An extremely important decision that a person has to make after being charged with a DUI is who should represent them at trial and during any licensing proceedings.

A DUI is a serious offense which carries the potential of incarceration, the potential for serious impact on ones ability to drive, and can often involve many other terrible consequences to the person such as loss of employment or rising insurance costs.

Given the complexity involved in handling a DUI matter, you should always have an attorney represent you or you are in real danger of unnecessarily suffering serious consequences that could have been avoided with proper representation. 

Once you have made a decision to obtain an attorney, however, the real challenge is how to pick the right one for you.  Whether you locate an attorney through a referral, or merely pick a name out of the phonebook, you should be diligent in ensuring that the attorney you select has the background, experience, and training in handling DUI cases.  Too many times, people are reluctant to ask the kind of questions of their attorney that they would easily ask a mechanic that they were hiring to repair their car, a builder they contracted with to build a sunroom, or a landscaper they were using to redesign their backyard.  There is no question you should know who you are hiring before you put your trust in their hands.  Just because an attorney did a good job writing a will for you, or handling a friends divorce, does not mean they are the best choice for you in handling your DUI. 

The hard part is that people who are unfamiliar with what is involved in the defense of a DUI simply may not know the right questions to ask the attorney.  Below are some questions that we believe you should ask at attorney so that you can know whether the attorney is sufficiently experienced and qualified in your opinion to represent you in such a serious matter:

1.    Does the attorney devote a significant time to defending DUI cases?

This is an important question as the answer reveal whether the attorney keeps regularly involved in changes occurring in DUI law, and has a sufficient basis of knowledge to know standard practices involved in such cases.  The answer will also show whether the attorney is serious about handling DUI matters, or merely takes any type of case regardless of the subject matter.  Unfortunately, an attorney who does not regularly handle DUI cases may not be as familiar with the wide array of case law, statutes, and regulations that are relevant in a DUI defense. The attorneys handling DUI cases at DSA regularly handle DUI cases, and do not view DUI defense as simply an aspect of our practice but a main part of our Firm.

2.    Does the attorney regularly teach federal and state law enforcement agencies, prosecutors, and law students on legal issues?

Whether a defense attorney is invited to teach law enforcement agencies legal issues can show a great deal about how respected the attorney is, even by those that they oppose in court.  After all, if the defense attorney is deemed knowledgeable and experienced enough that law enforcement agencies request their legal instruction, that will likely be something you would want to consider in deciding which attorney to place your trust in.  At DSA, our attorneys are regularly invited to teach on a range of legal issues, including search and seizure law.  In fact, our attorneys have regularly taught for such agencies as the Federal Bureau of Alcohol, Tobacco, Firearms & Explosives, the Federal Bureau of Investigations, the Maryland State Police, and other law enforcement agencies not only in Maryland, but around the country.  One of the attorneys is also an Adjunct Professor at the University of Baltimore School of Law, and has taught throughout the country on issues pertaining to search and seizure law.

3.    Does the attorney have a background in knowing how the State prosecutes DUI matters as a result of being a former prosecutor and/or police officer?

Whether an attorney has previously handled DUI cases as a prosecutor or police officer can also be important to know, as that experience may provide the attorney insight on how the State will prosecute or handle the charges you are facing.  At DSA, the attorneys handling DUI cases have experience as a former prosecutor and/or police officer, and use that experience in their defense of their clients.  We believe the experience obtained in handling hundreds of DUI cases for the State, including prosecuting even the most serious type of DUI cases involving vehicular homicide, is invaluable in providing the best advice to our clients.

4.    Does the attorney belong to organizations that share DUI developments and defenses around not only the State of Maryland, but the country?

Whether the attorney belongs to criminal defense organizations that share developments, trends, and novel defenses from around the country can tell you a great deal about how knowledgeable the attorney is on DUI defenses.  Just as in any area of law, techniques utilized by law enforcement change over time, and scientific advances will many times reveal that previously accepted beliefs are no longer true.  DUI offenses are particularly susceptible to evolving techniques and defenses for several reasons.  First, every year DUI laws and/or consequences of a DUI conviction seem to be changed, and that can lead to new defenses.  Second, the use of breath and blood testing in proving DUI cases means that the reliability and accuracy of such testing is always an issue.  Over time, inherent flaws in the equipment or software may become apparent, and knowing that information can be essential in demonstrating the results the State intends to use is unreliable.  Finally, the fact that the performance on certain field sobriety tests is the crux of many DUI cases, the impact of therapeutic drugs on the body, or other medical reasons for poor performance, can be demonstrated as scientific studies are performed.

At DSA, we work diligently to stay current on the latest advances in DUI defense from around the State and country.  By having an attorney as a member of the Maryland Criminal Defense Attorneys Association, and the National College for DUI Defense, we are able to apply the latest information and successful defenses from around the country to our clients benefit.  The National College of DUI Defense (NCDD) includes extremely talented and well respected attorneys in the field of DUI defense from around the country.  Admission to the NCDD requires that the attorney have substantial current involvement in the practice area of DUI defense and have two reference letters that attest that the attorney substantially handles DUI matters, has good character, and is competent in handling DUI defense.  To maintain membership, the attorney must attend approved training in DUI issues.  The U.S. Census Bureau reported in 2008 that there were 32,253 lawyers in Maryland, however, there are currently only 23 Maryland attorneys that are members of the National College of DUI Defense.

