TOP TEN Informational Factors to Consider for DUI Defense

1. "Jail Mail" Distasteful correspondence forwarded to a person after an arrest. This practice preys on the vulnerable and unsuspecting, which this office believes to be callous and discourteous. One must question how your name and address were acquired and why a return phone call would be warranted. If an attorney is diligently completing work on existing cases, one should question how this attorney would have the time to send this such soliticice correspondent.
2. Abrasive tactics Unnecessary harshness and claims of an "aggressive defense" are more often than not an indication of a lack of knowledge, rather than work ethic. Armed with training and knowledge, a defense attorney is more likely able to achieve respect and attention of a prosecutor and judge. Abrasiveness creates enemies and only proves to agitate a potential for a concession by the prosecution.
3. All DUIs are not created equal. Comparing your arrest to another's is always unproductive. Although the veneer may seem similar, DUI arrests and chemical tests are rarely identical to one another. Your expectations should not be based on another person's claims and fact pattern.
4. "Jack of all trades attorney" A person seeking a DUI defense attorney should focus on an attorney who concentrates on this particular field of law. One should request the potential attorney's experience, additional training and supplemental education as they relate to DUI defense, both criminal and civil. While legal fees are more often than not higher than the "jack of all trades attorney," you get what you pay for . . . Please keep in mind, you have only one opportunity to offer a defense; you have the rest of your life to make money.
5. Conflict of interest Accepting legal advice from the arresting officer is not advised. One should guard against the well-meaning officer who tenders legal advice or advises against seeking an attorney. An officer's training is in the arrest, not defense of an arrest. One should recall that this is the same person that stopped, arrested, handcuffed and charged you with a crime. "The art of being wise is the art of knowing what to overlook." (William James)
6. "Silence is golden." Conversation with others and statements to insurance companies should be avoided. If an accident is involved, insurance companies require a statement from their insured, pursuant to contractual obligations. Note, these statements can be subpoenaed and used in court against the accused. Please be advised that your constitutional rights against self-incrimination preempt contractual obligations while the outcome of your case is pending. Retelling the night in question to the general public while seeking untrained advice is confusing and upsetting and should be avoided.
7. "Cut me a break" Never contact the police without first speaking to an attorney. As you may be aware, anything you say can and will be used against you. The police are neither in a position to grant leniency nor provide advice.
8. Assistance Being a part of your own defense is necessary. You've hired the professional-your involvement is mandatory, yet unnecessary annoyances will hinder your representation.
9. "Unlawful arrest" Miranda rights are not necessary for a legal arrest, despite viewer's interpretation of the wide variety of police television programs. However, if your Miranda rights have been read, one should politely decline to answer all questions.
10. Politeness Always be polite to law enforcement; there is no reason not to be. Attitude toward law enforcement officers does not relieve you of accountability. The arresting officer is only doing his/her job, even if they appear to be receiving much delight while doing so. Unfortunately handcuffs are not fashion statements and are meant to be fastened tightly.