The day that a person is arrested on suspicion of driving under the influence is very often the worst day of their life. The legal process to come, for many, is not much better than the arrest itself. This is precisely why it would be difficult to understate the importance of choosing the right DUI attorney to fight your California DUI charges.
Many of my prior posts talk about the complexities and intricacies of the criminal law process. Other posts I’ve written about talk about the potential consequences of driving under the influence which can include probation, thousands of dollars in fines and fees, a license suspension, drug and alcohol programs, an ignition interlock device, a permanent criminal record, and even jail. With so much at stake in the middle of one of the most complex processes in society, why wouldn’t a person seek the help and advice of a trained DUI attorney? You certainly wouldn’t want an unqualified doctor performing a surgery on you, or worse, attempt the surgery yourself.
So how does someone who has been arrested on suspicion of a California DUI choose the right attorney for them?
Like many things, the first step is research. Reach out to several attorneys. Many offer free consultations. Check user-based rating websites like Avvo.com or Yelp.com to see what others have said about a lawyer’s services. Check the California Bar Association’s website at Calbar.org to check if a lawyer has had any disciplinary action taken against them for misconduct. Ask family and friends for referrals. If someone you know has used an attorney in the past and were happy with the services the attorney provided, that attorney might be a good option.
However, just because an attorney came recommended from a family member or a friend on one matter might not necessarily mean that they’re a good fit for someone else’s DUI case. After a lawyer becomes licensed to practice law, they are legally allowed to practice any and all areas of law. This, however, does not necessarily mean that they are qualified to practice any area of law. Many lawyers are known as “general practitioners.” General practitioners practice everything from personal injury law to real estate law to estate planning and possibly even criminal defense, which may include DUI law. While the law, in general, is complicated, DUI law is complicated in its own right. Understanding the nuances of DUI law and the science involved is crucial in defending a DUI case. If I’m hiring an attorney to represent me for a DUI, I want a lawyer who defends DUI cases day in and day out, not a lawyer who may defend one DUI case every couple of months.
Attorneys, like other service providers, rely on people hiring them to survive as a business. As such, many attorneys are salespeople. Unfortunately, the reputation of salespeople runs true with many attorneys as well. Some lawyers will tell you what you want to hear to make the sale. They might claim that they can help because the case is a “slam dunk.” I have been practicing DUI defense for some time now and I can tell you firsthand that no case is a slam dunk. In fact, very few things in law are black and white. DUI defense lawyers don’t know the facts of the case, other than what the potential client tells them, until the first court date. In fact, many times what the potential client tells the lawyer is very different than what is in the police report. Therefore, when a person contacts a lawyer for the purpose of hiring them for representation in a California DUI case, the lawyer lacks the information necessary to predict the outcome of a case. Furthermore, it is actually illegal for a lawyer to guarantee an outcome.
Lastly, it shouldn’t come as a shock to anyone that lawyers can cost a lot of money. However, having said that, you’re paying for someone with the experience to help you make it through one of the most difficult times of your life. Make your decision to hire a lawyer based on experience, not cost. Fees for California DUI lawyers can range from $1,000 to $10,000. DUI defense lawyers almost always charge flat fees, not hourly fees. Often, the price of a DUI lawyer corresponds with their experience and what is included in the service. Sometimes, however, it isn’t. Make sure that you’re getting what you’re paying for.
Suffice it to say, it’s not an easy process to find the right California DUI attorney, but one that incredibly important nonetheless. Do your homework, make sure that the attorney is qualified, and make sure that you are comfortable with them.