Choosing DUI Counsel
Questions worth asking before you hire a DUI attorney.
01
How Much of Your Practice Involves DUI and Criminal Defense?
Not every attorney who accepts DUI cases regularly practices DUI defense.
Ask how frequently the attorney handles Illinois DUI cases and whether DUI and criminal defense
are significant parts of the attorney’s practice.
DUI cases can involve criminal procedure, driver’s-license consequences, chemical testing,
field sobriety testing, video evidence, medical issues, and different statutory theories of DUI.
An attorney who regularly handles these cases should be familiar with how those issues interact.
A better question than “How many years have you been a lawyer?” may be:
“How much of your actual practice involves defending DUI cases?”
02
Who Will Actually Handle My DUI Case?
The attorney conducting the initial consultation may not necessarily be the attorney
who will appear with you in court.
Ask who will be primarily responsible for your case, who will appear with you in court,
who will regularly communicate with you, and who will handle motions or trial if they become necessary.
There is nothing inherently wrong with multiple attorneys working on a case.
The important thing is knowing who is responsible for your representation
and what role each person will have.
03
Do You Regularly Practice in the Courthouse Where My Case Is Pending?
Illinois DUI cases are governed by Illinois law, but local court procedures matter.
An attorney who regularly practices in the county and courthouse where your case is assigned
should understand the court’s procedures, scheduling practices, and how DUI cases ordinarily move
through that particular courthouse.
That does not mean that knowing a judge or prosecutor produces a particular result.
Your case should be evaluated based upon the law, the evidence, and the facts.
The useful question is whether the attorney has meaningful experience handling DUI cases in the
specific courthouse and, when applicable, the particular courtroom where your case is assigned.
04
What Exactly Am I Charged With?
This is one of the most important questions you can ask.
There is no single generic DUI charge under Illinois law. Section 11-501(a) contains seven different
ways a person can be charged with DUI, and they do not all require the State to prove the same thing.
A DUI attorney should begin by identifying the exact subsection or subsections charged
and then examining whether the State can prove the elements of each charge.
Learn about the 7 Types of DUI in Illinois →
05
What Evidence Will You Want to Review?
A meaningful DUI evaluation usually requires more than reading the ticket.
Depending upon the case, relevant evidence may include charging documents, police reports,
body-camera and squad-car video, 911 calls, witness statements, field sobriety testing,
breath-testing records, blood or urine testing, toxicology, medical records, medications,
photographs, and evidence concerning the reason for the initial police contact.
Ask the attorney what evidence should be obtained and why it may matter.
An attorney does not need to know the final defense strategy during the first telephone call.
In many cases, the evidence must first be obtained and reviewed.
06
What Happens to My Driver’s License?
The criminal DUI charge and your driver’s-license issues are related, but they are not necessarily
the same proceeding.
Depending upon what happened during the arrest and chemical testing, you may have a statutory summary
suspension and deadlines that require attention independently of the criminal case.
Ask: “Is there anything involving my driver’s license that we need to address immediately?”
Learn about Illinois Statutory Summary Suspension →
07
How Do You Decide Whether a DUI Case Should Be Negotiated, Litigated, or Tried?
Be very cautious of any attorney who promises or guarantees a particular result in your DUI case.
A responsible attorney may be able to identify potential issues, explain possible outcomes,
and discuss how similar cases are handled. But until the attorney has reviewed the charging documents,
police reports, video, chemical-testing evidence, and other relevant facts, there may be no responsible
way to predict exactly how the case will end.
Even after the evidence has been reviewed, no attorney controls the prosecutor, the judge,
the witnesses, or the ultimate outcome of a contested case.
A better question is: “How will you evaluate my case and decide what strategy makes sense?”
A DUI defense may involve negotiations, motions challenging particular evidence, a bench trial,
a jury trial, or some combination of those steps. Which approach makes sense depends upon the charges,
the evidence, the client’s circumstances, and the available legal issues.
If an attorney is prepared to tell you exactly how your DUI case will end before learning
the facts and reviewing the evidence, you may want to continue your search for an attorney.
08
What Does Your Fee Include?
The dollar amount is only part of understanding an attorney’s fee.
Ask whether the quoted fee includes routine court appearances, obtaining and reviewing discovery,
driver’s-license proceedings, motions, hearings, bench trial, jury trial, expert witnesses,
and other potential case expenses.
Also ask whether the fee is flat or hourly, when payments are due, and whether additional fees
may become necessary if the case proceeds further than initially anticipated.
A written retainer agreement is an important part of this conversation.
It should identify the scope of the representation, the fee arrangement, and what services are included.
Having those terms in writing gives both the client and the attorney a common understanding of the
representation and can prevent confusion later.
The goal is not necessarily to find the lowest fee. It is to understand
what representation you are purchasing, what is included in the quoted fee,
and what, if anything, may cost extra.
09
How Will We Communicate During the Case?
DUI cases rarely end at the first court appearance.
Ask how the firm communicates with clients, whom you should contact when questions arise,
how you will receive important documents, and how significant decisions will be discussed with you.
You should understand how the attorney-client relationship will work
after you hire the firm, not just during the initial consultation.
