Whether it is a casual dinner with a client or your spouse, an afternoon backyard barbecue with family, or a holiday celebration, there are plenty of opportunities for people to have a couple of drinks before driving home. Whether you overestimated your abilities and thought you were sober after just a drink or two, or knew that you had had more drinks than you should, when law enforcement pulled you over, the outcome was the same: you were charged with driving while intoxicated (DWI). While you might choose to fight a speeding or parking ticket on your own, DWI charges are much more serious and can have lasting consequences. Hiring an attorney to assist you is not required by law, but it may be in your interests to do so. You do not want to just choose one from the list that shows up when you search online, however. You should instead meet with a few different attorneys and ask them questions before deciding which one is the right one for you. What questions should you ask, though? What answers should you be looking for? There are some basic questions that most attorneys will tell you to ask, but we will go beyond those to give you some more detailed questions that will provide more insightful answers into the attorney’s process and thoughts on your particular case so you can make a more informed decision. If you are looking for a DWI lawyer, our experienced New Hampshire attorneys at Friedman & Bresaw, PLLC could potentially review your case, provide guidance and advice, and offer representation in court. Call (603) 707-4800 to book a complimentary consultation in our Meredith office if you have been charged with a DWI in Meredith, Laconia, or Belknap Counties.
Top 10 Basic Questions To Ask a DWI Lawyer
There are some basic questions that make the top 10 list of questions to ask a DWI lawyer before hiring them. These questions are ones that any attorney would suggest asking, and would often apply to any kind of case. While these questions are basic, they can also be crucial to finding the right attorney for the individual.
What Is Your Experience With DWI Cases?
When someone is seeking a DWI lawyer, they should expect to hear that the attorney has extensive experience with DWI cases. While the attorney may also take on other kinds of cases, they should be regularly taking DWI cases and working with the local officers and judges. This indicates a familiarity with New Hampshire’s DWI laws, as well as knowing how to navigate the system. Having good working relationships with the officers, prosecutors, and judges can also help improve the outcome in a DWI case as the attorney will have a better understanding of who is willing to work out plea agreements and who is a stickler for going to court and pushing for convictions.
What Other Types of Cases Do You Take?
Many lawyers specialize in a specific type of case, such as DWI cases, but many also take other types of cases. Sometimes this is out of necessity because one type of case may not occur frequently enough in their area to make it profitable for them to specialize solely in that type of case. However, individuals should be confirming that the DWI lawyer does not spread themselves too thin with too many practice areas. If the attorney tries to work in too many different practice areas, they may be less familiar with the specific laws that apply to a DWI case, which may mean they will need more time to review the case, build a defense, and refresh their memory regarding the laws.
What Is Your Track Record for Winning Cases?
The reasoning behind this question is obvious. When charged with a DWI, drivers want to know that the DWI lawyer they hire has won similar cases in the past. While past wins do not guarantee future wins, it does indicate that the lawyer is experienced, understands the law and the system, and is capable of building a successful defense.
How Strong Is My Case?
Whether the attorney believes the case is strong or weak is not really the point of this question. The real purpose is to see how well they understand the case. Can they identify what makes the case weak or strong and why? Can they explain it in a way that the individual can understand and that makes sense? As the case progresses, a DWI lawyer with good communication skills will be better able to assist their client in understanding what is going on, what to expect next, and what options they may have.
What Are the Best and Worst Possible Outcomes for These Cases?
This is another question that gauges the attorney’s communication skills. The answer to this question will also show the attorney’s range in terms of how they will defend the individual’s case. Additionally, this question can provide insight into whether the DWI lawyer is honest. If they promise nothing but good outcomes, they may be lying simply to get the individual’s business and may not be able to deliver on that promise. On the other hand, if they only indicate potential negative outcomes, this may mean any claims of previous wins may not be true and that they are not very good at defending against DWI charges.
What Are My Options?
With this question, individuals are gauging the attorney’s skill with DWI cases. If they offer only limited options, such as pleading guilty or not guilty, they may not be very skilled and therefore, may not be the lawyer an individual wants to trust with such a serious charge. However, if they can explore options beyond a guilty or not guilty plea, such as plea bargains, challenging the evidence, going to trial, and appealing a conviction if one should happen, this can indicate the lawyer is very skilled with DWI cases and will be able to evaluate the case and assist their client in determining the right course of action for them.
