Questions You Should Ask Your DUI Lawyer

According to the National Highway Traffic Safety Administration, about 34 people die every day in drunk-driving crashes. Pennsylvania alcohol-related fatalities decreased from 320 to 308, alcohol-related crashes decreased from 8,638 to 8,337 in 2023. In Pennsylvania, drinking and driving is an important safety issue and is taken very seriously by courts and legislators. Being accused and arrested for driving under the influence in Pennsylvania can feel like the end of your life. If you are convicted, you risk losing your license, you could pay huge fines and court costs, and you may lose your freedom.

Working with a skilled West Chester DUI defense attorney is one of the best ways to fight charges of driving under the influence. Finding the right attorney to help you can be a challenge, however. Find out what to ask your attorney to ensure they will do their best to help you fight your charges.

What Questions Should I Ask a DUI Defense Lawyer?

When you have been charged with driving under the influence of drugs or alcohol, you have the right to defend yourself with the help of a defense attorney in the West Chester area. Knowing the right questions to ask can help you decide which attorney is right for you. Not every case is the same, and not every attorney will approach them the same way. You need to evaluate your potential defender’s experience, understanding of Pennsylvania’s drunk driving laws, your legal options, and who you will work with throughout your case.

Ask Your Attorney What Kind of Experience They Have Handling Driving Under the Influence Cases

Criminal defense is a broad legal practice area. Not every attorney will know how to approach drunk driving charges. You should ask any lawyer you’re considering hiring:

• Does your practice focus on DUI law, or are you a general practice attorney?
• How long have you practiced DUI law?
• What percentage of your caseload is devoted to DUI cases?
• How many of these cases did you handle in the past year and how successful were those cases?
• What percentage of your DUI cases go to trial.
• How often have you been able to get the charges dropped or reduced to a lesser offense?
• Do you have any specialized training in DUI law?

What Are My Legal Options in a DUI Case?

The Pennsylvania laws regarding driving under the influence are very complex. There are a variety of options, each with its own advantages and disadvantages. Your DUI defense attorney will be able to explain which options may work for you, either to get your charges dropped or reduced. For instance, a first time DUI offender may be eligible for the “ARD” or Accelerated Rehabilitative Disposition program. There are certain requirements to be admitted into the ARD Program, however.

Am I Eligible for an ARD Program?

The prosecuting attorney from the county in which you are charged must first make a recommendation. However, defendants still usually face a number of hurdles. The District Attorney considers whether or not there were any serious to people involved in the accident or other major damage arising from the incident which led to your DUI driving arrest, and extenuating factors such as whether there were any passengers under the age of 14 in your vehicle at the time of the DUI. Other factors pertaining to your criminal background record may exclude you from participation in the program. In some cases, the ARD program may not be the best option for you.

Double-check with your attorney about:

• What options are potentially available for my case?
• Is it possible to avoid going to jail?
• What about negotiating a lesser penalty for me?

How Well Do You Know the Local Area?

The law pertaining to DUI is the same throughout Pennsylvania. However, the administrative practices of the courts and the department of motor vehicle offices may differ according to their location. Different counties take different approaches to alternative programs,  such as work release or house arrest. You need a DUI attorney who knows what options are available for your defense, along with their familiarity with the local courts and law enforcement. You may ask a prospective lawyer:

• Do you regularly defend DUI cases in the local area?
• How well do you know the local courts and prosecutors?

How Do You See My Case Playing Out?

By the end of the consultation, you and the attorney should have discussed all the facts. It is important to provide complete and truthful facts, in order for the attorney to give you a fair and reasonable outlook. Once you have hired an attorney, he or she should be able to review police reports, dash cam videos, and other available information. Only then will he or she be able to form the most effective strategy to argue your case and give you a good idea of what to expect. Your attorney may decide to file a motion to suppress evidence, especially if they feel law enforcement had no probable cause to stop you in the first place.

Who Will Handle My Case?

It helps to know who you will be working with as your case progresses. Some larger defense firms have supporting staff, so it’s very possible that you won’t be working directly with your attorney. Make sure to ask:

• Will there be other staff working on my case, such as support staff, or paralegals?
• Will other experienced attorneys be working on my case?
• Who will be representing me in court?

How Do You Communicate With Your Clients?

People tend to have different expectations of attorney-client communications. Some clients want frequent updates; others only want to be notified of significant developments. It helps to have an understanding about communications from the beginning, to avoid misunderstandings later:

• How do you prefer to be contacted?
• How often will I receive updates on the status of my case?
• How quickly can I expect a response if I need to contact you?

How Much Should I Expect This to Cost?

There are a great many variables involved in the cost of a DUI case. There may be other expenses in addition to attorney’s fees. You probably will not get an exact price, but there may be a reasonable estimate:

• How much do you expect to charge for my case?
• Do you charge a fixed fee calculation or is it an hourly rate?
• What is included in the fee? What is not included?
• Will I be billed for travel time or mileage?
• How much is the retainer or minimum first payment?

Get Help With Your DUI Case Today

Michael J. Skinner and the attorneys at the Skinner Law Firm handle DUI cases in Chester County, Pennsylvania, and the surrounding areas. We can fight to protect your rights and seek the best possible outcome for your case. For more information or to schedule a free consultation, call Skinner Law Firm at (610) 436-1410 or contact Skinner Law online. We are here to help you.