Finding the right drunk driving lawyer for you
By: Paul StankoFinding the Right Drunk Driving (DUI DWI OWI OUI) or Drunk Boating (BWI, BUI) Defense Attorney
10 questions to ask attorneys during your first consultation concerning your DUI:
- How many years have you handled DUI cases?
(You need a DUI lawyer, not a general practitioner. Ask about experience as a prosecutor or judge as well as defense experience.) - Do you devote most of your practice to the defense of drunk driving cases?
(Indiana does not recognize "specialties". Ask whether the attorney "concentrates" his practice in DUI defense.) - Have you tried (and/or presided over) at least 25 DUI trials?
(DUIs are different from other criminal cases.) - Are you familiar with field sobriety tests, breath testing, and constitutional law involving vehicle stops and defendants' rights?
(Drunk driving defense involves many complex constitutional issues. This knowledge is an absolute must.) - Have you obtained any special training in criminal defense since law school?
(All attorneys must get CLE (continuing legal education) each year, but has this attorney gone above and beyond the minimum? Has his training been in criminal defense as opposed to other areas of the law, like divorce or real estate?) - Have you taught criminal law courses, given seminars, or trained other attorneys?
(Your attorney should be respected by others for his knowledge of his field.) - Have you handled criminal appeals?
(Appellate attorneys are skilled at identifying and arguing legal issues, which is especially important in pre-trial motions.) - Do you charge "flat fees" based upon the type and seriousness of a case?
(Many attorneys charge "retainers" that only cover so many hours of work, or charge extra for trials. When the retainer is used up, they bill you hourly.) - Are you a member of the National Association of Criminal Defense Lawyers?
(Ask about other professional and academic associations as well.) - Will you be handling my case personally?
(Surprisingly, some attorneys "pawn off" their clients to "associates" and "assistants". "Less important" hearings may be handled by other attorneys. If the answer to this last question is not "yes", none of the previous answers matter!)
