Driving under the influence (DUI) is a serious offense in Illinois with severe consequences ranging from fines, imprisonment, and driver’s license suspension. If you are facing such charges, defending yourself is paramount.
You have the right to be represented by an attorney who would work to help you avoid a conviction and the harsh consequences that follow. Still, many people in your shoes often wonder, “Do I need a lawyer if I was arrested while driving under the influence?” and are faced with the tough decision of whether to rely on a public defender or hire a private lawyer to represent them.
A public defender can be of value to DUI defendants who cannot afford a private attorney. Yet, there are many drawbacks to having a public defender represent you. They may not be able to offer you the level of attention your case deserves.
Your choice of legal representation is crucial and can make or mar your defense. If you’re still torn between relying on a public defender and a private attorney in your DUI case, the details in this guide can help you make an informed decision. Keep reading to learn more.
Public defenders are government-employed attorneys. Their primary responsibility is representing individuals who cannot afford private legal counsel in criminal cases. The court usually appoints them at a defendant’s first court appearance, and they are ethically obligated to represent their clients to the best of their abilities.
There are several advantages to being represented by a public defender. They include the following:
Public defenders have extensive experience with the local court system. They understand how the prosecutors and judges work and may be able to apply that knowledge for your benefit.
They can offer legal counsel and representation to criminal defendants facing financial constraints, reducing their financial burden.
Public defender offices are established across Illinois, ensuring those needing them can access their services.
However, despite their efforts, public defenders face many challenges and constraints that could affect the cases they handle. Some of those limitations include:
Heavy Caseload: Public defenders often handle many cases simultaneously. This may limit the time and attention to devote to each case.
Limited Resources: Sometimes, criminal defense lawyers need to conduct private investigations and seek out credible witnesses that could help their client’s case. These processes cost money and resources, which a public defender may not have access to.
Limited Clientele: Public defenders are not available for all; only those you genuinely cannot afford to hire an attorney. As such, people who request public defenders may be asked to declare their assets before their request is granted. Those who demonstrate that they are not indigent would likely be denied the services of a public defender.
Furthermore, public defenders are appointed by the court. You may not be given a choice as to who represents you, even if you have reservations about them.
Also, a person arrested for DUI offense may be taken into police custody and interrogated. Whatever they say during that time can be used against them during their trial. People in that position need legal representation so they do not say or do anything that could implicate them.
However, they can only get a court-appointed attorney when the interrogation is over, and the case has been moved to a criminal court for trial. By this time, the police and prosecution may already have enough evidence to nail them. If you are in that position, it is important that you seek private counsel and representation as soon as possible to avoid jeopardizing your case.
If you do not qualify for a public defender’s services or think that a public defender is not right for you based on the above drawbacks, you can get a private attorney to represent you throughout your case.
A private DUI lawyer provides individualized legal counsel and representation to those charged with DUI offenses. They generally have smaller caseloads than public defenders. This means they have more time to dedicate to your case and can give it the attention it deserves.
Some of the specific ways a private attorney can help your case include the following;
They can provide solid legal advice to help you make informed decisions about your case.
Many DUI attorneys also have extensive criminal defense experience with other crimes. With their broad knowledge, they can assess your case and help you create an appropriate defense strategy to help you overcome your charges.
If you need to negotiate a plea agreement with the prosecution, your private attorney can represent you throughout the negotiation process. Because they are not government employees, the possibility of conflict of interest does not arise, and you can be certain that they represent your interests alone.
The primary drawback of private representation for your DUI case is cost. Unlike with a court-appointed lawyer, you need to pay for the services of a private DUI defense attorney.
An attorney’s fees may be charged hourly or as a retainer. Still, the specific cost varies depending on several factors, including the complexity of the case and the location of the attorney’s law firm.
However, this cost may be nothing compared to the penalties you could face if convicted. So, unless you absolutely cannot afford one, hiring a private attorney may be your only option if you hope to avoid a conviction.
Choosing a DUI attorney is a vital decision that can highly impact the outcome of your case. There are many DUI and criminal defense attorneys in Illinois, so it may be difficult to pick one to represent you.
The following tips can help you navigate the selection process.
Begin your search as soon as possible.
Ask for recommendations from family or colleagues with DUI experience.
Look into potential attorneys’ credentials and online reviews.
Choose an attorney with significant DUI defense experience and a proven track record.
Meet with potential attorneys to assess their suitability for your case.
Many attorneys offer free initial consultations. If you are worried about cost, you can schedule a free consultation with such attorneys and discuss further costs and other preliminary issues there.
A DUI conviction could change your life forever; hence, you must utilize the opportunity you have to defend yourself and avoid that outcome adequately.
In such cases, you deserve quality legal representation from an attorney who is devoted to your case and understands your needs.
Our dedicated attorneys at Hirsch Law Group understand that the stakes are high with DUI cases. They can fight for you and protect your rights and interests throughout your case.
With our extensive experience and DUI defense track record, you can trust us to handle your case diligently and with the utmost commitment, working to ensure you achieve the desired outcome.
Contact us immediately to schedule a free consultation and discuss the way forward for your defense.
The consequences of getting a DUI in Illinois can be severe and vary depending on the offender’s blood alcohol content (BAC). They generally include;
Criminal penalties such as jail terms, fines, and probation
Ignition interlock device
Increased insurance costs
Mandatory alcohol evaluation and treatment.
If you have questions about the specific penalties for your charge, consult an experienced DUI attorney for more information.