Need a DUI Lawyer? Here’s What You Should Know

Arizona takes driving under the influence and driving while intoxicated very seriously. So seriously, in fact, that it’s known as one of the toughest states in the U.S. when it comes to its stringent DUI laws and harsh punishments for perpetrators. Sentences for a DUI conviction can range anywhere from a couple of days and a few hundred dollars to years in prison and more than $10,000 in fines.

Without question, if you are arrested for a DUI, you NEED a lawyer. Immediately. But knowing which DUI lawyer to pick, whether you’re in Tucson, AZ or Phoenix, AZ, can be a bit of a challenge if you’ve never done it before. To make the process easier, we’ve put together a list of questions and considerations when it’s time to decide if a particular DUI lawyer is the right fit for you.

When Should I Consult an Attorney?

We cannot stress this enough: if you’ve been charged with a DUI, you should consult with an attorney right away. And not just any attorney, either. You want to find someone who is specialized in DUI law and who is familiar with the charges and sentences you may be facing as well as options for a proper defense. While, technically, any licensed lawyer can represent you in court, it will be an experienced DUI lawyer who knows how to best mitigate the severity of your case. Your lawyer is in court with you to represent your interests. In a way, they are an extension of you. You want to make sure that the person representing you is the absolute best person for the job.

Should My Attorney Be from Arizona?

Yes. While there are circumstances in which an attorney who is licensed outside of the state of Arizona may represent you in court, it is highly recommended that your DUI attorney be from Arizona, and not only that, but be as local to you as possible. The truth of the matter is, DUI laws can be slightly different from county to county, city to city. A lawyer who is local to your area will likely have the most up-to-date knowledge of local laws and regulations and can work out a reasonable defense based on these. This is something an out-of-state attorney may not be able to do so easily.

Remember, your attorney is like an extension of you and your rights (just with a lot more knowledge of the legal system). Asking questions is a big part of the process, and this is much easier to do if the attorney you’re working with is local. Asking questions and providing open and honest information to your DUI lawyer is the best way to come up with an effective defense.

Experience Level and Case Load

There are two things that are absolutely essential in a DUI lawyer. You need:

• Someone who is experienced in DUI law
• Someone who has room in their caseload

Just like with any profession or trade, more experience often leads to increased success. When you’re meeting with a potential attorney, ask how long they’ve been practicing law and follow it up with a question about how long they’ve been practicing DUI law in particular. While more experience often comes with a higher price tag, it also comes with an improved ability to develop a successful defense.

The same can be said regarding how familiar the attorney is with the local court system. Someone who regularly practices DUI law in your area is going to be highly familiar with the judges, the prosecutors, the bench officers, and others who play pivotal roles in the court system. Having pre-established relationships with these individuals can provide an attorney with increased leverage when it comes to putting together a deal or terms that are favorable to you. Having pre-existing relationships and understanding the personalities of the judge and prosecutor can also provide leverage in terms of directing your lawyer’s argument and approach to your case.

Most importantly, your lawyer needs to have time for you. As simple as that may sound, not every lawyer will be completely upfront about their case load; at least not right away. Be proactive and ask the lawyer what their availability looks like. Sometimes, in larger firms, cases get passed off to other lawyers to do the brunt of the work while one lawyer acts as the “face” in court. You want to make sure that the lawyer you are talking to is the same lawyer who will be with you every step of the way; who will know your case inside and out.

If the lawyer’s caseload is full, they may not be the right fit for you.

How Will I Be Billed?

The court process can be an expensive one, and that’s on top of any fines you may incur if you are sentenced. Knowing how and how much you will be billed by your attorney is incredibly important, and this is something you should talk about prior to making any formal agreements.

The most common billing practice for lawyers is to log all billable time and fees throughout a case and then invoice these costs to the client (you) at the end of every month or in one lump sum at the end of the case. But exactly how much do you pay? Most lawyers calculate their fees using one (or a combination) of three methods: hourly, flat fee, or contingency.

• Hourly Rate. Just like the name suggests, this is an hourly fee a lawyer charges for all billable time. (This is any and all time spent working on your case, which can include everything from transportation to the courthouse to writing and formatting documents.) Many lawyers charge by the hour, and the amount itself can range significantly by experience level. Often, lawyers who charge an hourly rate will also require you to pay a retainer and deposit.
• Flat Fee. Perhaps not as commonly used as hourly rates, a flat fee is typically charged when the outcome of a case or filing is fairly predictable. The attorney is able to make a fairly accurate guess as to how much time and effort will go into the case, and therefore, can charge for that time all at once.
• Contingency. You may have seen attorney commercials or billboards claiming “we win your case or you pay nothing.” Essentially, that’s a contingency fee. If the lawyer does not win your case, you don’t have to pay them. This method takes the risk off the shoulders of the client and puts it on the lawyer. Just make sure you fully understand how much these contingency fees will be if you do win your case and include that amount as part of your consideration.

Finally, you’ll want to talk to any potential lawyer about what payment methods they accept. Can you pay by credit card? Direct deposit? Or would they prefer something more formal, such as a money order? You want to have as much information as possible in order to make a fully educated decision.

Your Next Steps

Now you know more about what to consider when it comes to choosing a lawyer. Don’t be afraid to ask questions – it’s an essential part of the process! And how you feel and interact with an attorney is important too. They should listen to your requests and work with you to create a good defense.

Getting a DUI can be a scary experience, but hiring a lawyer doesn’t have to be. Keep these questions and considerations in mind and you’ll be well on your way to hiring a lawyer who is the right fit for you and your case.

If you're facing charges relating to a DUI, you might want to understand Arizona's law and secure the right legal counsel to ensure a fair trial.

Call the Phoenix Criminal Lawyer criminal law team at (602) 600-0447 to get expert-level legal help with your case.