Every person has a right to a lawyer when they are facing charges in a criminal court, and that does apply to DUI cases. The court can assign a public defender to individuals who do not have a lawyer of their own, but it is normally best to hire a specialist. There are a few exceptions to that rule, so it can be a good idea to look at the details of your case so that you can decide if it is the right time to hire a DUI lawyer, or if you can make it through the case without one.
Consider Plea Bargains
The vast majority of DUI cases never make it to a trial, and many of them end with plea bargains. When that happens, the prosecution will offer a deal to the defendant where they face reduced charges or penalties in return for pleading guilty and skipping the trial.
People with no history of DUI are particularly likely to get generous offers. In that case, it may not be necessary to get a lawyer to help with the process. On the other hand, most of the initial offers are starting points. It is often possible to negotiate with the prosecution to get a better deal on the bargain, and lawyers have a lot of experience with that. You should take a look at your situation and decide if you think you the prosecution looks receptive towards negotiation. If it does, it is a good idea to call in a lawyer for some help.
Prior History
You should also take your personal history into account when you are deciding if you should hire a DUI lawyer. In general, the courts tend to be more generous with people who do not have any history of DUI charges. People who already have one or more arrests or convictions for DUI are much more likely to get harsh penalties and are less likely to get good plea deals, so they almost always want to hire a good lawyer. People who do not have the kind of history may still want a lawyer depending on the details of the case, but they are much less likely to need to have one. As always, the details matter, and you should consider your situation carefully before making a decision.
Situational Considerations
There are a lot of little things that can determine if you need a lawyer. For example, people who were only barely over the alcohol limit can often negotiate down to a reckless driving charge because the alcohol tests are not perfectly accurate. On the other hand, an arrest that involved a lot of property damage or injuries will generally lead to a harsher prosecution. Both of those cases call for a lawyer to deal with them because they are outside the norm for a DUI charge. In general, you should be more interested in hiring a lawyer for extraordinary cases than for the standard ones, since those leave the most room for negotiation and defense.
Commercial Drivers
Individuals who have a commercial driver’s license should always get a DUI lawyer, regardless of the details of the case. A conviction will often mean the loss of that license, which will have massive professional consequences. A good lawyer can often use their skills to ensure that the client keeps the license, and it is almost always worth finding someone to make that effort. The stakes are much higher for professional drivers than for anyone else, so it is vital that they take steps to protect themselves.
Going To Trial
You definitely need a DUI lawyer if your case is one of the few that goes to trial. A courtroom is a confusing environment with a lot of rules and procedures that the average person does not know. While it is technically possible to defend yourself at trial, it is unlikely to go very well. Lawyers know what to do in a courtroom and are trained to make sound arguments, so they will almost always do better than people who are trying to defend themselves. Specialized lawyers are the best, but any of them will be better than attempting a DIY trial.
