What Your DUI Lawyer Actually Does: The Truth From A DUI Attorney

In most states your information is publicly available to some attorneys that specialize in DUI defense when you are arrested and booked. Therefore, your mailbox will likely be filled with many letters, flyers, and brochures from DUI defense attorneys offering you their services. Some may even make their solicitation letters look like official documents, be wary. First of all, solicitation by such attorneys is illegal, however if its simply an advertisement then it can be legal depending on your state. Many of these attorneys will promise you things that are simply unlikely to occur.

What Your DUI Lawyer Actually Does: The Truth From A DUI Attorney

In most states your information is publicly available to some attorneys that specialize in DUI defense when you are arrested and booked. Therefore, your mailbox will likely be filled with many letters, flyers, and brochures from DUI defense attorneys offering you their services. Some may even make their solicitation letters look like official documents, be wary. First of all, solicitation by such attorneys is illegal, however if its simply an advertisement then it can be legal depending on your state. Many of these attorneys will promise you things that are simply unlikely to occur.

When the world is crumbling around you, you may jump at one of the ads that inform you how they can get your charges immediately dropped. This is likely a tall tale. The ads will tell you the attorney wins 99% of their cases and will come with a great deal of testimonials. Sure these lawyers are telling the truth that they win 99% of cases. That is that rare chance the case even goes to trial. A majority of cases concerning DUI’s never make it to trial. Also if this is your first DUI we walk you through the steps of what you can expect in a different article here.

Selecting an Attorney: The Steps

When you select an attorney you usually pay them a retainer (aka an all-inclusive price). Technically you are supposed to be able to have unlimited visits, talks, advice from your attorney. This price is not based on how much you would pay each time you delay your court appearance, thus if your case lasts an entire year, you wouldn’t have to pay increased costs. However, if your case actually gets to court and not delayed or pushed back will likely cost extra. Most DUI cases don’t go to trial is because the lawyers have been paid. The attorneys have researched the classes you need,  you have looked over the interlock, checked your insurance premiums, and have been informed you that you have 0 shot at winning the case. Once you add all those costs together you likely do not want to spend extra money on a losing case. The purpose of your attorney in a DUI case is to get you the best settlement as they can, or influence the judge enough to reduce your charges or sentence. They also handle all the paperwork, issues with the DMV and anything legally you probably do not want to deal with at this point in time.

After you have paid your retainer do not be shocked or worried if you do not hear from your DUI lawyer for a long period of time. Your attorney is working, even if he doesn’t contact you for like two weeks. It is also possible that the person you initially met with or the person who is the partner or owner of the firm is not your actual DUI lawyer. When you hire an attorney, you basically hire their entire team, and one of the member of the team will be selected to represent you and handle your case. Make certain to read the retainer agreement before signing. If you’re not a fan of your new appointed attorney feel free to tell the firm you would like a different attorney, or as we advise confirm with the attorney which lawyer will be the one representing you throughout your case.

What Your DUI Lawyer Does

These are the first things a good attorney (if you need help picking one we got you covered) will do for you and the steps your hearing will take:

  1. Schedule your hearing with the DMV (There is usually 10-15 day period to do so or your license is automatically suspended for 4-6 months)
    • Any hearing scheduled lets your retain your driving privileges until your hearing.
  2. The attorney should also file for your suspension to be spit into two sections (you can ask them about this)
  3. Once the DMV hearing comes, don’t expect something amazing. The DMV procedure is a simple formality. There is not real arguments done by either side. The hearing basically confirms whether the stop was valid legal stop and whether you BAC was over the limit. (In some states this hearing is done over the phone)
  4. SILENCE: You likely will not hear from your attorney until your first hearing date. This may be frustrating and your attempts to contact the attorney may end up on deaf ears. DUI Lawyers at this point in the process are guiding you and your case, but they are not arm in arm by your side.
  5.  Hearing 1: Your attorney will take your charging documents in your case and you will also receive your first plea offer from the prosecutor’s office. At this point you will also see the officer that arrested you for your DUI. Do not be taken aback if what is written is not exactly what occurred during your arrest. Police tend to embellish exactly what occurred.
  6.  Choices: So now you’re at your first fork in the road. You can take the first plea deal or enter the discovery phase of the case. Going to discovery means the prosecutor will present all the evidence they have against you and your attorney will spin the evidence to protect you. Going to discovery also means that the prosecutors first plea deal could be rescinded. However, it also means additional evidence could surface that can help prove your innocence or reduce your charge. If you decide to plead out you fill out some paperwork and are now officially a convicted criminal, after your sentencing. If there are harsher punishments then the usual community service and interlock system then your attorney will be arguing with the court in your defense.
  7. If you selected discovery your dui lawyer will look over all the evidence hoping for some type of faulty move by the officers, which could be ground for dismissal of the case. Once the hearing is underway you have the sickening feeling something bad is about to happen. And your right. You get to watch your entire DUI arrest encounter with the police including sobriety tests which we told you not to do, your conversations with them, and everything else, in court in front of the judge and the attorneys. After this you’ll meet with your dui lawyer and decide whether to press on or to take a plea. Remember the decision on whether to take a plea or to fight on is solely yours.

Our advice is to talk to a number of different dui lawyers before selecting one, over educate yourself online, trust your instincts and pick the firm that you believe will work best for you.

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