DWI & DUI Attorneys

What do DWI and DUI attorneys do?

DWI stands for driving while intoxicated or driving while impaired, and is also often called DUI or driving under the influence (of alcohol or drugs). While the exact definitions of these terms vary somewhat from one state to another, the laws defining these terms create criminal offenses that involve operating a vehicle while one’s performance is reduced by alcohol or drugs, including illegal drugs as well as prescription and over-the-counter medications. Under federal law, it is illegal to operate a common carrier vehicle under the influence of drugs or alcohol. DWI attorneys represent persons who have been charged with such offenses.

Where do DWI cases occur?

Most DWI and DUI cases are handled under state law by state courts. However, federal law also prohibits operating any common carrier, such as a bus, airplane, train, or boat, under the influence of alcohol or drugs. In such cases involving federal law, a person accused of a DWI offense might need an attorney to represent them in both state and federal court.

When would I need a DWI or DUI attorney?

You need a DWI attorney in any of the following situations:

  • you have been arrested or ticketed and charged with a DWI or DUI or a comparable offense;
  • you have taken a “breathalyzer” or blood test as part of a DWI or DUI investigation;
  • you have refused to take a “breathalyzer” or blood test as part of a DWI or DUI investigation;
  • you have been involved in a vehicle accident where the use of alcohol or drugs may have helped cause the accident;
  • you are facing suspension or revocation of your driver’s license due to the use of alcohol or drugs;
  • you have a DWI or DUI on your driving record and you have been charged with another offense involving a vehicle; or
  • you want to understand your rights under state and federal laws in relation to DWI or DUI or comparable offenses.

Why do I need a DWI attorney?

DWI and DUI are very serious offenses and are punished increasingly severely under state and federal laws. While you have the legal right to represent yourself in court, in DWI and DUI cases it is inadvisable to do so.

The law, court rules, and procedures can be very complicated. While you could learn much of that information, it would be difficult to learn it quickly, especially while you are facing the stress of being charged with a DWI or DUI offense.

DWI attorneys are familiar with the laws, procedures, court rules, filing deadlines, rules of evidence, rules for appeals, and other legal rules that will affect your case. They have experience working in court and can identify the various legal issues that you must address to achieve the best possible outcome. They can provide objective advice—something very important when you have been charged with a DWI offense and need candid information and recommendations. Finally, because many DWI cases arise from accidents involving personal injuries or property damage, a DWI case may involve civil liability in addition to criminal penalties. A DWI attorney can help you protect your rights in any civil litigation that may result from an accident where drugs or alcohol are involved.

How do I select a DWI attorney?

Here are some general guidelines and questions that you can use to decide whether to retain a particular attorney.

Knowledge

  • Does the attorney know the elements that the prosecutor must prove to establish guilt for the DWI offense with which you are charged?
  • How strong does the prosecution’s case seem, given the facts in your case?
  • If you are convicted, what is the range of penalties you will face?
  • If you are convicted, how likely is it that you will lose your driving privileges temporarily or permanently?
  • What evidence will be most important?
  • How can you, as the client, help the attorney in preparing and presenting your defense?
  • Can the attorney advise you about possible civil liabilities that may arise from your case?
  • Will the attorney have to do any legal research to handle your case? If so, how much?

Experience

  1. Has the attorney worked on DWI cases before?
  2. Has the attorney defended clients who were charged with the same DWI offenses you have been charged with?

Availability

  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

Level of comfort in dealing with them

  • Do you feel comfortable and confident in dealing with the attorney?
  • Does the attorney answer your questions in a way that you can understand the answers?

Is the attorney willing to spend the necessary time with you to make sure you understand all of the following:

  • the issues of your case?
  • your legal rights?
  • what penalties are possible or likely?
  • the pros and cons of plea bargaining with your case?
  • the strategy he or she recommends for your case?
  • the impact of a criminal conviction on your liability for civil damages resulting from the case? and
  • other points that you are concerned about?

How can I find a criminal defense attorney?

Attorneys Catalog provides a list of criminal defense attorneys licensed to practice law in several states: