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Archive | Arizona DUI Lawyers

The costs and benefits of hiring a lawyer for your DUI case

DUI laws (or Driving Under the Influence laws) are getting more and more fierce in recent years. Arizona recently passed a “super law” where a minor first time infraction is heavily penalized with mandatory jail time. Virginia is considering the same law. Other states are also steadily toughening up their DUI laws bit by bit.
If you ever arrested for DUI, you need a lawyer who is specialized in the DUI laws of that state. Unless you are a lawyer, you can never realize the details involved in fairly presenting your case. Trying to represent yourself in a VUI case is like trying to repair your plumbing if you don’t know what a wrench is.

What Will This Cost Me?
All DUI lawyers will charge different fees, but even then, those fees will be a lot less expensive for you in the long run than losing your license, paying crippling fines, or spending time in jail. The record of your jail time will follow you whenever you try to apply for a job or for welfare benefits to your auto insurance premiums.
The usual DUI lawyer’s fee, on average, starts at $1000. CNBC estimates that the average cost of a DUI charge is $20,000 even if you were later found to be innocent. You still have to pay for bail, any time lost from work, court costs and mandatory non-refundable fines.
Which would you rather pay?

Success Rates
Your chances of recovering from a DUI charge improve considerably with a lawyer on your side. If you are a first-time offender, then your chances of success can go up as much as 90% (according to some DUI lawyers). Finding out a potential lawyer’s success rate is a matter of public record, and some DUI lawyers certainly do have a 90% success rate. In this case, success means having your charge reduced, dismissed or acquitted.

Don’t fall for the myth that ANY lawyer can represent you in a DUI case. Law has become so specialized that you need a DUI lawyer specifically to get you through this. If you have a lawyer who is not a DUI lawyer, he or she is the first person you should ask for a recommendation. Chances are that your lawyer has already used this DUI lawyer’s services.

How to find and choose a good DUI lawyer

Most people would prefer never to have to choose a lawyer for a criminal case. But in the real world, people are confronted by situations where having a lawyer with skills in a particular area of the law becomes necessary. Being prosecuted for DUI is not something a person should undergo without the “right” lawyer. In fact, to go through the process without a lawyer is foolhardy considering a conviction could result in points on your driver’s license; soaring insurance rates; revocation or suspension of your license; high fines; a permanent criminal record; and, yes, jail time. DUI is a traffic offense, but is considered a crime.

So how does one find a “good” DUI lawyer? Start with word of mouth: ask your friends. You can also look in the phone book under “Attorneys.” Most phone books sort attorneys by practice area. Look for “criminal law;” “traffic;” or “DUI/DWI.”

It is important to understand what “experienced” means. A lawyer can be “experienced” in a wide variety of practice areas. Because DUI cases are specialized, try to locate attorneys who used to be prosecutors or public defenders. They will know the courts, the judges, the officers, and what the prosecution will use to prosecute you. Never be afraid to ask the question, “How many DUI cases have you defended?” The more questions you ask before retaining an attorney, the better your chance of retaining someone best qualified to represent you. 
Someone who has a “general” practice, or whose practice focuses on personal injury, is not likely to best represent a DUI case.

DUI “law” changes constantly, so you want to ask the attorneys how up-to-date they are on DUI practice. A true DUI practitioner will be able to answer immediately. They will be able to tell you about the current state of the law and how it might affect the outcome of your case.
Of course the initial consultation should be free. And the retainer should be “reasonable” depending on the facts of the case. Expect a retainer of anywhere from $300 all the way up to several thousand dollars depending on whether there was an accident; an accident with injuries; or a pure “drunk driving where nothing happens on a deserted road in the middle of nowhere.”

That retainer is used for the initial process of defending you: performing legal research; drafting and filing motions; and interviewing witnesses. You might also be charged additional fees for the paralegal, associate attorney, expert witnesses (particularly if there is a fatality involved), copies, and legal research services on top of what the attorney charges for his or her time. Expect an attorney to charge between $85 to $300 an hour for their services and be up front regarding what you can afford. Some attorneys offer a “sliding scale” fee to accommodate people on a tight budget. A complex DUI case can easily cost $10-20,000 to defend because you could ultimately end up convicted of a felony such as aggravated assault or vehicular homicide. Regardless of the cost of defense, however, one thing must always happen: the attorney must fully disclose all fees, in writing, and give you time to review and approve them. Any attorney, who pressures you, even for $300.00, should not be retained.

And never believe that because an attorney is nice, you cannot reject their offer of services. You are not entering the morass of choosing an attorney based on personality, you want someone who can effectively defend you. You should also check with the state supreme court to see whether the particular attorney has ever been subject to discipline and ask about it.

One last critical issue: if you do not understand something the attorney has told you, ask him to clarify or explain what he or she said. There could be no worse situation than retaining an attorney who cannot explain his actions or strategy in layman’s terms.

The main point is: choose carefully and ask questions. Attorneys are trained to do what you are asking them to, and all attorneys took a class in criminal law. But some attorneys are more qualified through experience and training in certain areas of the law than others. By asking questions and not being intimidated by the law, you stand a good chance of choosing an excellent, well-qualified attorney.

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