Hiring The Right DWI Attorney In Monmouth County: A Step-By-Step Guide

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In this article, you will discover:

• What to consider when you hire a DWI attorney.
• The benefits of hiring an attorney with a DWI specialty.
• The questions you should ask a DWI attorney during the initial consultation.

What Should I Consider When Looking For A DWI Attorney?

Experience

While there’s no template for picking an attorney, they should have a significant measure of experience trying DWI cases. Ask the attorney if they are a member of any organizations, such as the National College for DUI Defense, DUI Defense Lawyers Association or the Association of Criminal Defense Lawyers. These are the kinds of organizations that would indicate that an attorney has a particular interest and experience in the field of criminal and DWI defense.

Ask if the attorney is board-certified by any courts or any organizations. The New Jersey Supreme Court certifies Municipal Court law attorneys. While this is not necessarily a certification for DWI defense, DWI represents the most important aspect of defense practice in New Jersey’s municipal courts and the most serious charges.

Your Comfort Level

You have to feel comfortable with the attorney. Get a feel for how they communicate and whether they’ve answered your questions. There are only a handful of attorneys that specialize in DWI defense. Other criminal defense attorneys are competent, and depending on the nature and characteristics of your case, there might be a broader range of attorneys available.

For example, if your case involves a breath test refusal and there is no chemical testing or specialized testing involved, you may have more attorneys to choose from. However, if your case involves breath testing, blood testing, or unique fact situations, you should consider hiring somebody who concentrates their practice on DWI defense.

Cost

Keep in mind that the attorneys who specialize in DWI cases are going to charge more. Most good DUI defense attorneys will charge a hefty retainer. If a lawyer’s fee is extremely low, this could be a red flag.

Find an attorney who will justify the money you’ll spend. You’ll get a better result if you hire someone who has a deep knowledge of the law, will fight for you, and doesn’t waste time doing unnecessary research.

Most attorneys will charge a flat fee, while others work on an hourly basis. Flat fees give you more predictability on the budget as opposed to the potential surprise of a much larger bill with an hourly rate.

How Important Is Local Experience When Hiring A DWI Attorney?

New Jersey is a small state. While local experience can be helpful because the attorney knows the judge and the prosecutor, it’s not the most critical factor to consider. Knowledge of the relevant law is the most crucial factor when representing a DWI defendant.

Hiring a local attorney who knows the local courts does have value. Judges and prosecutors will know how an experienced and knowledgeable local attorney operates. They know that such an attorney will not waste time and will raise valid issues, whether it’s to preserve the record for appeal or to fight back against the state’s case and get a positive result for their client.

What Are The Benefits Of Hiring A Specialized DWI Attorney?

A DWI attorney can match up reported cases with the fact patterns they deal with every day. They know what the common defenses are. When they review police reports and look at videotapes, they can see if there were errors made during your DWI stop. Sometimes, the evidence against you may appear solid based on police reports and video, but an experienced DWI attorney can find flaws and holes in the state’s case that less experienced attorneys would have missed. And this insight and attention to detail can mean the difference between a guilty verdict and seeing your charges lowered or dropped. It is usually a much better idea to hire an experienced DWI attorney to handle your case.

How Do I Evaluate An Attorney’s Experience In DWI Cases?

In assessing an attorney’s experience, you should ask how many cases they have tried and how many of them are DWIs. You should also conduct an internet search for the attorney to see if any ethics issues come up. You want to make sure they’re reputable.

If an attorney makes a recommendation, you want to understand the basis for that recommendation. It has to make sense to you, the client. You get to make two choices in the DWI process. These choices are yours and yours alone:

Choice #1: Deciding Whether To Go To Trial

The first choice is whether to go to trial or take a deal. Your attorney will make a recommendation, but you make the ultimate decision. If you like the attorney’s advice, you follow it. If you don’t like the advice, see how strongly the attorney holds the opinion with regard to that advice before deciding.

Choice # 2: Deciding Whether To Testify

The second choice is whether to testify or remain silent at trial. You do have the right to testify at trial and tell your side of the story to a judge, but this means you will be subject to cross-examination by the prosecutor.

