Hiring a DUI Attorney: What Certification, Professional Affiliation, and Ratings Should I Look For?

 

Hiring an attorney to defend you against a DUI charge may be one of the most important decisions that you make in your life. Therefore, you want to feel confident that you have made an informed decision, and that you are getting the right person for the jobbefore signing a contract to retain an attorney’s services.

 

In order to evaluate how qualified prospective attorneys are to represent you, you should inquire - not only about the attorney’s track record of success in the field of DUI- but also about any extra-curricular certification or training they have received, and whatprofessional associations they are members of. In addition, there are several resources online, which allow you to access independent reviews and competency-ratings both from the attorney’s peers and former clients.

 

Is the Attorney Certified in Standardized Field Sobriety Testing?

 

If your attorney has received training and certification in administering the standardized Field Sobriety Tests – that is, the roadside maneuvers drivers suspected for drink/drug-driving are asked to perform by officers after they have been pulled over – then they will be better placed to examine the police report and bring to light any failure by the police officer to correctly follow procedure which could have led to false-positives during this stage of the investigation.

 

Furthermore, they will be able to present any evidence to the court about other reasons that you may have failed the tests, such as medical conditions, age, weight, uneven road surface, sensory impairments not-related to drugs or alcohol, and so on.

 

If your attorney can raise sufficient doubt about the results of the field sobriety tests you performed then this could lead to the negation of the officer’s probable cause for arresting you, and therefore invalidate the rest of the investigation conducted against you. This could lead to a more favorable result for your case, or even lead to charges against you being dismissed entirely.

 

Is the Attorney Certified to use a Breath Testing Device? Are they Qualified in Reading and Analyzing the Results?

 

The deeper the understanding your attorney has of breath testing devices and the reasons that they can lead to false-positives or inflated blood alcohol level readings, the more able he or she will be to discredit breath-test results. For example, your attorney may be able to show that the device was not calibrated correctly, the officer was not certified in administering the test, the driver had a high-level of mouth alcohol due to recently rinsing with an alcohol-based mouthwash, and so on.

 

This evidence could be crucial in weakening the prosecution’s case against you, and could prove that the arresting officer did not in fact have probable cause to arrest you and continue with their investigation.

 

Has the Attorney Completed the Drug Recognition Expert Course?

 

Drug Recognition Experts (DREs) are officers who have completed a special course administered by the International Association of Chiefs of Police (IACP) to help them detect drink/drug-drivers in the field and enable them to make a determination about whether apprehended drivers have consumed substances prior to driving that could lead to driver impairment, and what those substances might be.

 

These specially-trained officers are increasingly common in the field and are tasked with following a rigorous 12-Step procedure to enable them to make an accurate determination.

 

If your attorney has taken and passed the course, they will be well aware of any missteps by the DRE during your evaluation, and this could lead to a significant hole being poked in the case against you.

 

Similarly, if your attorney can prove that you had any other physical or mental impairments that led to an inaccurate conclusion being drawn about whether you had used substances prior to driving, then it may be shown that the officer did not have legitimate grounds to proceed with the next stage of the investigation, which is normally asking the driver to submit to a chemical test. Of course, in some states, you have already conceded to submitting to a chemical test by simply obtaining a driver’s license.

 

However, if you refused to submit to chemical testing – and the only evidence against you is the subjective evaluation of a DRE – you should certainly consider hiring a DUI attorney who is adept at discrediting DRE testimony.

 

Has the Attorney Attended the Annual Alcohol, Drugs and Impaired Driving Seminar run by the IACP or Other Seminars on Drink/Drug-Driving run by Professional Associations?

 

DUI law is a complex and ever-changing field. Law enforcement is becoming increasingly sophisticated in capturing and proving cases against DUI offenders, and best practices and technological developments are frequently shared at seminars attended by police chiefs and officers, such as the Annual Alcohol, Drugs and Impaired Driving Seminar run by the IACP.

 

The more up-to-date your attorney is with the best practices and techniques used by officers in the field, the more able he or she will be to discredit or weaken any of the evidence used to prove the case against you. Attending these seminars also shows a strong commitment on the part of the attorney to become a specialist their field and to continue with their professional development, which are positive traits to be aware of when hiring any kind of professional.

 

Has the Attorney Completed Courses or Attended Seminars on Mastering Scientific Evidence in DUI Cases?

 

Because of the level of scientific evidence involved in DUI cases, it is essential for DUI attorneys to be knowledgeable and skilled in understanding this evidence themselves. This will stand them in good stead to bring to light any inaccuracies or inconsistencies with the evidence, show any failure on the part of the police officers or laboratory staff to follow correct procedure when administering the tests or handling the evidence, and submit into evidence any information about their clients medical and physical history which could have led to false-positives with regard to the chemical or field-sobriety tests.

