What are my chances of winning a DUI case? 36 Answers as of July 02, 2013

I was caught drunk driving. I am worried that I will be found guilty of this charge. I have not done anything against the law before. What are my chances of winning this case if I hire a good lawyer? Do you have any pointers on how to get a really good lawyer to help me out?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
With any criminal charge, I strongly urge you to get a lawyer. There can be long-term consequences and you are presumed innocent until proven guilty. Simply because a person is charged does not mean that they are guilty of any offense. The prosecutor must prove guilt beyond a reasonable doubt. You have a right to legal counsel and should not be afraid to exercise your rights. An experienced OUI attorney would have the knowledge to answer your specific questions once they review your file in more detail and see the prosecutor's potential proofs.
Answer Applies to: Michigan
Replied: 6/11/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Do your research and ask others about who they used.
Answer Applies to: Massachusetts
Replied: 7/2/2013
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You should just call attorneys until you find one who you are comfortable with. The facts of your case will determine whether you have a winnable case. Your attorney should be able to advise you if there are facts that are favorable to you.
Answer Applies to: Kansas
Replied: 3/16/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You have little chance of success without an attorney to assist you. There are many ways that an attorney may be able to help you to prevent you from being arrested and perhaps you should consider consulting with an attorney.
Answer Applies to: Alabama
Replied: 3/16/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
That depends on the circumstances of the case and the charge. There are many ways to attack a DUI charge. However, the odds are against you. Most DUI cases end in convictions. You should consult an attorney who can evaluate your options and advise you of your chances of successfully defending your case based on the specific details.
Answer Applies to: California
Replied: 3/15/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Not knowing the particular facts of your case, I have no way of knowing what your chances are of winning. You need to hire an attorney. How to find a good one? Interview a few attorneys who practice in this area. Ask questions. You might ask friends or people you know who have had to hire an attorney. You may also visit the court in which you are charged and watch attorneys in action.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Toivonen Law Office | John Toivonen
    Most significantly you want a criminal defense attorney. Do not hire your family's estate attorney because he is willing to give you a special deal. You need someone who serves clients who are charged with crimes. It can help a great deal if the attorney regularly practices in the courts of the county where you are charged. Ask the attorney about his criminal defense experience, and his representation in intoxicated driving cases. As to how likely you are to win your case, there are several factors. They include but are not limited to BAC level, police testimony about your driving, police observations of your speech, and the results of the field sobriety test. A good criminal defense attorney will look very closely at the tests administered by officers. If the officer had you perform the heel to toe test in a dark area, with uneven pavement, a good criminal defense attorney will point out to to the judge or jury that this is not a fair test. Even a world class athlete who is sober could fail this test in these conditions. Attention to detail is crucial in intoxicated driving cases.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    DUI?s are defensible. The chance of winning and the cost in money to you for that defense depends on the facts. The best way to find a good DUI attorney is to have several free consultations that are offered. During that consultation you can provide your side of the facts. With that information the attorney should tell you if you need a DUI lab expert or not.
    Answer Applies to: California
    Replied: 3/14/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You need two things in choosing an attorney. First, the attorney has to be familiar with this type of case in the Court where your case is. Second, you need to be comfortable with the attorney, including the payment of the fees. With these two things, that is the attorney you should hire. Each case turns on the facts in the case. It is impossible to tell whether your case is one for a plea, motions, a trial, or even a dismissal, unless and until all the facts are investigated. If your case is in Macomb, Oakland or Wayne Counties, you may call my office for an appointment.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    I cannot tell you what the chances are of winning your DUI case without knowing all the facts regarding your arrest. As for how to find a good lawyer, I suggest you ask around and talk to people who have used different lawyers on DUI cases and see if they were happy with the lawyer's representation or not. If you know a lawyer who does not do DUI work he might be able to recommend someone he knows that does good work in that area. If you know anyone in law enforcement they usually know who the good DUI attorneys are. Of course, you can also look at the ads in the Yellow Pages, but all that really tells you is that the lawyer has money to spend on advertising. A lawyer's web site will generally give you more information than a Yellow Pages ad, but you still don't know how good he is without talking to people who are familiar with his work.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need someone who has handled these types of cases before. I have over 22 years of defending people of these charges and I continue to win DUI trials. The facts of the case are the important things that we look at in defending a case and also we work with the client to mitigate any problems.
