Choosing A DUI Attorney
What You Must Know To Choose An Excellent DUI Attorney
To defend your Arizona DUI arrest in Phoenix, you’ll need to know how to choose a lawyer for your case. In fact, any DUI lawyer will tell you that you shouldn’t even think about go forward without a lawyer.
You see, the outcome of your case generally depends on your attorney’s ability to identify problems in the prosecutor’s case and convincingly explain them to the prosecutor, judge or jury.
Consequently, it’s critically important that you know your potential attorney’s abilities in these areas.
A DUI case is different from the average criminal case because it involves several distinct kinds of evidence. It almost always involves a Blood Alcohol Concentration reading produced from a procedure followed on a breath testing machine or blood or urine testing results. Likewise, it will almost always involve HGN (the eye test) and the infamous “field sobriety tests.”
So questions pertaining to the lawyer’s ability to identify problems with the breath testing machine and or testing process are extremely important. Also, questions regarding the attorney’s ability to identify problems with the eye test and field “sobriety” tests are likewise important.
Because you don’t do it every day, you may not know what questions will help you evaluate an attorney’s abilities in these areas because.
Don’t worry. Asking the following five questions will allow you to safely assess an attorney’s ability.
1. Have you received training and a certification to operate the Intoxilyzer 5000 (the breath testing machine)
2. Have you received training and a certification to give HGN, the “eye test?”
3. Have you received training and a certification to give the NHITSA Field Sobriety Tests?
4. Do you have a copy of the Filed Sobriety Testing Manual in your office?
5. What is your trial record? (Look out for the answer I won more than I lost)
Obviously, if the attorney received training and certification in these areas, he or she will be able to identify more problems than an attorney who has not received the training and certification.
It also shows that attorney is committed to learning the weaknesses of the machine, and field testing procedures. The certification insures you that an attorney has already tested in these areas. A yes answer is all you need to evaluate this factor.
Equally as important, having a NHITSA training manual demonstrates the attorney’s commitment to identifying the weaknesses of HGN and field sobriety tests. Having a manual likely means that attorney uses it in hearings to suppress evidence.
Beware of any attorney who says he does not need it or can look it up on line. That does not work in the courtroom.
A trial record is a fair indicator of the attorney’s ability to communicate problems in the prosecution’s case. Obviously, if the attorney has success communicating to juries, the attorney can probably communicate the weaknesses to a prosecutor or judge as well.
You should ask for specifics on cases and ask how the attorney defines a trial win. I personally define a win as having my client found “not guilty” of all the DUI charges.
After reading this, I hope it’s clear that the price charged has nothing to do with it. The qualifications and specialized training of your attorney does.
Also, a list of membership associations the attorney belongs to has nothing to do with your case. Most associations only require payment of a fee. It looks nice to be a member but it does not make your attorney more qualified nor will it affect your case.
Here’s a warning to you: statements like “I know the prosecutor or judge” are a bad sign. I am referring to statements that insinuate your case will get favorable treatment merely because the attorney “knows” somebody. Such situations generally are limited to television and the movies.
No judge or prosecutor is going to jeopardize his or her license and career over your DUI case. Such a statement is made to prey on false hopes. If the attorney you see makes statements like this, you should seriously consider leaving his or her office as soon as possible.
Do not confuse this with a statement of familiarity with a judge or prosecutor in terms of knowing their procedures or how they evaluate a good case from a bad one. Such a statement is proper and simply means he or she is familiar with how a certain court or prosecutor operates. This is a good thing for your case.
In summary, all attorneys have training in constitutional and criminal law. They will know what your rights are and can help you. However, attorneys with additional DUI training with certifications, and a trial record to back it up, separate themselves from the average attorney. Such an attorney will improve your chances of a more favorable outcome in you DUI case.
