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You or someone close to you has been arrest for drunk driving.
Innocent or not, you know you're a lot better off with an
experienced DUI lawyer. So how do you find one? The suggestions
provided below will help you find competent and ethical
representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a
referral -- a recommendation from someone you trust. This may be
a family member or friend who has faced DUI charges before, or
it may be your family or business lawyer who can make educated
inquiries. Perhaps the best source of referral is to ask a
police officer, or go to a courthouse and ask a bailiff of court
clerk: Who is the best you've seen? Who would you retain if you
were arrested?
One possibility that may come to mind is a referral service of
the local Bar Association. This is generally not a good idea, as
you will usually be referred to the next attorney on a list of
members; the only requirement for inclusion on the list is the
request to be placed on it.
Failing a recommendation from a trusted source, the best
approach is research on the internet. A lot can be discovered
about DUI laws, evidence, procedures, penalties -- and about
lawyers who practice in this technical and complex field. There
will, of course, be unending advertisements, self-promoting
websites and, least useful, endless "directories" of DUI
attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of
the National College for DUI Defense. This is a professional
organization of over 800 attorneys nationwide who emphasize
drunk driving defense in their practices. Although membership is
no guarantee of competence and/or ethics, it is usually a good
indication the lawyer is serious about this field. The College
emphasizes the education of the Bar through seminars, most
notably an intensive annual 3-day seminar at Harvard Law School,
and has been recognized by the American Bar Association as the
only organization authorized to Board-certify attorneys as "DUI
Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have
defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does
the lawyer handle drinking and driving cases only - or does he
accept other types of criminal or civil cases as well? (This
would be like a family doctor attempting brain surgery, cancer
research and heart transplants.) What percentage of the
attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in
police procedures and blood/breath analysis? Will blood samples
be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get
in the case? This is something no ethical attorney would do, as
specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract?
Is the fee simply an initial retainer, or is it all-inclusive?
Do the fees cover such "extras" as the license suspension
hearing, expert testimony, blood reanalysis, trial, subpoena
costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell
International Directory of Attorneys? (The highest rating for
competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member
of the National College for DUI Defense? Is he Board-certified
by the College?
g) Have there been any State Bar complaints against the
attorney? (Most State Bar Associations maintain disciplinary
records online.)
About the author:
Lawrence Taylor is the senior member of an AV-rated law firm of
California DUI lawyers
practicing drunk driving defense exclusively.
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