    Answer Applies to: Nebraska
    Replied: 3/14/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Your chances of winning a DUI case depend on the circumstances. Find a lawyer who specialized in DUI cases.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Nobody can even begin to estimate your chances without knowing any of the facts surrounding your case. If you used the internet to post this question, I would suggest using the internet to search for an attorney in your area. Call around to a few different offices and see who you like best and what you can afford. Hire the one you feel you're able to work with and work with them to put together the best defense possible. I would also suggest refraining from posting things about your case online in a public case. Any statements you make related to your case can be used to prove your guilt at trial, and not everything on the internet is as anonymous as it seems.
    Answer Applies to: Oregon
    Replied: 3/14/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    15 percent.
    Answer Applies to: Nevada
    Replied: 3/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will most likely be convicted of DWUI or DWI if they can prove you were operating the vehicle and that you were impaired to some degree.
    Answer Applies to: New York
    Replied: 3/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is best to research attorneys like you would any issue you want to become informed on. Referrals are certainly a good way to find an attorney since you know the results the attorney as delivered with at least that one client. Please call several attorneys and determine which one you trust.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is impossible to tell you what will be the outcome of your case, without reviewing your file completely, and that means, having the evidence from the prosecution, which will give me the proseecution's side of the case. If the facts indicate you were not high or buszzed, or you blew below a .08 in the breath test, you stand a god chance of victory, with the right lawyer. If this happened in Illinois, you stand a good chance of not having your license revoked. Look for an attorney familiar with the court you are to be scheduled for, and who has?handled a large number of DUIs before, and is up to date on the DUI laws. A good place to start is with your local bar association.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Every case is different, it is impossible to tell you off your car can be beaten without more information.
    Answer Applies to: California
    Replied: 7/2/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    This is a fact intensive question to would take looking at the police reports and talking to witnesses in order to answer. You need a good attorney.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Most criminal defense attorneys with a few years experience have handled many of these cases and as such will be able to help you greatly. There are however very few specialists in the area which usually are very very expensive. Unless your cAse has extremely difficult circumstances or facts any attorney with several years experience in criminal defense will be able to do an excellent job assisting you.
    Answer Applies to: New York
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    A good DUI lawyer may help. But if it is your first DUI offense, and there was no wreck, all you are facing is 24 hrs in jail (mandatory minimum, but you get credit for any time you served before you made bail), plus fines, community service, and DUI school. You can have your license back in 4 months or so if you work hard to get all your requirements done quickly. That's how my brother was able to get his back after 4 months.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Cases vary, but some things are consistent. If you hire an attorney to plead you out, then you will get a conviction. If you hire an attorney to fight then there is at least a fighting chance you will not. Do you want to know how to look for a good attorney for your DUI case? Consider some of the following questions- In the past six months, how many clients charged with first time DUI has the attorney had plead guilty or no contest to the charge of DUI? The Law Office of Kevin O'Grady, has not plead guilty or no contest ANY clients charged with DUI to DUI, ZERO. Remember that in Hawaii DUI is a crime that cannot be deferred. In Honolulu county the prosecutors do not plea bargain DUI down to reckless driving or another crime for example. You fight to remain conviction free. Another question- What is the maximum number of DUI cases the attorney takes in a month? Is there a maximum? What is the average number of DUI cases the attorney takes in a month? Consider that if the attorney takes 20 or more DUI cases in a month, how much time will your case be given? Consider the possibility that the attorney may work on volume taking 20, 30 or even more DUI cases in a month.
