Guide to Finding DWI Lawyer

A DWI (Driving While Intoxicated) differs from DUI (Driving Under the Influence), and each offense can deal with either alcohol and/or drugs. The severity between the two terms differs from state to state, but a DWI is usually more serious than a DUI. Some lawyers specialize in defending these types of cases, and some will try to schedule a private hearing or one with a jury. It all depends on the case. Overall, it is usually a lawyer’s job (at least one who specializes in this area) to get the severity of the charge reduced.

What to tell your DWI lawyer

It is best to be completely honest with your lawyer and recap exactly what happened the night of the DWI. For example, can it be proven that you were in fact driving the vehicle that night, or were you simply inside of your car? You must be certain of how the police officer initially approached you. Also, how did the police officer go about determining that you were absolutely driving while intoxicated? Did he first give you a field sobriety test, have reasonable suspicion that you were intoxicated, and then offer you a breathalyzer test? Did you refuse a breathalyzer? Did the police officer then give you your rights and conclude that you need to take a blood test or urine test? All of these steps are crucial in determining whether your DWI Lawyer has a case to work with. It may also become important to tell your lawyer what was happening the night before you got pulled over or what circumstances may have provoked you to take a risk.

Where to look for a DWI lawyer

A public defendant will be offered for your case if you choose not to look for a lawyer by yourself. If you choose to hire your own lawyer, the process of finding a defense attorney for a DWI is usually fairly easy. You may also use this site to find a lawyer who specializes in DWI cases. You can use the search box on the top of all pages, and you can compare lawyers and ask free questions by clicking “Find Lawyers.” It may be a good idea to look at your state laws regarding DWI charges before looking for your lawyer. You can find individual state laws on this website as well.

What should I look for in my DWI lawyer?

First, it is important to regard your lawyer’s education and professional training. Where did they attend college, and where did they attend law school? How many years did it take them to graduate law school? How many times did they take the bar exam, and in which states do they have the ability to practice? Some lawyers offer a free session so they can offer you advice, prove that they are willing and able to help your case, and possibly give you rates of success they have had in former cases. Again, cases involving a DWI usually result in, at most, a reduction of the charges, yet it all depends on your particular case.

Preparing for an appointment and/or trial

Again, it is essential to provide your lawyer with every detail from the night of the offense. There are many factors that can influence a case. First of all, it is imperative that the prosecution can prove the drinking was done before the defendant was pulled over or involved in an accident. Some defense cases have been won in the past because the person accused of the DWI was involved in an accident and found drinking at the scene of the crime or at their house. The argument for such a case deals with the defendant having to deal with the pressure and stress of the given situation, and they may argue that they were drinking to relieve the stress. Another possibility to discuss with your lawyer involves exactly when you drank alcohol. The defense might argue that the driver was not driving when his or her blood alcohol level extended over the legal limit. It takes time for alcohol to fully metabolize within the body. So, if the driver had a significant amount of time between when they were pulled over and when they took a breathalyzer, the defense may argue they were not actually driving while intoxicated. A last option you want to discuss with your lawyer deals with medication. Some medications affect ones reaction to alcohol, and some medications may even affect the results of a breathalyzer, so be sure to discuss all these options when consulting with your lawyer.

Jury or no jury?

Federal law states that a person charged with a DWI has the right to present their case in front of a jury. However, it is ultimately up to a judge of a particular state to determine if a jury needs to preside over a DWI case. Most of the time, a case involving drunk driving or a similar action is presented in a private hearing—with just the prosecution and defense in front of a judge. Some judges are more open to letting a jury in the courtroom for such a case, and every state is different. It usually takes a very experienced DWI lawyer to obtain a jury for a case, so discuss these options with your lawyer and check into state laws.

DWI Lawyer Rates and fees

A DWI lawyer will often prefer tiered flat fee rather than an hourly fee. Lawyers who specialize in DWI cases are usually extremely busy and may even work for a small firm, so the tiered form of billing is often more time efficient. The tiered method works just like it sounds. If the case is settled in the first hearing, the lawyer will charge a lump sum. If the case moves into another session, the lawyer will charge another lump sum and so on until the case is finalized. A person convicted of a DWI should also expect fees associated with license suspension, rehabilitation facilities, and other fees.