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A law enforcement officer can book and cite you for driving under the influence (DUI) or driving while intoxicated (DWI) in all 50 states and the District of Columbia. According to state and federal law, if your blood alcohol concentration (BAC) is between 0.05 percent to 0.08 percent, you can be convicted of a DUI or a DWI offense. Once arrested, consider getting in touch with the best DUI & DWI lawyer near you who can help you build an effective defense.
What Is a DUI or DWI Lawyer?
DUI & DWI attorneys near you are legal professionals experienced in representing persons arrested and charged with DUI and DWI crimes. An exemplary attorney has a strong understanding of federal and state DUI laws, exceptional negotiation skills, and effective communication.
What Does a DUI or DWI Attorney Do?
A DUI or DWI attorney has a thorough understanding of the laws on driving under the influence. The attorney protects your civil right to a fair trial by:
- Explaining the gravity of the charges to the clients, providing legal advice, and representing the client in court;
- Interrogating whether the police had reasonable suspicion to stop and the validity of the arrest. The objective is to expose discrepancies in the charges or police procedures;
- Negotiating with the prosecution to reduce or dismiss the charges;
- Advising the client to accept or reject a plea bargain;
- Filing a motion to overthrow the client statement taken immediately after arrest;
- Scheduling an evidentiary hearing to uncover evidence held against the client
- Helping with the DMV procedures;
- Assisting in jury selection during trial if there is one; and
- Identifying experts, witnesses, and investigators.
When to Hire a DUI or DWI Lawyer
DUI charges are serious and may result in hefty penalties or suspension of your driving privileges. It is essential to hire a lawyer for DUI & DWI near you soon after arrest.
How Do I Choose a DUI or DWI Attorney?
When choosing among DUI & DWI lawyers near you, it is essential to thoroughly assess their qualifications, experience, and reputation in the field. Seek out the following points of information:
- Area of specialty and experience – Ask to ensure that the attorney or the law firm has sufficient expertise in criminal defense, litigation, and handling DUI cases. Ask the attorney whether they have addressed issues similar to yours and consider if the outcome the attorney achieved was favorable to the client.
- Membership in relevant professional bodies – Membership organizations such as the National College for DUI Defense or the DUI Defense Lawyers Association are essential. Membership demonstrates a commitment to DUI law. Since such organizations share best practices and information on how the landscape is changing, active members have an up-to-date understanding of the dynamics of the law and its application in different contexts.
- Online reviews – Using the Lawrina legal directory, analyze the nature of reviews left by the lawyers’ past clients. Also, talk to other attorneys in the field and consider whether the attorney enjoys a positive reputation among their peers.
Work with a list of three to four lawyers to review before settling on one of them.
What Is the Average Cost of a DUI or DWI Lawyer?
A DUI lawyer in 2022 costs an average of $1000 to $4000, and the process may last up to 12 months. Attorney fees depend on the case’s complexity and will cost less if you accept a plea and more if the matter goes to trial.
Apart from attorney fees, other costs include:
- Fines, costs, and penalties – Fines serve as a punishment for breaking the law. The amount depends on the nature of the present offense and the number of past crimes the person has committed. Fines can be as low as $400 for first-time offenders and as high as $2000 for repeated offenders. The court may also order you to pay compensation to the victim or take substance abuse classes. There may be charges associated with impounding or towing the vehicle. Other costs and penalties include:
- Bail – $100 - $2000
- Towing and impounding fees – Up to $1000
- Sentencing fee – Up to $ 250
- Drug screening – $150
- Driver responsibility fees – $ 1000 - $2000
- Insurance – With a DUI charge, an insurance company may not pay for damages and raise the required premium since you prove to be high risk.
- Department of Motor Vehicles fees – The DMV may require up to $200 in payment to reinstate a driver’s license suspended due to a DUI charge.
- Ignition Interlocking Device – You may be required to install an ignition interlock device costing up to $100 for installation and up to $80 monthly fee.
Do DUI or DWI Attorneys Usually Charge for Consultations?
It is essential to confirm with the attorney, but attorneys do not charge for an initial consultation in most cases. The initial consultation is the opportunity for the attorney to hear your case’s facts and for you to gauge the suitability of the lawyer. Take with you the police report and any other relevant documentation. Prepare a list of questions/concerns that you would like the attorney to address for you to decide to hire them.
Frequently Asked Questions
What is a DUI?
DUI is an acronym for driving under the influence. Every state has DUI laws preventing driving or handling equipment while intoxicated with a substance that can impair motor skills.
While alcohol is the most common DUI type of substance causing intoxication, other states also consider
- Illegal drugs such as heroin methamphetamines, and cocaine;
- Over the counter medicines such as antihistamines; and
- Prescription medication such as painkillers and sleeping pills.
The police perform a sobriety test designed to ascertain a person’s balance and agility to test for overdoses. They may also opt for a breathalyzer to measure the concentration of alcohol in the body. Police may also test blood or urine in a different location to certify the results of the on-scene test.
Do I need a DUI attorney for a first offense?
For a standard first DUI where the offender has no prior DUI convictions and no aggravating factors such as a high BAC (blood alcohol concentration) or injuries, the prosecutors will have a standard first-offense plea. The standard offer is usually the same for people with or without an attorney.
However, an experienced attorney can negotiate for you to reduce the standard offer by presenting a defense, pointing out weaknesses in the prosecution’s case or highlighting mitigating factors.
What if I can’t afford a private attorney for my DUI case?
All criminal defendants have a Constitutional right to an attorney (Sixth Amendment). If you cannot afford to hire a private attorney, the court appoints one for you from the public defender’s office. Public defenders are well versed with local DUI laws and are helpful while negotiating plea bargains.
However, the public defender’s role will be limited to the criminal proceedings and will not support the administrative aspects of the case, which entail DMV proceedings.