    Answer Applies to: Hawaii
    Replied: 3/14/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    You probably will not win, but an attorney can plea bargain a much better deal than a straight up guilty plea.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    Ultimately, your chances at winning a case are dependent upon the facts of your case. The world's best attorney is not going to be able to have your case dismissed if you recorded a BAC of above a .08 on a calibrated machine at the police station. Even in instances in which a breathalyzer test was not administered, the judge is effectively asked to consider the testimony of the defendant versus the testimony of the officer, as well as any other evidence that may be obtained (such as video tape from the officer's camera in their vehicle). With that being said, there are options other than "winning" which are available to defendants. You may wish to speak with an attorney to determine whether pleading the case is your best option, or whether you do have a legitimate case that needs to be taken to court.
    Answer Applies to: Alabama
    Replied: 3/14/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Every case is different, therefore I can't really say what your chances are of winning. Although I can say, it can be done. On hiring a good attorney, make sure you hire someone qualified and trained to handle a DUI case. Make sure they are trained in field sobriety testing and on administration of the secondary breath test (here's a hint, there are only 2 attorneys in the state trained in the secondary breath test). Look at the professional organizations they belong to, are they a member of the National College for DUI Defense or the West Virginia DUI Defense Lawyers Association? That is where I would start if looking for a good DUI defense attorney.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Pingelton Law Firm | Dan Pingelton
    It depends on a lot of things. If you have a BAC result of higher than .08, your odds of winning aren't that great. It's not impossible, though.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You definitely need to hire an attorney. Most, like myself, offer free consultations, which you should take advantage of. Make sure you meet with the attorney who will be handling the case, and make sure you like him or her. If any friends or family have recommendations, take those into consideration. Don't hire someone because they are the cheapest. If a lawyer's fee seems too good to be true, it probably is. The reason I mention this is that some of the cheaper firms are "defendant mills" where they get you as a client and then sub out your case to appearance attorneys.
    Answer Applies to: California
    Replied: 3/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. No ethical attorney is going to ?guarantee? you to beat the charges. The facts and evidence dictate the outcome. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 3/13/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    The internet is a good place to research lawyers. Look for disciplinary records at the state bar of Georgia web site. Ask potential lawyers how many DUIs they handle and how many they actually try. You want somebody that can actually try a case. A good lawyer can make a big difference.
    Answer Applies to: Georgia
    Replied: 3/13/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you ask family members and friends about good, experienced criminal lawyers in your community and then, we suggest you meet with the attorney in person and discuss your case and their experience before retaining him or her.
    Answer Applies to: Georgia
    Replied: 3/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Based on the lack of detail in your question, I can tell you only one thing. 90 plus percent of DUI cases that go to trial in front of a jury result in a conviction. Beyond that you will have to discuss the facts of the arrest to get any other advice and no lawyer is going to lay odds on whether you can "beat" the charge. The best "tip" I can offer is hire an experienced DUI defense attorney.
    Answer Applies to: Washington
    Replied: 3/13/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    A good DWI attorney will understand the issues in your case. He or she should be asking you questions about the reason for the motor vehicle stop, the nature of any questioning and the manner in which any tests were explained and conducted. Find out what the attorney charges. If he or she offers a flat rate, that should tell you that the attorney has tried DWI cases in the past and knows how much work goes into defending a case. Ask counsel about prior experiences with the particular court you are in and the police department you are dealing with.
    Answer Applies to: New Hampshire
    Replied: 3/13/2012
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    Hire an attorney who specializes in DWI.
    Answer Applies to: Missouri
    Replied: 6/18/2013
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Like any case, a drunk driving case is fact specific. A good OUI attorney will know how to cross examine and attack witnesses for the prosecution. If the prosecution case can be weakened by good cross examination and your attorney has properly prepared witnesses for the defense, there is a good chance that you will win. If there is no breath test and no accident, there is a stronger chance that the case can be won.
    Answer Applies to: Massachusetts
    Replied: 3/13/2012
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    A lot depends on your blood alcohol level. The higher it is the tougher to win. But, truthfully, winning any DUI case is tough and I wouldn't put the odds at much better than 20-1.
    Answer Applies to: California
    Replied: 3/13/2012
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