Chapter 4: Does Everyone Charged With DUI Have To Hire A Lawyer?

The answer is yes and no. Not everyone charged with DUI strictly has to have a lawyer. You do have the option to speak directly with the district attorney or even defend the case yourself. I would not recommend it though. While you could probably learn the steps to perform your own appendectomy on YouTube, that does not make doing so a good idea. The same is true of defending your own DUI case.

In the most basic, straightforward cases, almost any lawyer who has practiced criminal law can get you a plea to DUI and walk you through the penalties. This might not be true if there was an accident, injuries, or other aggravating factors. However, if you have no criminal history, have a BAC less than .20%, had no children in the car, and did not have an accident or injure anyone, a minimally experienced lawyer can walk you through the plea process and get you set up for jail, any community service, DUI school, and tell you how much you owe in fines and where to pay them.

Only a lawyer who defends DUI cases regularly will likely be able to recognize what defenses might be available in your case, how the district attorney and the judge are likely to respond to those defenses and will be able to implement a strategy to use them effectively on your behalf. For that reason, it makes the most sense when dealing with a DUI to hire counsel who defends these cases for a living.