DUI Defense/Misdemeanors:
Do I Need a Washington State DUI Defense Attorney?
Have you been arrested for a DUI and wondering if you need an attorney to represent you? Washington State DUI laws are complicated and the punishment is severe. The best time to retain a DUI defense lawyer is as soon as possible after the arrest. In some counties, the arraignment or "first appearance" will be held just one judicial day after the arrest. At this hearing the judge will be deciding if you should remain out of jail pending trial and if so, what conditions you must satisfy as a condition of your release from the courtroom. Depending upon your record and the circumstances of the case, the judge can require you to post bail as a condition of your continued release or participate in alcohol treatment pending trial. You may be required to install an ignition interlock on your car.
In some cases, the arraignment or first appearance will not be held until many weeks after the DUI arrest. It is advisable to retain an attorney early, even if no court charge has been filed, because you will still need to defend yourself against the DOL's license suspension proceedings. It is never too early to begin work on your criminal defense. DOL license suspension proceedings occur within 60 days of the arrest. If your license was punched, you know that these proceedings are pending.
Remember that you must send in your request for a hearing to fight your license suspension within 20 days of the arrest (In the case of a blood test, the timeline may be different.) Your attorney will need to be in the case early in order to prepare for the DOL hearing since these hearings are "fast-tracked" under the law.
Where to look?
Below are some suggestions. If several of these sources point you to the same attorney or law firm, you are on the right track.
Ask a Lawyer
Lawyers know who has the best reputation for handling DUI cases, so the best referral source is usually a local attorney.
Ask Insiders
If you don't know any attorneys, another excellent source is anyone involved in local law enforcement or the criminal justice system. Police officers, prosecutors, judges and court personnel all know who the best DUI lawyers are and can tell you who they would want to represent them if they were charged.
Check the State Bar Association
The Washington State Bar Association offers an attorney referral service. However, be advised that the Bar does not screen candidates for its referral list, so you should be careful to verify the attorney's credentials to be sure that the attorney is focused upon Washington State DUI defense.
Use the Internet
The Internet is a good source for information about Washington DUI defense attorneys, but don’t rely on how high the lawyer is listed on a search return as a gauge of the lawyer’s DUI defense experience. An attorney or firm being listed as a search return for “DUI” in Google or another search engine might simply mean that the attorney hired internet experts to “enhance” his or her presence on the Internet. The Internet is a good place to start, but you must look deeper to find the DUI attorney who is right for you.
Meet in person with the lawyer
The sources above can lead you to DUI firms and attorneys who seem qualified, but the only sure way to know if the law firm and attorney are right for you is a face to face meeting. Most DUI attorneys offer a no-cost initial consultation.
During that consultation, consider the following:
- What percentage of the lawyer’s practice is devoted to DUI defense? Washington State DUI defense is a complicated area of the law and the lawyer should be fully committed to DUI defense.
- Does the attorney have a solid background of trying DUI cases to a jury and all the way to the conclusion of the trial with a verdict? Not every case goes to trial, but if a lawyer has only one or two jury trials to verdict under his or her belt in the past five years, you should be cautious. A proven DUI trial lawyer may enhance your chances of getting a good result without having to go through a trial.
- Is the attorney familiar with the jurisdiction where the DUI arrest occurred? A Seattle DUI in Seattl Municipal Court is handled by a different set of prosecutors and judges than is a Seattle DUI in King County District Court. A Bellingham District Court DUI has different procedures and prosecutors than Skagit County District Court DUI. Knowing the prosecutors by name and familiarity with the local court practice are essential elements of a DUI attorney’s experience that can help your case.
- Evaluate the law firm as well. Do the DUI defense lawyers in the firm write about DUI defense and teach other lawyers and judges about the DUI laws at seminars? Have the lawyers had specialized training in Washington State DUI defense? Does the firm have resources and access to experts to bring to the defense of your case?
- Discuss fees. DUI attorney fees generally range from $3,500 to $10,000 and up, depending on a variety of factors including attorney experience, complexity of the case, your prior record, and the court where the case will be defended. Some attorneys offer a flat fee that covers the entire case while others charge by the hour or by court appearance. The advantage of a flat fee is that you know exactly what you will pay in attorney’s fees to defend the DUI charge. Remember, though, as with any legal case, there can be no guarantees regarding a result. However, by retaining the most competent lawyer you can find, you can worry a bit less because you can leave the defense of your case in the hands of an experienced and dedicated DUI defense attorney who practices in a solid, focused DUI defense firm.
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