 

Is the Attorney a Member of the National Collegefor DUI Defense (NCDD)?

 

The National College for DUI Defense (NCDD) is a recognized by the American Bar Association and has over 1000 members – many of who are considered to be top DUI attorneys in their state.

 

The NCDD has strict criteria for membership including:-

 

• Eligible to practice law before the Bar of any of the United States Courts
• Competent in trial law: a proven track record of taking cases to trial and winning at trial
• Substantial current involvement in the practice area of DUI defense and other related offenses, and at least two years’ worth of experience defending DUI cases
• Reference letters from current-sitting judges or other DUI attorneys with at least 5 years’ experience
• Continued professional development, for example attending at least one seminar per year on DUI

 

Of course, simply being a member of the NCDD does not necessarily mean that an attorney is right for you. Likewise, not being a member of the NCDD does not mean that an attorney is not fully competent to handle a DUI case. Rather membership to the NCDD indicates a desire on the part of your attorney to be a specialist in the area of DUI – and that they have met the NCDD’s strict criteria for membership. Knowing that your attorney has been pre-screened by an independent professional body with rigorous criteria, should bolster your confidence in their ability to handle your DUI case – but this should not be the only criteria used to assess their competency.

 

Is the Attorney Board Certified by NCDD?

 

Board Certification is bestowed upon attorneys who are members of National College of DUI Defense (NCDD). In order to receive certification, the attorney must prove theirexpert status in regard to fighting DUI cases. Attorneys must meet a number of rigorous criteria in order to achieve this status, which goes beyond standard membership to the NCDD.

 

In order for an attorney to sit for the exam, he or she had to:

 

1. Show they are proficient in trial work – meaning they have taken their cases to trial and are considered a trial lawyer – this has to be documented and submitted to the College

 

2. Show they are competent at handling Suppression Hearings – this has to be documented and submitted to the College

 

3. Sit an intensive Oral and Written Exam

 

4. Write an Appellate Brief and defend that brief in front of a panel of three judges

 

Again, not being Board Certified does not mean that your attorney is not qualified to handle your case. Indeed there are less than 100 NCDD Board Certified attorneys practicing out of thousands of DUI attorneys across the country, so the chances of you finding a Board Certified lawyer in your area is small.

 

Arguably a proven-track record of success in defending DUI case, and in-depth knowledge about the particular laws in your county and state - is more important than Board Certification. But it is certainly a qualification worth noting when looking for a DUI attorney.

 

What is the Attorney’s Martindale-HubbellRating?

 

Martindale.com offers a peer review rating system for practicing attorneys. An AV rating is the highest rating that an attorney can receive on the site, and usually means that the attorney is well-respected by their peers because they have:

 

• Several years of experience practicing law in their particular field
• Demonstrated a high-degree of knowledge about the law
• The ability to communicate persuasively and effectively both in and out of court
• Achieved a high percentage of success – both at trial or negotiating favorable plea-deals for their clients
• Excellent networking and negotiating skills – for example, with other attorneys, judges, and key people in the legal industry that may lead to more favorable outcome

 

What is the Attorney’s AvvoRating?

 

Avvo is a similar web site to Martindale.com except reviews of lawyers are written and submitted by members of the public, and there is also a peer review section similar to Marindale.com.

 

Reviewers are asked to give marks out of 5 on the lawyer’s:

 

• Trustworthiness
• Responsiveness
• Knowledge
• Level of communication about the case

 

Reviewers also have a chance to write in detail about their particular experience with the lawyer.

 

The highest mark a lawyer can receive on Avvo.com is 10.0 which constitutes “Superb”.

 

Like any rating site, you should note how many reviewers have given a rating (for example, if the lawyer has a perfect 10 score, but only has two reviews – you should proceed with caution ). In regard to negative reviews, these could have resulted from the client having unrealistic expectations about what their lawyer could do for them, or may have arisen from a dispute over payment terms. Most lawyers will respond to negative reviews with their side of the story, so be sure to read the entire review and other reviews before discounting an attorney based on the feedback of one unhappy client.

 

Do Your Homework

 

While it may seem like a lot of work to interview prospective attorneys about their credentials and research them online, especially if you are evaluating 3 or more attorneys, the time spent doing this could prove invaluable in terms of the outcome of your DUI case, and ultimately the impact on your life. Furthermore, you will feel confident in the knowledge that the person you hire is who they say they are, and that they have the right knowledge, skills and experienceto successfully tackle your case.

 

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