Can An Attorney Accurately Assess My DUI Case at the Initial Consultation?

I can tell a lot about a case from speaking with my client at the initial consultation. I go over the facts with them as they see them, covering the medical issues if there are any, if it involved an accident, if the officer told them what number they blew on the intoxilyzer machine. I can give them a little bit of an idea of what to expect depending on whether it is a first offense or a second offense or a third offense.

I can have a pretty good idea but it is just too hard to tell because there are two sides to every story and a lot of times the information is a bit foggy. They’re sometimes afraid; they’re focused on the possibility of going to jail and what’s going to happen to them. They don’t remember a lot of the details, and so it is always important to get the rest of the information from the DUI report and from questioning the officer.

You cannot really give a good evaluation of the outcome of the case at the initial consultation. You might be able to give some maximum and minimum parameters but there definitely has to be more information. It goes back to the question earlier about those attorneys that are promising a victory, no jail time, no license suspension, the case is going to be thrown out. You cannot make those promises; it is not fair to the client because you don’t have all the information.

How Much Time Should Someone Take to Decide About an Attorney?

Timing is really important in a DUI and the main reason is because the clocks start ticking for the request to send into the driver’s license division. They only have 10 days to do that. The impound fees start accumulating, the court only gives you a certain amount of time to contact the court and get your hearing scheduled and if you don’t contact them, they just issue a warrant for you. They need to make a decision as quick as possible. If a person is arrested for a DUI and gets out of jail,  released to a family member, one of the first things they should be doing is contacting an attorney to help them through all of it.

The attorney can make sure that their request gets sent into the proper place at the driver’s license division and to make sure they go down to get their car out of impound. If they were stopped for some kind of equipment violation, then counsel can have the mechanics at the tow yard verify that they actually see that burnt out tail light or the burnt out license plate light. They need to have the attorney’s help right off the bat to contact the court to request the police reports and the video so they can start preparing that defense. The biggest reason they need to get those reports quickly is because of the driver’s license division. Once the request is made for the hearing, the driver’s license division is obligated to conduct that hearing within 30 days of the citation.

Consulting An Attorney As Soon As Possible Is In The Best Interests of the Defendant

The attorney has to get the police reports, which can take some time. It can take seven to ten days in some cases just to get the DUI report and then get prepared for the hearing. The driver’s license division here in Utah does not contact the attorney to schedule the driver’s license hearing. They just say, here is the date and time, be there – and they are pretty inflexible about moving that.

So the quicker the person can consult with the attorney, and the attorney can start adjusting his calendar and getting the information he needs to prepare for the case, the better. That is why it is important to get in contact with someone right off the bat. When someone is contacting different attorneys and shopping around, the attorneys should be explaining to them that these are the things that matter, this is what you need to know to make your decision quickly, because there’s not a lot of flexibility in the process when it comes to trying to keep their driver’s license, which is one of the main important things for most clients.

For more information on Initial Consultation For A DUI, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling
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