One of the most difficult decisions to make once you have been arrested for a criminal offense is who to hire to defend your good name, your reputation and your freedom. If you make a quick decision in order to gain your release from custody, it is wise to regroup and carefully choose your actual courtroom lawyer once you are out of jail. The court will allow you to hire a more qualified attorney to replace the “jail release” lawyer

Watch out for (1) “dump truck lawyers,” or lawyers who sign up as many clients as possible and dump them into a plea of guilty as soon as possible, and (2) “escort lawyers,” or lawyers who take your money and walk you down the aisle to enter a plea of guilty like a high-paid escort service. These two types of lawyers are known for entering guilty pleas without a fight, without investigating your case and without putting your interests at the forefront.

The client should always have the final decision on whether to enter a plea of guilty, a plea of no contest or a plea of not guilty. The job of the lawyer is to provide the client with a legal and factual understanding of the case that enables the client to make the most informed decision possible.

You want to hire an attorney who knows how to defend and win DWI cases. Keep in mind that the prosecutors know which lawyers will take your case to a jury trial and which lawyers have the reputation of winning trials. They also know which attorneys don’t have what it takes.

Never hesitate to research and thoroughly question an attorney on these and other issues before entrusting your future to that attorney’s office. Question: How do I know if an attorney is a qualified DWI attorney, and how do I choose a qualified DWI attorney?

Answer: Look at the attorney’s qualifications, examine the Web site for substance rather than fluff and ask the attorney the tough questions about your specific case. Are DWI cases the focus of the attorney’s practice?

How many DWI cases has the attorney’s office taken to trial?

Have all the lawyers at the firm won DWI trials?

Is the attorney qualified as a Practitioner or Instructor in the Standardized Field Sobriety Tests (SFST)?

Can the attorney explain the validation studies that were done to support the SFSTs that you were asked to perform?

Can the attorney identify Marcelina Burns and describe her function in the area of DWI defense?

Can the attorney identify the “clues” on the SFSTs, and will the attorney explain the NHTSA position on the test results that you obtained?

Does the attorney have former police officers on staff as full-time investigators?

Does the attorney own and have experience operating the Intoxilyzer 5000EN Breath Machine used in Texas DWI cases?

Does the attorney have extensive knowledge of the breath-testing machine that you were asked to blow into?

Can the attorney explain retrograde extrapolation, absorption and elimination rates in relation to your case?

Can the attorney tell you what RFI interference, mouth alcohol, Interferent alerts, the sample chamber, the diagnostic test, the slope detector, the diagnostic check and the filter wheel have to do with the Intoxilyzer 5000EN?

Is the attorney qualified to take a blood case to trial? 

***WARNING: An attorney’s presence on a national search engine or a lawyer directory Web site says little about that attorney’s qualifications.

Question: When I type in a search for a local DWI attorney, why are some of the attorneys connected to a national search company?

Answer: National DWI directories work by charging the “first come, first served” attorney an advertising fee to be posted on the site. The directories don’t actually monitor if the attorney is qualified in the area of DWI defense. As long as the attorney has the money to be listed, he or she will be listed as a qualified DWI attorney. These directories don’t even investigate whether the subscribing attorney has ever tried a DWI case before!

The sad part is that a Web search does not separate a real DWI trial lawyer from a “poser.” If you use this type of Web site directory, do not expect the lawyer to go to bat for you or to take your case to trial. Do, however, expect to pay extremely high fees for a guilty plea and verdict.

Finally, beware of lawyers who claim they will get your DWI dismissed. Not only is it unethical to make such claims, it is misleading, and it is false advertising. A good attorney will not promise a specific result, and those who do are being dishonest. Perhaps they can get some cases dismissed or reduced, but tossing a bone at a desperate citizen is not something you will see at DWI DUDE.com.

The law office of Jamie Balagia, P.C. (also known as the DWI Dude) is dedicated to the defense of people accused of alcohol and drug related offenses with a concentration on helping those charged with driving while intoxicated. If you are looking for an exceptionally trained and educated DWI trial attorney to aggressively represent you on your DWI case or any criminal matter, call 210-394-3833 in San Antonio or 512-278-0935 in Austin, or send an email to jamie@dwidude.com.