5.    Does the attorney ever teach on issues involving DUI issues to other attorneys?

Just as the fact of whether an attorney teaches on legal issues to law enforcement can say much about how they are respected by the law enforcement community, whether they are asked by other attorneys to teach on the subject of DUI defense can likewise say much about how an attorney is viewed by their peers. At DSA, we have had the pleasure of teaching other attorneys some of the successful tactics and defenses we have used in certain cases.  Just as we have put to use information and techniques obtained from attorneys from around the country in order to get successful results for our clients, we have welcomed the opportunity to help other attorneys active in DUI defense learn from our successful techniques.  At DSA, we have received request for assistance from attorneys from not only around Maryland, but around the country. 

6.    Has the attorney ever been referred DUI cases to defend from other attorneys?

Whether an attorney has ever been referred DUI clients from other attorneys can also provide you some insight on how the attorney is seen by their peers.  At DSA, we have received referrals from other attorneys to handle DUI matters.  Some attorneys have referred their clients to us so because, even though the attorney generally handled DUI matters, it was so important that the client avoid a conviction that the original attorney felt the client was better served by being represented by us.  We have also agreed to co-counsel certain serious cases where an attorney began representation, but then did not feel they were able to handle the matter on their own given the nature of the case.  In addition, we have represented many friends and families of attorneys, as well as police officers, which we always believe demonstrates a great deal of faith and trust in our abilities.

7.    Has the attorney become a Certified Administrator and/or Certified Instructor of standardized field sobriety tests from the National Highway Traffic Safety Administration(NHTSA)?

A very important question to ask an attorney you are considering hiring is whether they have ever been trained in the same manner as police officers in the administration of standardized field sobriety tests.  These tests, which are typically administered by a police officer in DUI cases, provide the probable cause for arresting a person, and is the evidence relied on heavily in the prosecution of such cases.  Given their importance in every DUI case, you should know whether the attorney has undergone the very same training police officers receive in administering field sobriety tests receive so that you can assess how effectively they will be able to cross-examine the officer as to all of the errors made during the testing process.  Indeed, we believe an attorney committed to defending DUI cases would want to know exactly what the officers are supposed to do when giving these tests in order to mount the best defense.  At DSA, our attorneys that handle DUI cases have been certified by NHTSA in the administration of field sobriety tests, and one attorney has even become a Certified Instructor which is more training in field sobriety tests then even many officers have received.  With this knowledge, we are able to carefully analyze what took place during the administration of these tests, and determine what errors were made.  It is not uncommon to find that an officer has made a number of mistakes, and those mistakes can have a significant impact on how the results of the test should be treated in court.


9.    Has the attorney taken the Drug Recognition Expert (DRE) Overview Course so that they are extremely familiar with the information and techniques taught DREs in their examinations?       

When you have a case that involves an allegation that you were impaired by drugs, whether illegal or prescription, it is important to know the extent of the training the attorney has concerning a Drug Recognition Expert (DRE).  A DRE is typically called by an arresting officer when a person is believed to be impaired by the officer by drugs.  A DRE is a police officer that has received additional training beyond the standard field sobriety tests, and they will subject the driver to a wide variety of examinations including taking pulse, blood pressure, measuring pupil size, and conducting various physical tests.  Based on these examinations, the DRE will seek to render an opinion whether the driver is impaired by drugs so that they can not drive safely.

If an attorney does not have in-depth knowledge of the training that the DRE has received, they will likely not be able to effectively cross-examine the DRE as much as one who has such knowledge.  At DSA, we have an one of the small number of attorneys in the country that has taken the DRE Overview Course, where they received similar instruction to that received by the DRE.  In addition, we have been instrumental in mounting a significant attack against the DRE Program in Maryland, and this has led to our involvement in lengthy litigation that is being followed by not only DUI attorneys in Maryland, but throughout the country.  We have determined that there is many scientific and medically invalid and unreliable theories relied on by the DRE, and so it is essential that any attorney handling these matters understand these in order to do an effective job representing a person charged with such offenses.  As such, if you are charged with such offenses, you should carefully question a persons experience handling such cases, and the training they have resolved to ensure they satisfy you that they are able to exploit all the defenses that exists in such cases.

10.    How much will the representation in my DUI cost?

The costs in representing someone for a DUI will vary depending on such factors as the experience of the attorney, the complexity of your case, and the need for experts in defending your case.  While some charged with DUI may simply be looking for the lowest bidder, the lowest cost attorney may not always be the best attorney for your case.  It is not unusual that more experienced DUI attorneys will cost more for representation than more inexperienced attorneys, and while cost is always a consideration you should ensure you are an informed consumer before deciding who to represent you.  Many individuals charged with DUI have a great deal at stake, and desire an experienced and aggressive attorney dedicated to DUI defense to give them the best opportunity for obtaining the most favorable result possible.  The attorneys who undertake top-level training around the country on DUI issues may charge more than those that do not do such things.  That is why when you compare costs for attorneys, you should pay careful attention to the answers to the questions set forth above to ensure that you are not comparing apples to oranges and are making the best decision for you.

At DSA, we always strive to be very reasonable in our fees without compromising the aggressive type of defense of DUI charges that every client deserves.  We are always happy to meet with you for a free initial consultation so that we can discuss the facts of your case and let you know the costs for our services before you make a decision on such