There are specific stock questions prosecutors ask on cross-examination to challenge your credibility. These questions address whether you’re aware of the penalties you face if you lose and whether you want to suffer those penalties.

You can also choose not to testify, and that is a Fifth Amendment constitutional right. As such, the prosecutor cannot comment on your decision. The entire burden of proving your guilt is on the state. Therefore, If you choose to exercise your constitutional right, that will not be held against you. Most judges seem to understand that.

It’s an unusual case where the defendant chooses to testify. In some cases, the defendant is the only source of the evidence necessary for the defense. However, that is the exception, not the rule. In the vast majority of cases, you should exercise your right to remain silent.

What Red Flags Should I Avoid When Hiring A DWI Attorney?

There are a few red flags you should look out for when hiring a DWI attorney:

The Fee

If the attorney’s fee is too low compared to other attorneys you’ve talked to, it’s probably an indication that this is a lawyer who will not properly investigate the case and who will not fight for you.

Ethics Issues

Search the lawyer’s name on the internet to see if there are any ethics issues. If an issue surfaces, discuss it with the lawyer and see if they have a good explanation. If you don’t feel comfortable with their explanation, don’t hire that lawyer.

Lack Of Communication

Another red flag is a lawyer who doesn’t let you talk. Lawyers will guide a conversation, particularly at the initial intake, as there is certain information they need to assess fundamental aspects of the case. However, even in that structured interview, you deserve the chance to talk.

Your attorney should always leave the door open at the end of the interview so you can say anything you think is relevant.

What Questions Should I Expect To Be Asked During The Initial Consultation?

During our initial consultation, I’ll start by asking:

• What were you charged with?
• Were there companion tickets to the DWI?
• Do you have any prior convictions for DWI or breath test refusal?
• How is your driving record?

Next, I’ll ask: Where were you born? That’s a particularly relevant question with our new administration. Recent federal legislation states any alien or non-citizen convicted of a DWI is immediately deportable and excludable. That means you leave the country, and you won’t be let back in. This legislation applies to any alien, whether you have a green card or visa, you’re undocumented, you’re seeking asylum, or you were formerly DACA.

I’ll also ask you what happened. As you tell me what happened, I can see if the elements of the offense are met. Specifically, I’ll explore:

• The reasons why you were pulled over
• Why you were arrested
• Whether you did balance tests
• Whether you have physical problems that would affect your ability to do those tests

What Situations Might Cause Me To Fail A Sobriety Field Test?

The state’s theory is that any impairment you display in field sobriety balance testing is due to alcohol or drugs. For your defense, ” impaired” is not a bad word. Impairment can be caused by many things that are not illegal.

These include everyday causes such as being nervous, tired, distracted or having physical problems with your feet, ankles, knees, hips, back, shoulders or neck. Perhaps your balance is naturally not very strong. Perhaps you didn’t perform well on the test because you had uncomfortable shoes, or you’re just not familiar with how the tests are done.

There are a multitude of reasons why you may not have performed well on a field sobriety test that have nothing to do with drugs and alcohol.

What Role Will Police Reports And Video Evidence Play In My Case?

As your attorney, I will need to read the police report connected to your stop and arrest. I will also ask you to point out any discrepancies between what really happened and what’s written in the report.

I will also ask you to look at the videotape of the stop, as your recollection may not match what is depicted on the video. I’ve had clients tell me they were hopelessly drunk, but when we looked at the videotape, they weren’t terribly incapacitated at all. Likewise, I’ve had clients tell me they did everything perfectly, but the videotape shows otherwise.

Videotape also enables us to see things that were missed, both by you and the police officer. For example, by way of putting you at ease, an officer might say, “Let’s see what the breath test result says.” This suggestion indicates that they may have doubts. These are all issues that can come into play as we get into the trial.

Could Certain Medical Conditions Play A Role In My Defense?

