In Washington, DUI is a serious offense. Conviction results in mandatory jail, fines, license suspension or revocation, increased insurance, the cost of an ignition interlock for at least a year, and possibly, the cost of alcohol/drug treatment. You need a well-seasoned, aggressive attorney.
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When do you need a DUI attorney?
Immediately! You should immediately, upon arrest for DUI or Physical Control, invoke your right to an attorney. You should politely decline to answer any questions. The officer must provide you with number to a public defender on call, or a phone book and telephone for your use. Once you request an attorney, the officer should not ask any questions of you, but if you voluntarily make statements without being questioned, these statements can be used against you.
If you did not request an attorney at the time of arrest or before the breath or blood test, you still need the advice of an attorney right away. You have only 20 days from the date of your arrest to contest the suspension or revocation of your license. An experienced DUI attorney can explain the process to you.
In addition, there may be critical defenses, witnesses or evidence that will be lost if not immediately investigated by a well-seasoned DUI attorney. It is in your best interest to start looking for one now.
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The best sources for references
A good starting point is friends or family who have strong references for a particular DUI attorney. A reference from a lawyer who practices other kinds of law is also a good starting point. If you have friends in the court system or law enforcement you trust, they may be willing to give you a few names of attorneys they know of who are successful with their DUI cases.
Certainly, once you have a few names, or even if you don't, check the Avvo.com website for the lawyer's ranking, reviews and endorsements. Check out the lawyers' websites as well. Are the sites professional, informative, and do they give you a feeling for the firm's culture and philosophy, e.g. are they client-oriented? What credentials does the lawyer have in DUI defense? A lawyer that practices in multiple areas other than DUI may not have the time to keep up with the latest science, law and technology in this rapidly changing area of law. Check the Bar Association for complaints or discipline as well.
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What to look for
An excellent DUI attorney has earned that reputation, and courts, law enforcement and the legal community know who these lawyers are. If such persons are reluctant to give you a name, ask them who they would hire if they, or a family member were arrested for a DUI.
You can watch DUI attorneys in court. Do they have a court presence that shows they are respected by the judges, prosecutors and court staff? Are they professional and do they easily take control of the courtroom? Do other attorneys stop what they are doing just to listen to the attorney? This is an indication that they know the reputation of the attorney and are listening to learn something that will help them improve their own practice.
You should carefully examine their training and professional memberships. Are they leaders in the field, authoring DUI treatises, teaching at DUI seminars?
Once you have a list of attorneys who are qualified, meet or call them. See below for what you need to know from the lawyer.
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The lawyer's reputation, experience and caseload
Whether you meet in person or over the phone, you can get a good idea of the level of experience of the attorney by obtaining some important information.
What percentage of their DUI cases are reduced to lesser charges, or dismissed?
How many DUI trials have they defended? If not many, ask why. If the lawyer's reputation is so great that he or she gets reductions on the vast majority of cases, this may be a legitimate reason. However, if a significant number of the lawyer's clients plead guilty as charged, the attorney probably does not have the seasoning, training or reputation to resolve your case to your satisfaction. You need real representation, not a warm body who will take a fee and do nothing but walk you up to the judge to plead you guilty.
What is the lawyer's caseload? Low-fee lawyers often take more cases than they can handle to meet expenses, but have no time to really "work" the case . Attorneys with fewer cases will have more time to spend on your case.
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Training, memberships and resources
What specialized training does the attorney have? What DUI specific courses were attended and when? A minimum of one DUI or trial skills seminar per year is necessary unless the attorney teaches at DUI seminars. You can be confident of his or her respect in the DUI defense legal community if the attorney frequently speaks locally or nationally.
Is the attorney a member of the National College for DUI Defense? They should be if they are to be well-seasoned in the DUI field.
What books are in their library? Here are a few respected treatises: The Washington DUI Practice Manual, Callahan, (Thomson-West); Defending Drinking Drivers, Barone & Tarantino, (James Publ.); Drunk Driving Litigation Criminal and Civil, and Trial Notebook, Nichols & Whited, (Thomson-West); Intoxication Test Evidence, Fitzgerald, (Thomson-West); Medical-Legal Aspects of Alcohol, Garriott, Ed. (Lawyers & Judges Publ. Co., Inc.).
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