Questions to Ask a DUI Defense Lawyer

This page uses the phrase "license case" for a hearing about a driver's license or privilege to drive, and "court case" for the criminal charge. It does not state how those matters relate in any jurisdiction or what a lawyer will handle in either one. The questions below are meant to help a person ask a lawyer directly about the scope of an engagement.

This page does not describe what any lawyer will do in a particular case. Instead, it frames the subject as questions: whether a lawyer is being engaged for a license hearing, for representation in court, or for both, and how that scope is written down. The legal examples on this page are limited to named license-hearing provisions. Michigan's refusal-notice statute requires the written notice given to a person who refuses a chemical test to state that counsel would be permitted to represent the person at the hearing. District of Columbia DMV guidance, which is agency guidance rather than a statute, says that at a show cause hearing a driver can be represented by counsel and present witnesses. What a lawyer will handle in court, and how the lawyer would connect that work to any license hearing, are questions to put to the lawyer directly.

The examples below come from named jurisdictions and differ in what they say. They do not describe any other jurisdiction. Michigan's statute on chemical-test refusal notices provides that when a person refuses a chemical test as described in that statute, the peace officer's written notice must state that counsel would be permitted to represent the person at the hearing. District of Columbia DMV guidance, which is agency guidance rather than a statute, says that at a show cause hearing requested in response to a Notice of Proposed Revocation, "You can be represented by counsel and/or present witnesses."

Other provisions address steps a lawyer or agent can take. Missouri's Mo. Rev. Stat. § 302.530 provides that the hearing on review of the department's determination may be held by telephone or, if requested by the person or the person's attorney or representative, at a regional location designated by the director. Georgia's Ga. Comp. R. & Regs. R. 375-1-1-.06, a regulation governing appeals of Department of Driver Services decisions, requires hearing requests to be signed by the party or by the party's counsel, if represented by counsel. New Mexico's N.M. Stat. Ann. § 66-8-112 provides that a person whose license or privilege to drive is revoked or denied, or the person's agent, may request a hearing, and that the request be made in writing.

This section lists questions about the license case. The questions concern process, and none of them asks for a description of an arrest. One named example shows the kind of procedural detail a person may want to ask about: New Mexico's revocation-hearing statute provides that the hearing is held in the county in which the offense for which the person was arrested took place.

The questions are editorial prompts, not statements of law, and they do not imply any particular answer. Which of them apply, and what the answers are, are matters to raise with a lawyer. Questions a person may want answered include:

• What kind of proceeding is the license case here, and who decides it?
• Has the lawyer handled license hearings in this jurisdiction, and how often?
• What notice starts the license case, and what deadline applies to requesting a hearing?
• Will the lawyer request the hearing, sign the request or appear at the hearing?
• What happens to driving privileges while the license case is pending?
• Can the license decision be reviewed in court afterward?

District of Columbia DMV guidance, which is agency guidance rather than a statute, gives one example of the documents a license hearing can involve. This page does not list document requirements for any other jurisdiction. For a permit hearing, the guidance says: "You must present or include a copy of your driver license, the Order of Proposed Revocation, court disposition, and other relevant court documents."

That list is agency guidance for the District of Columbia only. It is not a statute, and this page does not describe what any other jurisdiction requires. The same guidance says a permit hearing may be scheduled in person at DC DMV Adjudication Services or by mail to the Driver Improvement Office, and that notification of the hearing date is sent by return mail. Because the list includes the court disposition and other relevant court documents, a person may want to ask a lawyer which papers the lawyer wants to see and which notices matter.

This section turns from the license hearing to questions about representation in court. The questions below are editorial, not statements of law, and they do not imply any particular answer. Which of them apply, and what the answers are, are matters to raise with the lawyer.

One legal example on this page touches the court case: the District of Columbia DMV guidance described above lists the court disposition and other relevant court documents among the documents to present or include for a permit hearing. That guidance is agency guidance for the District of Columbia only. How a plea or court outcome bears on any license case is a question for the lawyer. Questions a person may want answered include:

• What happens at the arraignment, and will the lawyer appear?
• How will the lawyer review the police report, any video and the test evidence?
• Could any pretrial motions be relevant to this charge?
• Are diversion, deferred or reduced-charge options part of the law where the case is pending?
• How could a plea or court outcome relate to the license case, employment or a professional license?
• If the case goes to trial, how is the choice between a jury and a judge made?

Fees are a practical concern, and the structure of a fee is a fair subject for a first consultation. This page does not state fee amounts or ranges, and it does not describe how any lawyer sets a fee. The questions below concern how an arrangement is built and what it covers.

Who does the work is a separate subject from cost. A person may want to know who will handle any license hearing, who will appear in court, who answers questions between appearances and how updates are shared. Questions a person may want answered include:

• How is the fee structured, and is it set out in a written fee agreement?
• Does the fee cover the license case, the court case, or both?
• What would change the fee, such as a trial or a separate license hearing?
• Who will handle the license hearing, and who will appear in court?
• Who is the contact for questions, and how are updates communicated?

This guide describes questions and quotes example provisions from named jurisdictions. It does not apply any provision to a particular notice, charge or file, and it does not say whether any example provision applies where a case is pending. Those are subjects to raise with a lawyer.

Some example provisions show why questions about scope are worth asking. Missouri's administrative-review statute provides that the hearing may be held by telephone or, if requested by the person or the person's attorney or representative, at a regional location designated by the director. Georgia's Department of Driver Services rule on appeals requires hearing requests under that rule to be signed by the party requesting the hearing or by the party's counsel, if represented by counsel. Asking whether the lawyer would make or sign such a request, and who would appear at any hearing, is one way to clarify what the engagement covers.

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.