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Thursday, June 14, 2012

Being a DUI "Defense" Lawyer

It seems there are hundreds of attorneys who say they are "DUI Defense Attorneys." Many are criminal defense attorneys who believe that DUI is just like any other crime. The truth is that DUI is not "another crime." Unlike Robbery or Burglary, DUI is a criminal act that requires absolutely no intent. In addition, it is a crime wherein two people can do the exact some thing and be punished differently.

If my wife an I each have 5 beers, her BAC will be higher merely because she is smaller than me. Thus, if we both drive home and are arrested, she may fact punishment greater than mine. Is that fair? Of course not.

Other Attorneys do not even concern themselves with a defense. Within minutes, the word ARD is mentioned and they tell you what a great deal that is for you. In truth, ARD is not a good deal. ARD is a punitive. ARD not a gift and it is certainly not a goal. Every month I show up in court to see an attorney whom I recognize from the civil circuit sitting in criminal court. I think, sometimes out loud, is his client really getting their money's worth.

I am left with one inescapable conclusion. The best DUI Defense Attorneys seek to defend their clients against the charges. The best DUI Defense Attorneys fully and fairly evaluate cases to achieve the best possible results. The best DUI Defense Lawyers do not make a recommendation after the first few minutes of a conversation. Instead, being the best DUI Lawyer means that you look for every possible means of avoiding conviction.

I am reminded of a client, D.B. Mr. B. called me one day to talk about his case. He had called 4 other lawyers to discuss his options. Each told him the same thing.. He would have to plead guilty or enter the ARD Program. Mr. B. was surprised when I told him that I would likely win his case. I carefully explained the elements of the offense to him as well as the reason that I did not believe that he would be convicted. He hired me immediately.

Mr. B. later told me that not one other attorney asked him what subsection of the DUI law he had been charged with. This is a critical concern for me because I knew that the subsection makes a difference. Once I knew the subsection and the facts, I was prepared to win.

At the preliminary hearing, the DA agreed to drop the charges. While I cannot promise you that I will win your case. I can promise that I will make every effort to win before I even think about compromising.

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