How Much Will This Cost?
While everyone would agree that hiring the absolute best of the best would be ideal when they need a lawyer, the reality is that most people do not have unlimited money. In fact, paying for an attorney and any potential fines or fees associated with a possible conviction may be outside an individual’s budget in the first place, requiring them to use a credit card, take out a loan, or borrow money from friends or family. Therefore, individuals should find out how much an attorney charges before hiring them. However, while sticking to a budget is important, individuals should also consider the potential lasting consequences of a DWI conviction and weigh those consequences against spending a little more money to hire a lawyer who is more experienced or knowledgeable than the options available within their budget.
What Is Included In Your Fee?
Attorneys charge in a variety of ways, from billable hours (billing for the actual hours they work on the case) to flat fees (one fee that covers the entire case from start to finish). Depending on how the attorney chooses to charge and what they want to include in those fees, there may be some parts of the case that are not part of the fee. These might include research time, travel, or phone calls with the client to discuss the case. Ask what is included in the fee, and consider repeating the question for a clearer answer by asking what additional charges may be expected in addition to the attorney’s fee. This will help the individual have a clear understanding of what they can expect to pay so there are no surprises later that they cannot afford.
Who Will Handle My Case?
Many times, an individual’s initial consultation or phone call may be with whichever attorney happens to be available if there is more than one attorney with the firm. They may not be the same attorney who will handle the case, however. If they are not, then some questions such as experience and track record for winning, may not be the same as the attorney who would be handling the case. By asking this question, the individual gives themselves an opportunity to ask about the other attorneys’ experience and other questions so they can decide if they want to be represented by another attorney in the firm.
What DWI-related Certifications or Trainings Do You Have?
Sometimes, DWI attorneys have certifications in things like breathalyzer use, which can help them defend these types of cases. While these certifications and trainings are not required by law, they offer extra knowledge and skill that another attorney without those certifications and trainings may not have, which can be beneficial for the individual.
A Breakdown of More Detailed Questions To Ask Before Hiring Your DWI Attorney
While the previous questions are an excellent starting point, many individuals may want to dig deeper into their DWI attorney’s experience, case strategy, communication, or other details. They might not know what to ask, however. These questions can help an individual learn more about whether a DWI lawyer is a good match for them.
Experience and Expertise
Individuals may have already asked about the attorney’s experience with DWI cases and their track record for winning cases in general, but these questions are designed to get more detailed and specific answers regarding DWI cases. Individuals should ask questions such as:
- How many DWI cases have you handled?
- What is your success rate with DWI cases?
- Do you have trial experience with DWI cases?
- How long have you practiced locally?
- How familiar are you with New Hampshire’s DWI laws and procedures?
The last two questions may be especially important. If the lawyer has practiced locally for a long time, they will be familiar with the local court system, the prosecuting attorney, the judges and officers who are involved. This means that they will have a good understanding of what you can expect. Familiarity with the state’s DWI laws and procedures is also imperative. For example, they should be able to explain the distinctions between driving or operating under the influence of drugs or alcohol as defined by NH RSA §265-A:2 and aggravated driving while intoxicated as defined by NH RSA §265-A:3. A skilled DWI attorney at Friedman & Bresaw, PLLC will also be able to explain that most DWI prosecutions will take place on two parallel tracks: an administrative license suspension proceeding by the Department of Safety for providing a chemical test at or above the legal limit or refusing to provide the test, and a court case in which the driver is charged with a crime.
Case Strategy and Approach
Some of the basic questions touch on case strategy and approach, but it can be a good idea to ask for more in-depth information to learn how the DWI lawyer plans to approach the individual’s case. These questions should include:
- What is your proposed strategy for my case?
- Are there any alternatives to going to court?
- What are the strengths and weaknesses of my case?
- What are the possible defenses against the charges?
- What are the chances of avoiding a conviction?
While the basic questions regarding case strategy were more about learning how the lawyer communicates, these questions are meant to allow the individual to gauge the DWI lawyer’s skill and knowledge with DWI cases, and what the attorney thinks about their case in particular.
