead, you want to ask for references and, if you can speak with his/her recent clients.

Conclusion

When you are facing DUI charges, you are likely to be nervous, upset, fearful, and emotional about the impact that these changes will have on your professional and personal life. That said, if you have been arrested or charged with DUI, we recommend that you do not try to handle the situation alone.

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Background

  • One of the most important sets of questions to ask your attorney concerns their background. For example, is this her first case or is she a DUI veteran? Obviously, the more experienced the attorney, the higher the possibility for a better outcome. Here are a few questions to ask your DUI lawyer: 1. How long have you been representing DUI clients? H...
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Special Training

  • Many times a DUI attorney will have specialized training or an advanced certification in DUI law. You might ask: 1. Have you ever been on a DUI ride-along with a police officer? 2. 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 c…
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Fees

  • Right away, you’ll want to know how your DUI attorney will be billing you. Now is the time to ask about payment options and how often, and under what circumstances, you will be billed. Most DUI lawyers offer a free initial consultation, but be sure to clarify payment terms before your first meeting. You may also want to ask the following: 1. In addition to your standard rate, are there a…
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Outcome

  • 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 motio…
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Get Legal Help with Your DUI Case

  • Facing a DUI is a very unsettling experience. For most people, it's their first, and hopefully only, contact with the criminal justice system. Knowing which questions to ask a DUI lawyer will help you decide which legal professional you should hire. If you've been charged with a DUI, contact a local DUI lawyertoday and start preparing your defense to the charges.
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