Driving and alcohol are a terrible combination and are known as roadway killers. Statistics show that about 28 people in the US alone die in drunk-driving crashes every day. That is, one person dies every 52 minutes due to alcohol-influenced driving.
Despite that, it is estimated that over 1.5 million people in the US are still caught drunk driving and disciplined for a DUI (driving under-influence) every year. In California, there were over 125,000 people arrested for DUIs.
Although the circumstances surrounding each DUI case vary, the consequences people face are always grave — license suspension, expensive fines, lengthy jail sentences, community service time, and so on. That said, being on the wrong side of a DUI case is the last place you want to be. However, if you are already there, what can you do to get a favorable outcome? Hire a reliable DUI lawyer in your area.
This article enumerates six questions you should ask when hiring the best DUI attorney in San Jose to represent your DUI case.
1. Do You Have Experience in Handling DUI Cases in San Jose?
The penalties for a DUI conviction have been severe in recent years. Thus, you want to make sure that you find a highly qualified lawyer on your side — one who has extensive experience in handling DUI cases in San Jose.
You may need a DUI lawyer with a long history of representing clients facing DUI charges and who has won a favorable outcome for their clients. Preferably, you want a lawyer that concentrates their practice solely on DUI or DUI-related cases.
2. Do You Have an Up-To-Date License?
Aside from experience, you want to make sure that the attorney you choose is licensed to practice in San Jose. Some laws will differ based on your location. Therefore, you want to make sure that the lawyer you select practices locally.
You can check your local bar association website to check if a specific lawyer is licensed to practice in San Jose. Otherwise, you may need to keep searching. In addition, you want to ask the lawyer if he/she is certified to administer a standardized field sobriety test. This way, he/she will know if the arresting officer administered your tests accurately.
Other than that, you can also ask your lawyer if he/she is certified with any specific DUI organizations or has finished the National Highway Traffic Safety Administration’s Standardized Field Sobriety Test courses. Such specialized training can help a DUI lawyer better understand DUI law and your unique situation.
3. How Will You Investigate My DUI Case?
Every lawyer will need to do some further investigation on your DUI case. It often includes a complete review of all evidence and documents produced supporting the DUI charges against you.
Such documents may include likely witness statements, police reports, blood test results, or Breathalyzer results. A lawyer should spend a significant amount of time and effort going over every detail of the events that occurred leading to, during, and after your DUI arrest.
By doing this kind of extensive investigation, a lawyer can evaluate the evidence against you and develop a strong defense that can resolve your case.
4. How Often Do Your DUI Cases Go to Trial and Would You Be Willing to Take It to Trial?
Most San Jose DUI cases usually are settled outside of court. This is the most favorable occurrence for the parties involved. Understanding what percentage of your prospective attorney’s cases resolve can provide insights into the kinds of deals he/she can generate.
However, this will still depend on your unique case. Thus, if your DUI case may not go right during the negotiations, will your attorney be willing to defend you in court? For instance, say you disagree on a case offer to be presented. Will your attorney go with your wishes and take your case up to trial? These questions are critical in getting the right expectations in the first place.
5. How Much Do You Charge?
Hiring a DUI lawyer can be expensive. You will want to ask upfront how much the DUI lawyer charges and try to paint a clear picture of what you can afford. During consultations, you need to ask the DUI lawyer about his/her fee structure. You will need to know how he/she bills you right away. In addition to his/her rate, most DUI lawyers also engage with private investigators or third parties to assist with your case.
These engagements may lead to your legal services cost increasing, which can cause a financial burden. So, make sure to get an itemized list of the potential costs of the DUI lawyer’s legal service. In addition, you want to ask about the forms of payment that he/she accepts.
6. Can You Provide References?
Any DUI lawyer in San Jose will try to convince you that he/she is the best for your case. Refrain from believing him/her at face value. Instead, you want to ask for references and, if you can speak with his/her recent clients.
Every reliable DUI attorney will not have any reason not to give you what you are asking. However, suppose he/she cannot provide you with any references. He/She might be lacking in experience or hiding something.
Once the DUI attorney provides you with a list of references, make sure to speak with those people right away. Talking to previous clients will help you gain better insight into how the lawyer helped them in their cases. You can ask them the outcome of their cases. You can also ask how the attorney handled himself/herself in court. Ask for any issues or problems the clients experienced while working with the DUI attorney.
Conclusion
When you are facing DUI charges, you are likely to be nervous, upset, fearful, and emotional about the impact that these changes will have on your professional and personal life. That said, if you have been arrested or charged with DUI, we recommend that you do not try to handle the situation alone. Instead, find a good DUI lawyer that can help you gain a favorable outcome for your case.
Make sure to ask the six questions mentioned above as you speak with each DUI lawyer in San Jose so you can find the right expert for your situation.
