How To Win A Drunk Driving Case
How To Win A Drunk Driving Case: What You Need To Know
by Andrew Mishlove, Esq.
FIND A SUPERSTAR LAWYER & STAY AWAY FROM THE ATTORNEYS WHO DON’T KNOW DUI DEFENSE!
After a DUI arrest, you shouldn’t even considering proceeding without a skilled DUI lawyer. A person who represents himself or herself in court has a fool for a client. You need a good lawyer, even if you are convinced that you are guilty. Before you give up, talk to a DUI LAWS attorney right away.
REMEMBER: Despite the evidence against you, after your DUI arrest, you're still legally presumed innocent. A good DUI lawyer can evaluate the strength of the proof against you in ways that you cannot do yourself. Plus, an attorney in your area who specializes in DUI defense will be able to attack the evidence against you. How is that possible? Keep reading…
A major issue in every case is whether the police overstepped their bounds and unlawfully stopped, arrested, tested and charged you. A good lawyer will evaluate whether you were treated properly. If your rights were violated, there may be no case against you. You can find out more about your particular case by talking to a DUI attorney today.
There’s more good news about your defense. With the help of a good DUI lawyer, you can limit the damage that a DUI arrest or conviction can have on your family, your life and your livelihood. A good lawyer will direct you to the help and counseling that you may need to rebuild and restore your life after the damage of alcohol and a DUI case. Of course, what you really want to find is a good lawyer who can minimize the penalties, such as, jail and revocation. Talk to a DUI LAWS attorney today to learn more. Here’s what you need to know about how to find a lawyer who can help you:
Choose A Lawyer Experienced In Fighting DUI Cases
There are various kinds of lawyers out there, and you will need to know how to choose. In general, you will find the following:
- Public defenders.
- Discount lawyers.
- General Practitioners.
- Expensive criminal and DUI lawyers.
- Extremely expensive criminal and DUI lawyers.
Avoid the discount lawyer. You will get only what you pay for, and that won’t be much. Discount lawyers make their money by handling a high volume of cases or by maintaining unreasonably low office overhead (no secretary, etc). These lawyers are not skilled in analyzing and defending cases. Rather, they are skilled in quickly disposing of cases by guilty pleas to maintain their profit margin. Be skeptical of any lawyer who charges a retainer less than $1500.00 on a first offense, and $2000.00 on a second offense.
Avoid the general practitioner, that is, the lawyer who does some criminal work but also handles real estate, probate, divorce, wills, etc. Such a lawyer may be reasonably priced (with fees in the $1500-$2000 range), but will lack the specialized knowledge and skill necessary to defend a drunk driving case. This may be true even if the lawyer handles a significant number of DUI arrest cases. Most likely, few of these cases are fought rather than plea-bargained. Further, a lawyer who has a reputation as a fighter tends to be able to negotiate the better plea bargains, when necessary.
You are far better off with a public defender (if you qualify for such representation) than a discount lawyer or a general practitioner. Although public defenders are often overworked, they are skilled and dedicated specialists.
It is wise to choose a reasonably priced DUI lawyer (still expensive compared to a general practitioner). Be careful, however, that your lawyer is experienced with DUI cases. Many lawyers do handle DUI cases, but do not FIGHT them and do not have the special training and experience necessary to evaluate and win these types of cases. Attorneys who focus on fighting DUI cases have extensive experience in DUI law, and understand the special complexities of a drunk driving case. In fact, these lawyers will usually be far more experienced in DUI cases than the ultra-high priced pre-eminent criminal lawyers. In Wisconsin for example, these lawyers may charge retainers in the $5000.00 range, depending on the severity of the offense, with additional fees for trial. The DUI lawyer you choose should also be active and recognized in local and national criminal defense organizations such as their state bar, the National Association of Criminal Defense Lawyers (NACDL), and the National College for DUI Defense, Inc. (NCDD). Again, get a lawyer who has extensive experience in the trial by jury of drunk driving cases. Avoid the high volume guilty plea specialist.
Get the best lawyer that you can afford, not the cheapest one that you can find. Click HERE to find an experienced DUI defense lawyer in your area.
If you can’t afford a qualified lawyer, a public defender is a far better choice than a discount lawyer or a general practitioner.
You should be able to schedule a free initial consultation, where the lawyer should spend about one hour with you discussing your case. The discussion should include a recitation by you and brief analysis by the lawyer of the following issues as discussed in this article. (although not necessarily stated in that order or format).
Looking For A Lawyer?
You may wish to hire the most pre-eminent criminal defense lawyer you can find. Look for a lawyer who has held prominent positions in the bar association. Look for a lawyer recommended by not one, but several other lawyers. Look for a lawyer who is active in the National Association of Criminal Defense Lawyers (NACDL). With a little research, you will be able to find the Johnny Cochran, F. Lee Bailey or Barry Scheck of your city. If you live in a smaller community, where you cannot find a criminal defense specialist, go to the nearest large city. Expect these kinds of lawyers to charge retainers in the range of $10,000.00 and up, with substantial additional fees for trial, and more if it is for a repeat offense with a substantially enhanced penalty. Be aware, however, that some of the more famous criminal lawyers may not be experienced in drunk driving cases, as these are seen as too minor. So, make sure that you get a lawyer who understands the intricacies of a drunk driving case.