DWI Lawyer

Finding qualified DWI lawyers who know the ins and outs of the DWI/DUI laws of your state is crucial.

Do I need a DWI lawyer?

In spite of the seriousness of your first DWI offense, you may feel that some factors exist that may help you to get a light ruling, such as no prior criminal record, a borderline blood alcohol level and no damage or injury involved, you can get away without hiring a lawyer. This may or may not be true and it is a risk that only you can judge. It is clear that DWI penalties are getting tougher every year and in many states, even first-time drunk driving offenses mean automatic jail time and worse that can effect your driving and criminal records for the rest of your life. The stakes are very high indeed.

But more important in deciding whether you need a trained attorney may be the myriad, critical, small, legal details and nuances that may end up minimizing the damage for you instead of multiplying them—if you are familiar with them and know how to use them to your advantage. For instance, most states require a breathalyzer test to be taken at the scene of the offense and this process can be inaccurate under some circumstances because it is, after all, done by a human. A qualified DWI attorney is trained in techniques that may effectively question the accuracy of these tests, a highly technical issue. Another tripwire is the report filed by the arresting officer which likewise requires a certain degree of accuracy to legally prove that you were intoxicated. There are also issues that don't have any connection to the offense itself that may be used to minimize your penalties and the effects on your driving record, such as a clean criminal and driving record to date and a lot more that can be used to get lesser charges. A local lawyer who knows the idiosyncrasies and attitudes of certain local judges may arrange to have you presented to the one most likely to look favorably on your positive side. There can always be technical loopholes in the evidence held against you and you should never underestimate the fact that under the law, you are innocent until proven guilty.

One important thing: there is usually a deadline, perhaps within days of the offense, for you to take certain actions before you automatically lose your license, depending on your state. One such is the form SR-22 which has to do with DWI insurance. It is critical that you do not miss this deadline in order to prevent your license being suspended. Again, a trained DWI lawyer will know how best to do this so it is an urgent matter to contact one as soon as possible after your offense.

Can I afford an attorney?

The cost of a drinking and driving case could average about $10,000 including court fees, attorney fees, plea bargains and everything else. Considering the possible penalties, you should ask yourself whether you can afford the damage that your offense may do to your driving privileges, your social record and your insurance premiums. If you still think that you cannot afford an attorney, you should try to find one who will help make your payments affordable. There will almost always be some good DWI lawyers who are willing to do this.

What to look for in a DWI attorney

You have the option of going to a public defender or general practitioner who may cost less and in this regard, a public defender is a better lawyer to have because he will typically have more experience in courtrooms. Your goal however should be to hire an expert in DWI/DUI laws because of the specialized nature of these cases. The best DWI lawyers will typically have a large case load of DWI cases and while this is by no means the best gage of a good lawyer, it is a good gage. They will also be well recognized in national and local defense law circles. Naturally, you can expect them to charge you the full fee. If you are tempted to go to a "discount" lawyer, you may end up with someone who takes on all kinds of cases and may not have the concentrated technical training and experience that DWI cases need. You should also ask up front what percentage of their cases they have won and how many actually go to trial. Many times, only a small percentage of cases go to court and the majority are settled in a plea-bargain. You want a DWI lawyer with experience and good negotiating skills who will be able to help you enter into a better plea bargain if required.