OTHER DUI/DWI RESOURCES

TOP TEN QUESTIONS TO ASK WHEN CONSULTING A POTENTIAL DRUNK DRIVING ATTORNEY

Few offenses in the criminal justice system (including homicide trials) call for greater Colorado for DUI/DWAI DWI attorney expertise than cases involving driving under the influence of drugs and/or alcohol. Properly defending a DUI / DWI case is just as complex as defending any murder case because driving while intoxicated cases almost always involve scientific evidence. (The chemical evidence obtained using blood or breath tests and the results of roadside sobriety tests all involve several scientific theories.)

At this critical time in your life, you need a skilled Colorado DUI/DWAI Lawyer who has the trial experience and formal knowledge to refute the evidence that the prosecutor holds against you. Any attorney you hire for your defense should also have formal training in the intricacies of this scientific evidence. For these reasons, you must ask the following questions of any attorney who you may consider hiring to defend you in court:

1. Are you a member of the National College of DUI Defense (NCDD)?

The attorney you choose to represent you in a driving while intoxicated case should definitely be a member of this prestigious organization. Unfortunately many “generalist” Colorado for DUI/DWAI DWI lawyers will accept DUI / DWI cases, but they make no great effort to learn about the specific techniques necessary to defend these complex cases. The only real service a general attorney can provide is to take your money and plead you guilty in court.

In contrast, members of the NCDD are dedicated to pushing the scientific horizons of DUI / DWI defense. Hiring any attorney who is not an involved member of this organization is usually a recipe for disaster.

2. Do you have any formal training in the administration of Standardized Field Sobriety Tests (SFST)? (These are the physical roadside and eye test that the officer most probably ordered you to perform.)

Lawyers with formal training in field sobriety testing are the best lawyers to defend your drunk driving case. Unfortunately, it is rare that an attorney knows what to look for or how to properly cross examine a police officer. Even fewer lawyers know that improper administration of the roadside tests renders the tests unreliable and invalid by the court or the jury.

3. Have you ever been trained and certified to use and operate the breath testing machine used in Colorado (known as the Intoxilyzer 5000)?

A qualified Colorado for DUI/DWAI DWI attorney will answer “yes” to this question. Mistakes frequently occur during breath testing. These mistakes may be due to operator error and/or machine error. It is important for the lawyer you hire to have knowledge about proper use of breathalyzers.

The lawyer you are interviewing should have a certificate that proves that he or she is trained and certified to operate and maintain the breath testing machine known as the Intoxilyzer 5000. This certificate will most likely be hanging on the attorney’s wall. Make sure that the police and the prosecutor are not the only people at your trial who know how this machine works!

4. How much of your practice is devoted to defending people who have been accused of a drinking & driving offense?

The answer to this question should be close to 100 percent. It takes years to truly learn the skills of drunk driving defense.

5. When, where and how did you win your last DUI or DWAI case?

The victory should be recent. Of course, the answers to this question will vary, but the lawyer you are interviewing should be able to name a recent “Not Guilty” verdict or dismissal in the pre-trial phase, motions hearing phase or jury trial phase.

6. When is your next DUI / DWI trial scheduled?

The attorney should have a trial scheduled within a week or two of your consultation. Most dedicated driving under the influence lawyers will have at least one drunk driving trial scheduled within a week or so of your consultation. Ask the lawyer where the trial will be held and go watch him or her at work. The best measure of a potential lawyer’s knowledge and skill is how he or she actually performs in court.

7. Have you had any other extensive experience in the handling driving while intoxicated cases as a DUI Police Officer, a Deputy District Attorney or as a Public Defender?

Unfortunately, many “general” Colorado for DUI/DWAI DWI lawyers are under the mistaken impression that any attorney can adequately handle a DUI / DWI case simply because most of these cases are misdemeanors. This couldn’t be further from the truth. If the lawyer you are interviewing has never had any experience as a public defender, deputy district attorney or as a former police officer, this should raise a red flag.

8. What blood testing training have you received? How many different training sessions have you attended?

Your lawyer should be able to recite numerous training courses and seminars devoted specifically to impeaching the blood test administered to check your blood alcohol content (BAC). Certificates of completion will usually hang on his or her wall. It is important that the potential lawyer has received specialized and extensive training in this area.

9. Have you ever been asked to teach or instruct, law students, other lawyers or members of law enforcement in the areas of DUI / DWAI law and/or defense techniques?

Teaching other professionals is a sign of accomplishment in an attorney’s area of specialization. The potential lawyer should be able to name at least a few different speaking engagements.

10. Are you a graduate of the National College of DUI Defense? If so, how many sessions of the NCDD have you attended and completed?

Not only should the potential attorney be a member of NCDD, but the lawyer should also be an active member. Some lawyers join the NCDD but never make the financial and time commitments necessary to finish the training programs the NCDD encourages members to complete. You should always ask for and compare the lawyer’s training resume with any other attorney you consider hiring to defend your case.