Driving under the influence is a serious offence and one that can come with severe legal and personal consequences. For those charged with a DUI, one of their first decisions is whether to hire a DUI lawyer or represent themselves.
The decision comes with various pros and cons, and it’s worth weighing these up before deciding on your next steps. Here, we’ll explore what you need to consider before making an informed decision.
Pros of Hiring a Lawyer for a DUI Case
Let’s first look at why hiring a DUI lawyer can be a good idea for your case.
1. Legal Expertise and Knowledge of DUI Laws
Hiring a lawyer who has experience in dealing with DUI cases means you will be able to rely on their expertise. DUI laws are not only complex but also subject to change. The knowledge required for these cases also goes beyond simply knowing the law.
An experienced DUI lawyer will also understand legal precedents and procedural rules. Added to this, they will understand the full range of potential defences and how these defences can be applied to the nuances of each case.
2. Increased Chance of a Favourable Outcome
All the above means a DUI lawyer will give you more chances of having the charges reduced or dismissed. A seasoned DUI lawyer will scrutinize the prosecution’s evidence and come up with a line of defence that those not used to these cases may have not even considered.
Along with challenging evidence, a defence lawyer can also challenge breathalyzer results and the validity of field tests and identify procedural errors. This makes it more likely that you won’t have to suffer the hugely damaging repercussions of a guilty verdict.
Related Article: https://www.agpllp.ca/dui-defence-strategies-examining-field-sobriety-tests-and-breathalyzer-results-in-canada/
3. Negotiation Skills for Plea Bargains
There are times when a plea bargain may be the best solution for all involved. Your lawyer may suggest this if the evidence against you is strong but not watertight. This usually involves the accused entering a guilty plea in exchange for a lesser charge.
There are times when people don’t fight a DUI charge as they feel there is no hope. A skilled lawyer can work for a less severe punishment, such as for careless driving. This may result in a conviction but with much reduced consequences.
4. Representation in Court
Representing yourself in court can be overwhelming. It can seem like a good idea, but you’ll soon get caught up in legal procedures and processes, along with everything you need to gather to present a solid legal argument.
Not only is this a lot to take in, but it needs to be learned under huge stress. A DUI lawyer will advocate on your behalf and take this burden away. This will include not only presenting legal arguments but also other factors, such as cross-examining witnesses and ensuring your rights are protected.
5. Assistance with Sentencing and Administrative Penalties
If convicted, your DUI lawyer can still help. They can argue for reduced fines, shorter driving sentences, or participation in alternative programs. These can reduce the impact a conviction will have on your life.
In addition to criminal charges, a DUI can come with administrative penalties, such as license suspension. A lawyer can take additional steps, such as appealing against these penalties or tweaks to restrictions, such as being able to drive under certain conditions.
6. Reduced Stress and Time Commitment
There is an old saying that time is money. Handling your own DUI case would take a huge time investment. You would need to learn an incredible amount of information, and even then, you wouldn’t have the experience or expertise of a specialized DUI lawyer.
A lawyer will take on the burden of doing legal research, paperwork, and court appearances. This allows you to focus on the other aspects of your life without the impending court case consuming your thoughts.
Cons of Hiring a Lawyer for a DUI Case
There may be some significant pros to hiring a DUI lawyer but also some cons.
1. Legal Fees
Legal fees are one of the biggest barriers for people looking to hire a DUI lawyer. It can be a financial challenge, but if you’re worried about cost, many lawyers will offer you a consultation before you make a final decision.
This always needs to be weighed up against the personal cost of a guilty verdict. You may have to pay legal fees, but this can end up saving you in many different ways when it comes to the impact on your life.
Related Article: https://www.agpllp.ca/understanding-the-costs-of-hiring-a-dui-lawyer/
2. No Guaranteed Outcome
Even if you hire the best DUI lawyer in the world, there is no guarantee of a favourable outcome. The strength of evidence will always play a significant role in the final verdict. However, hiring experienced legal representation will undoubtedly increase your chances of success.
3. Risk of Unqualified or Inexperienced Lawyers
Not all lawyers are equal, and not all lawyers have experience with DUI cases. Hiring an inexperienced or unqualified lawyer can be a waste of time and money. It’s essential to do your research and ensure the lawyer you choose has a strong track record.
When Should You Consider Hiring a Lawyer?
There are only two reasons why hiring a DUI lawyer isn’t the right step. The first is if you have absolutely no means of paying for one. In these cases, you may be entitled to legal aid. This won’t give you the personalized expertise of a private lawyer, but it’s better than representing yourself.
The second is, for whatever personal reason, you want to plead guilty and accept the standard penalties. This could be due to guilt or acceptance of wrongdoing, but here, you actively don’t want to give yourself a chance at challenging the case.
For all other scenarios, hiring a lawyer will increase your odds of a more favourable outcome. This becomes even more pertinent if there are aggravating factors such as prior convictions or excessive impairment or if your livelihood depends on driving.
Final Thoughts
A DUI is one of those crimes where the implications go beyond criminal punishment. A guilty sentence can have significant ramifications on your personal and professional life. While there may be some cons, it’s clear these are far outweighed by the advantages.
Here at AGP LLP, we have the experience and expertise with DUI cases. We’ll be happy to offer you a free consultation and see how we can help. Get in contact today to give yourself the best chance of fighting your DUI charge.
