There are thousands of DUI lawyers out there. The question is this--how do you know if you have a good attorney who can give you a fighting chance of winning your case. A good lawyer minimizes on his or her mistakes while capitalizing on the mistakes of others. Let's look at the mistakes your lawyer must avoid and the mistakes they can benefit from.
Mistakes Your Attorney Should Avoid
You may think that all lawyers are pretty much the same. Think again. The same case tried by two different attorneys may have very different outcomes. An experienced attorney will find holes in the prosecution's case that an inexperienced attorney may completely overlook. The best advice is to get a lawyer who specializes in drunk driving cases instead of one who is simply capable of handling them. If you do get someone who isn't an expert, be sure they are getting the assistance of experts who understand the nuances of drunk driving laws.
That being said, here are some sure signs you need a new lawyer:
If your lawyer immediately looks at your case and recommends you plead guilty, this may be the sign of a poor lawyer. An experienced lawyer will go to the scene and make sure the conditions were appropriate for a sobriety test. The test must be performed in a specific fashion and many police officers perform the test incorrectly. Also, the machine could be improperly calibrated or simply out of date (in terms of certification). Your lawyer should be willing to dig deeper than surface evidence.
Also your attorney shouldn't try and paint the police officer as a liar. People don't want to hear that someone as trustworthy as a policeman is lying. It's better to simply prove that the officer made an honest mistake.
Your lawyer should also be willing to fully explain the consequences of entering a guilty plea. You could lose your car, your license, and be fined or thrown in jail. Furthermore, a conviction goes on your permanent record for all to see, not to mention it increases your insurance rates and limits your ability to travel overseas.
Mistakes Your Attorney Should Capitalize From
The arresting officer in your case may have made numerous mistakes which your attorney can use to tip a case in your favor. If an officer pulls you over on suspicion of DUI, they must have probable cause and be able to tell you what that cause is. If they perform the test where you must walk a straight line, they must do so on a non-slippery, level surface where the line is visible. If they make you stand on one leg, you're supposed to be less than 65 years old, no more than 50 pounds overweight, and have no medical condition which would prevent you from performing the test. Finally, you can not be detained for an unreasonable amount of time. Any of these mistakes can result in a dismissal or even a successful motion to suppress the evidence hearing.
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