If you have been charged or arrested for driving under the influence, it is an excellent idea to talk to a lawyer. Depending on finances, you may want to hire a private attorney with DUI experience. Another option is court-appointed counsel. Trying to represent yourself is a risky possibility. This information is helpful when retaining a private DUI attorney.

Do Not Waste Time

Even if the court date is not in the immediate future, you should talk to a lawyer right away. It is often imperative to act quickly to have your rights protected. Besides representing you, a lawyer tells you what to do until the court date.

One suggestion might be to go to AA meetings or get into substance abuse treatment immediately. Usually, there is a deadline to challenge or postpone the suspension of a license by the DMV or other state agencies. It is usually ten days or less. Your blood alcohol concentration has to be above the legal limit. A DUI lawyer can tell you the duration of time and what needs to be done to challenge a suspension.

Choosing the Right Lawyer

Many lawyers handle DUI cases. The process of choosing the right one can be daunting. Questions about the following may help in your search.

• Free consultations
• Practice areas
• Experience
• Local knowledge
• Fees
• Scope of representation
• Who handles the case?

DUI lawyers usually offer a free initial consultation to prospective clients. You are not obligated to hire an attorney with whom you consult. Bring any paperwork that pertains to notices and citations related to DMV hearings, license suspension, and court dates, as well as a written list of questions.

Ask the lawyer how much of the practice is devoted to DUI cases. Some work exclusively or nearly exclusively on DUI cases. Lawyers who focus on DUIs are more up to speed on recent DUI law changes. They also have a better understanding of DUI plea bargaining and trial defense options.

An attorney who handles more DUIs than other is not automatically the best option. An attorney’s quality of work is frequently indicated by reputation. Reputation is a significant factor. Another consideration of importance is how long the attorney has done DUI defense. While the number of years a lawyer practiced law is not a surefire indicator of the quality of work, experience is valuable.

Ask about the amount of trial experience the lawyer has. Some lawyers do DUI cases regularly but seldom go to trial. Besides the trial record, repeated exposure to a variety of cases can help an attorney anticipate possible outcomes. That information is helpful when advising clients on their options. Is a plea bargain recommended? Is it worth going to trial? Is there a chance of the prosecution dropping or the judge dismissing the charges?

Ask how familiar the lawyer is with the Arizona DMV office and relevant courts. A lawyer who represents clients in a particular area regularly may have a personal relationship with judges and prosecutors and be aware of their tendencies.

The attorney may know if the prosecutor offers the same plea deal to all cases similar to yours. Practices of DMV offices and courts may differ from a location. Lawyers who know the local scene may have an advantage – find a DUI attorney in your locality.

Having a clear idea of what the lawyer charges and what the fees cover is essential. Ask if you will be charged a flat fee or an hourly rate. The lawyer bills you for the time spent on your case at an hourly rate.

It is more common for a DUI lawyer to charge a flat fee. Ask what a flat fee covers. A lawyer may charge $3500 for handling a case from beginning to end. Sometimes, a flat fee covers work up to a trial. If your case goes to trial, there may be additional fees. Inquire about the possibility of extra charges for things such as expert witnesses and investigations. Other expenses are often an integral part of quality representation.

Also, ask if the fees cover the lawyer representing you in DMV proceedings. It is an administrative process that has to do with license suspension and is separate from a criminal case. It is recommended to have the same lawyer represent you in administrative and criminal matters. You are more likely to have consistent strategies. Some attorneys include DMV representation at a flat fee; others charge additional fees.

If the firm you interview has multiple lawyers, ask who will work on your case and accompany you to court. Clients sometimes feel they have been misled when someone other than the original lawyer they spoke to appears in court. A related but separate issue is the number of clients the law firm or attorney has. Feel comfortable that you will get the attention and time you expect.

Aggravated DUI Specifics

Not all DUIs are the same. Some involve circumstances that have aggravating factors that support stiffer penalties. Aggravating factors include:

• A high blood alcohol content
• Being involved in an accident
• Prior DUI offense
• Driving with a revoked or suspended license
• Having children in the car
• Having a commercial driver’s license

Case outcomes are significantly worse for those accused of aggravated DUI rather than arrested for simple DUI. Whether through no-contest or guilty pleas or after a trial, 81 percent of those charged with aggravated DUI are convicted.

The conviction rate for simple DUIs is 51 percent. Of those, 15 percent are felony convictions and 85 percent misdemeanors. Some 14 percent of aggravated DUI victims plead guilty to lesser offenses. Only five percent have charges dropped or do not face charges. Simple DUI arrested victims ‘get off’ because the prosecution does not file charges, the charges are dropped, or 33 percent of the time the defendant is acquitted.

Penalties

Those charged with aggravated DUI experience stiffer penalties also. The most notable difference is time behind bars. Without aggravating factors, only four percent are sentenced to a period of incarceration. Those charged with aggravated DUI receive prison or jail time 26 percent of the time.

Nearly 50 percent of the time, those charged with aggravated DUI have to attend alcohol treatment of education classes and install ignition interlock devices five times more often than those with DUIs without aggravating factors.

The Cost of Aggravated DUI

As the severity of criminal charges go up, the cost to the defendant increases. The average price for aggravated DUI arrests is $7100 compared to $5900 for a standard DUI. Common expenses include

• Lawyers’ fees and expenses
• Bail
• DMV fees
• Fines ordered by the court
• Alcohol treatment or education
• Installation of ignition interlock devices
• Towing and storage
• Increased insurance rates

DUIs have also cost offenders jobs and employment opportunities. Lawyers’ expenses and fees are about ten percent higher for aggravated DUIs. Compared to those with standard DUI charges, aggravated DUI costs 200 percent more for ignition interlock devices, 250 percent more in alcohol treatment and class fees, and 133 percent more in fines ordered by the court. The time required to use ignition interlock devices or attend classes is double or triple when the charge is aggravated DUI. Outcomes and costs differ depending on the aggravating factors involved.