DUIs have very unique issues not present in other criminal cases. That is why it is unlikely a regular criminal lawyer can represent you as well as a lawyer very familiar with DUI cases. Clearly, this is not an area other lawyers can dable in and do a proper job unless they can spend an inordinate of time getting up to speed. I have received calls from lawyers asking for help because they represented a client, in a DUI case, they were trying to help and realized they got in over their head. This is a key mistake you cannot make and should not make as you do not have to.
Typically, you can hire a lawyer with ten years DUI experience for the price of one with five DUI years. You should try and get somebody with as much DUI experience as possible. A good way to measure DUI experience is that the lawyer’s case load should consist of 51% or more DUI cases during each year of their experience. The higher the percentage, the better.
DUI cases involve very unique aspects not commonly found in other criminal cases. One significantly different area is your driver’s license consequences. Most criminal cases do not involve driver’s license issues. However, DUI cases are loaded with driver’s license issues. In fact, this is one area where attorneys can save their client’s significant money. Unfortunately, this is also an area where many lawyers make mistakes or neglect. A lawyer can be a stellar criminal lawyer, however their unfamiliarity with driver’s license consequences will be one of the biggest barriers they face in providing good DUI representation.
In fact, many DUI prosecutors who switch their careers over to defending DUI cases have weaknesses in understanding driver’s license consequences and the process of dealing with the Motor Vehicle Department. (“MVD”) This is because as prosecutors, they are not involved with MVD hearings, appeals, notices etc. So when they switch sides, they are unfamiliar MVD and its processes.
Proper defense of DUI cases also requires a thorough understanding of “Field Sobriety Tests.” (“FSTs”) All other non DUI criminal cases do not use FSTs. These are unique to DUI cases and qualified lawyers need to be thoroughly familiar with them. This is why I personally have paid for and attended training in administering FSTs and have the current FST training manuals in my office.
Most criminal cases do not involve breath testing machines. Arizona, typically uses the Intoxilyzer 5000 or 8000 breath testing machines. In order to properly defend a DUI case, the attorney must be thoroughly familiar with the Intoxilyzer in order to detect and identify all its problems. That’s why I personally paid for and attended special training in Florida to participate in a breath testing course given to police. It is also why I own my very own Intoxilyzer. Regular criminal lawyers simply are not familiar with the breath testing machines, let alone thoroughly familiar with them.