Six Things your DUI Lawyer is Promising You That He Probably Cannot Keep

Having a driving under the influence (DUI) charge on your record can significantly and negatively affect your life and the lives of your loved ones.

For this reason, it is critical that you hire an experienced DUI attorney. However, take caution when searching for such an attorney. Some attorneys, in hopes of being hired, will make promises that they cannot keep. Six of these promises are listed below in this post.

First, however, if you were pulled over and charged with a DUI it is imperative that you hire an experienced DUI/DWI defense attorney. If you live in Virginia, The NoVa Law Firm is here for you! We dedicate ourselves to thorough preparation of your DUI defense because our ultimate goal in your case is to receive a complete dismissal of the charges against you.

Six False Promises

First, “we will win this case!” Many DUI attorneys will promise this during the initial consultation in hopes of being hired. Not only is this unethical pursuant to Virginia Rules of Professional Conduct, it is also impossible to predict. No attorney can predict a successful outcome. However, a DUI attorney can promise that they will aggressively represent you to get the best outcome possible.

Second, “if you hire me, I will keep you out of jail.” A DUI attorney cannot promise this. Again, doing so would be unethical and a violation of the Rules. Sometimes a jail sentence is mandatory. Sometimes the facts are just extreme enough that a judge will consider jail, even if it’s not a mandatory sentence. Mandatory jail sentences will always apply to second or subsequent DUI convictions in Virginia.

Third, “if you hire me, I will prevent your license from being suspended or revoked.” Similar to the above promise, Virginia law makes a driver’s license suspension or revocation mandatory upon a DUI conviction. An attorney cannot promise that they can prevent this.

Fourth, “if you plead, I will guarantee an ideal result.” From behind his desk, an attorney cannot guarantee what will happen upon a guilty plea. This will ultimately be determined in the courthouse after discussions with the prosecutor and, sometimes, with the arresting officer. Even so, the judge ultimately decides your sentence and can reject any recommendation from your lawyer or the prosecutor. Your DUI attorney can, however, promise that he will actively negotiate with the prosecutor towards a positive plea bargain.

Fifth, “if you hire me, I will always be available for you.” This common promise is normally unwarranted. A lot of Virginia DUI attorneys’ law officers are rather busy. The attorney that you hire will likely be in and out of court on a daily basis. Thus, your attorney will be preparing for other individuals’ cases as well, not solely yours. Your DUI attorney can, however, state that he or she will spend sufficient time on your case to prepare for the best result possible. Your attorney may also indicate that a member of his or her staff will be available during business hours.

Sixth, “if you hire me, I will get your DUI charge expunged.” An attorney cannot ethically promise this. Though possible, it is difficult to expunge a DUI charge in Virginia. Pursuant to the Code of Virginia §19.2-392.2, a person can obtain an expungement of his or her police report if he or she was either acquitted of the crime, if the prosecutors decided to not pursue the case (nolle prosequi), or if the charges were flat out dismissed. One of the foregoing three must occur before the court will even consider your expungement request.

Take Action

If you were charged with a DUI, or even convicted of a DUI, your current employment and future employment opportunities may be in jeopardy. It is imperative that you hire an experienced Fairfax DUI attorney. Contact us today for a free initial consultation to discuss your legal needs and learn more about how to pursue the complete dismissal of the charges the state has levied against you because you deserve to have your future fully protected. Call now at (703) 352-9347. Serving Fairfax, Arlington, and Alexandria, Virginia along with surrounding areas.

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About the Author: Eric Clingan

About the Author: Eric Clingan

Eric Clingan is an experienced Criminal Defense attorney and the founder of the NoVA Law firm. He focuses his practice on defending residents of Northern Virginia charged with DUIs, reckless driving, drug charges, and other criminal accusations

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