Yes. Because of the way breath testing is used to measure blood alcohol content, I’ll also want to know if you have certain medical conditions that could lead to contamination of that sample. These conditions include gastroesophageal reflux disease, dental issues, Invisalign braces, tongue studs, lip rings, dentures or braces.

We’d also want to gather documentation, such as your medical and dental records, to support arguments we make to undermine a breath test with hard evidence.

Will My Lawyer Ask Me Questions About Prior Convictions?

Yes, as your attorney, I am also going to ask you about prior convictions, whether you were represented by an attorney, and how long ago those convictions occurred. I’ll look into those convictions to see if there’s a possibility for post-conviction relief.

The purpose behind doing post-conviction relief is to reduce any penalty exposure you may have if the case I’m representing you on now is a second, third or subsequent offense.

What Questions Should I Ask A DWI Attorney During The Initial Consultation?

You want to know if this person you’re hiring is somebody who tries DWI cases often and knows what they’re doing. When you’re shopping for an attorney, ask them how many cases they’ve tried and if they belong to any specialized organizations, such as the National College for DUI Defense or the DUI Defense Lawyers Association.

You should also find out if they’re members of the local bar association and the Municipal Court practice section. You can also ask if they’re certified, either by the National College of DUI Defense or the New Jersey Supreme Court, as a municipal defense lawyer.

You want to know how your lawyer communicates and keeps clients in the loop. I keep my clients in the loop through email and telephone. I give them my cellphone number so they can call me directly with questions or concerns. I also tell them I have a strong support staff they can contact about police reports or videos that come in, when the next court date is, or whether the hearing is in person or by Zoom.

Finally, you want to feel comfortable with your lawyer. You want to feel they are going to do the best they can for you while keeping you informed and up-to-date at all times.

How Soon After A DWI Arrest Should I Hire An Attorney?

It’s never too soon to hire an attorney. Ideally, you should begin reaching out to an attorney before your first court date. Police officers will generally write what’s called an arraignment date at the bottom of the ticket. You need to find out by calling the court to determine if this date is accurate. If I’m hired early on, I’ll take care of this step for you.

At the arraignment, you will be told what the charges are. You’re given a rough idea of the consequences and will be asked if you want to hire a lawyer. The answer to that question should be “yes”.

The next question is: Do you qualify for a public defender? Many people have financial constraints that make hiring a lawyer difficult. However, there are strict financial guidelines to qualify for representation by a public defender. Most people’s income will far exceed those guidelines.

While some public defenders are better than others, they usually handle large volumes of cases and can not give your case the attention that an attorney specializing in DWI defense will provide.

It is generally better to hire a private attorney, somebody you’ve interviewed and feel comfortable with. The sooner you can identify and contact that attorney, the better.

How Can An Attorney Help Reduce Or Dismiss DWI Charges?

Prosecutors deal with many cases, and they don’t always look at the video of your stop. They may read the police reports, but the first factor they’ll probably consider is the breath test result.

If the result is a lower reading, you may get a favorable plea bargain. For certain first offenders, there’s a big difference between the severe penalties assessed against someone with a breath test or blood test result above a .15 versus someone who has no breath test result at all.

If you are a multiple offender, because there is mandatory revocation or extended periods of interlock restriction at the end of revocation, your penalties involve community service or even a jail term. Your attorney will look into your case and determine if there are explanations for bad observations or factors that caused your impairment apart from drugs or alcohol.

In order to get a good result, your attorney must have a reputation for going to trial. The overall trial rate for DWI cases in New Jersey is one out of 100. My trial rate is one out of five, and I’ll encourage you to head to trial if no reasonable offer is made by the prosecution.

What Are The Risks Of Not Hiring A DWI Attorney And Representing Myself In New Jersey?

It is incredibly risky to represent yourself in a DWI case. You are not an attorney and may make inadvertent and serious mistakes if you handle your case alone. You could make assumptions about your guilt when there are defenses readily available. It is crucial to hire a knowledgeable attorney, as representing yourself can be legally disastrous and land you with penalties that could have been avoided.

Still Have Questions? Ready To Get Started?

For more information on How to hire a DUI attorney in NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.