Before you even consider hiring any DUI lawyers, it makes a lot of sense to find out what a drunk driving defense attorney can do for you. Imagine hiring a tax attorney, and having no idea what he would be doing. No one in his right mind would consider it. In my opinion, you should never pay for anything without knowing exactly what you are going to get. An informed buyer, even in a drunk driving case, is always in a position of power.
We can not tell you exactly what your drunk driving defense attorney will do. Every criminal defense lawyer may handle an issue differently, and the DUI laws vary across the country. What we can do is provide you with a general list of tactics that many DUI defense attorneys will follow, at least to some degree. If you need specifics, you should always consult with your DWI lawyer, and never be afraid to ask him what he will do. If your DUI attorney is proud of his past work, he should have no problem with going over all of the tactics that he generally takes in fighting your drunk driving charge.
Some Strategies that Your Drinking And Driving Defense Attorney May Use
- Your DUI lawyer will be able to help with the DMV hearing. He will likely file for a hearing (before the deadline expires!), and may very well be able to prevent your license from being suspended. Even if you lose the hearing, just filing for it will enable you to drive for the months that it takes for the DMV to hear your case. Your skilled drunk defense lawyer may also be able to work out a deal to get you a restricted driver’s license.
- Your DWI defense attorney will likely challenge the validity of the breath test. Even if it seems that this “drunk test” is solid, an experienced defense attorney will attack it by getting the machine’s maintenance records and calibration records. He may be looking for problems with the test that will require the judge to exclude the evidence in your DUI trial.
- Your DUI lawyer may attack the validity of any blood tests that were obtained after your arrest for drinking and driving. He may request for a sample of the blood used in the test to analyze it with his own testing labs. If he can prove that the blood was not taken properly, or that it was not preserved as it should have been, then this evidence of your DWI may be excluded.
- Your lawyer may also call into question the adequacy of the police investigation. Sloppy police work in drunk driving cases is common.
- More importantly than anything else, your DWI attorney may be able to strike a deal with the prosecution that you never would have been able to get on your own. The prosecutors are public servants, their time is limited, and they have an overwhelming caseload. The last thing that most of them want to do is spend days on a drunk driving case. When a prosecutor realizes that you have obtained the best DUI defense attorney in town, he may likely be willing to take almost any plea bargain to avoid the conflict that will absorb so much of his time. Do not underestimate this value of a criminal defense attorney that is well known and highly regarded!
In summary, don’t think that your drinking and driving case is a doomed one. If you hire the right drunk driving defense attorney, you may be surprised at what he can do to fight your DUI. If this is your first DUI, your lawyer will have even more options that just might keep you behind the wheels and out of jail.
2 responses so far ↓
1 Tim // Feb 10, 2008 at 5:20 am
I just wanted to thank you for writing about this. I got my first dwi two night ago. I have been freaking out about it. I didn’t know that a lawyer could really do much. I was thinking about just pleading guilty. I think I will talk to a lawyer now. I don’t see any lawyers that you list here for Washington state. Can you tell me any in Seattle?
Thank you,
Tim

2 DUI Laws Lawyers // Feb 15, 2008 at 12:48 pm
You’re welcome Tim. Sorry to hear about your arrest.
Knowledge is power. The more you know about the legal system, the more involved you can become.
We will be getting to Washington shortly. I will email you some information.
Leave a Comment