Fees and Costs
Even the least expensive attorneys are expensive. Asking about fees and additional costs is important, as the individual needs to understand what they will be paying and what that money is for. Additional costs may include things such as research, expert witness fees, fees for printing or copying paperwork, and more.
Individuals should also ask how billing is handled. Some lawyers may bill upfront, while others may bill when the case is resolved. Others may send bills at certain intervals, or send bills for additional expenses while collecting the rest of their fee upfront. Understanding when they will be billed and how long they will have to pay each bill can allow the individual to better plan their budget and choose an attorney whose costs and billing cycles are manageable for the individual.
Communication and Responsiveness
These questions will not only provide clarification around when and how communication will occur, but will also allow the individual to determine whether the lawyer’s communication style suits them. Individuals should ask questions such as how often the lawyer will communicate with them, the preferred method of communication, and how quickly the DWI lawyer responds to questions or concerns. Individuals should remember there are not any right or wrong answers when it comes to communication; however, if they are uncomfortable with any of the responses, that may indicate the attorney is not a good fit for them.
Your Role in the Case
As the driver who has been charged with a DWI, the individual will have a role in their own case. In fact, if an attorney suggests or says that an individual should just let the attorney handle everything and wait to hear how the case is resolved, this should be a red flag. Ask questions such as:
- What is my role?
- How will I be involved in any court proceedings?
- What information do you need from me to prepare the case?
- Is there anything I should not do?
DWI-Specific Questions
Whether the lawyer solely handles DWIs or handles other types of cases as well, individuals should also ask a few questions that pertain specifically to DWIs and to the individual’s case, in particular. These questions may include:
- Can you give me an overview of New Hampshire’s DWI laws?
- What are the possible penalties if I am convicted?
- How long will the case or process take?
- What should I expect?
- What options do I have to avoid unnecessary penalties?
- What kind of investigation willl you perform?
- Are you familiar with the location where I was pulled over?
These questions can not only provide more insight into case strategy and the lawyer’s skill, but also how seriously the attorney will take the case. For example, a DWI lawyer’s investigation should focus on the legality of the traffic stop, any potential constitutional or procedural errors made by law enforcement during and after the arrest, and the validity of any field sobriety tests and the breathalyzer results. Being familiar with the location the stop occurred can help the lawyer analyze the circumstances of the stop, identify potential weaknesses in the prosecution’s case, and understand local practices and procedures, all of which will contribute to building a strong defense.
What Is the Most Likely Outcome in My DWI Case?
While the individual has already asked about the best and worst possible scenarios, it is also important to ask about the most likely outcome in their particular case. While a DWI lawyer cannot promise any particular outcome, they should be able to assess the case and offer a few potential scenarios that could happen. They should be able to explain why they believe those scenarios could occur, under what circumstances they could occur, and whether any of those scenarios may be better for the individual than the others.
A Final Vital Question
Before the individual leaves a complimentary consultation or ends a phone call with a potential attorney, they should ask one final question that may be the most vital, in some ways. Individuals should ask the attorney whether they have any questions for them. This question will serve several purposes. First, it can help the individual gauge the attorney’s level of interest in their case. Even if the individual believes they have provided all the necessary details, it is likely that they will have missed something and the attorney will have at least one question if they are interested in the case.
Next, the questions the attorney chooses to ask can help the individual understand how the attorney plans to approach the case and gauge how much the attorney knows about New Hampshire DWI laws. For example, if the individual has not mentioned their employment, the attorney should ask what they do for a living, as NH RSA §265-A:23 provides stricter penalties for commercial drivers than for other drivers. The lawyer should also be able to explain those stricter penalties found in NH RSA §263:94.
How a New Hampshire DWI Lawyer Can Assist You
Unlike a speeding ticket, a DWI charge is a criminal offense in New Hampshire. While legal representation is not required by law, the assistance of an attorney may help you avoid some of the harsher penalties associated with a DWI, particularly for a first offense. An attorney may also be able to thoroughly investigate the case, and if your rights were violated or any of the tests are invalid, may work to try to get the charges reduced or dismissed. If you would like to ask these or other questions, an experienced DWI lawyer with Friedman & Bresaw, PLLC could potentially answer them in a complimentary consultation in our Meredith office. Call (603) 707-4800 so we can schedule an appointment to review your Meredith, Laconia, or Belknap County DWI charge.
