DUI charge: when do you need a lawyer?
Driving under influence is a crime, so its charges are handled in criminal court. At this point you have 3 choices: retain an attorney, go with public defender or represent yourself.
Represent yourself.
If you have no legal experience, it can be very difficoult to assess the strengths and weakness of a DUI case, and each case is unique. The opinion of an experienced DUI lawyer is really helpful. Sometimes the first consultation is free, but even if you have to pay a small fee, believe us, it's money well spent.
Be sure to bring police report and all the case documents to the consultation, to get the best advices from the attorney. It doesn't mean you have to hire him, a consultation can always be asked for.
If you get a standard first-offende plea offer, you might not need an attorney. When there are not injuried people involved, accidents or particularly high blood alcohol concentration, standard offer is the same regardless of whether you are representes by a private attorney, public defender or by yourself.
Of course this is not true in all cases, in fact sometimes standard offer is just a starting point that can be negotiated, so prior to accept that, it's a good idea to get a lawyer's opinion.
Public Defender
They're usually very familiar with DUI law and defenses and if you don't have the money to get your own lawyer, the court will appoint one for you.
Also public defenders usually are well acquainted with the district attorneys and judges, knowing their tendencies, which can be really helpful.
The downside? They're FULL of work, they can't give you all their attention and you can't choose your public defender.
Generally a public defender doesn't deal with the DMV, you have to face it on your own.
Private Lawyer
A private lawyer usually represents you in DMV and criminal court. Having the same attorney working on both aspects of your case it's better and shortens the license-suspension period.
The only problem? The cost. Hiring a private DUI lawyer generally cost between $1000 and $5000, even more if you go to trial.
Having a private attorney can lead to a better plea bargain or dismissal of the charges, and it can minimize the time you have to spend in court, in fact you usually won't have to be present for routine court appearance.
In conclusion, if you can afford it, it's better to get a private lawyer, especially if you are very busy with your work and can't miss many working-day being forced to be present in court. If you can't afford a private lawyer, we suggest you to get public defense, represent yourself can be risky and many judges won't appreciate that.