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Four Questions to Ask a DUI Attorney

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If you’re arrested for driving under the influence (DUI) you need to protect yourself, your family, and your future. Finding the right attorney is key to accomplishing those goals. You need to go beyond the websites and talk to attorneys you think could be a good match.

Choosing the right attorney can make a difference in the outcome of your case and your life. If you’re talking to attorneys about your case, you’ve made the right decision to get legal help and not to try to go it alone. To schedule your free consultation, call Kevin R. Churchill at (303) 832-9000.

1. How experienced are you with criminal defense law?

Attorneys in the area have a wide range of experience. Some are just out of law school, and some, like me, have been around for decades. I’ve been an attorney for more than 20 years and defending clients against criminal charges the whole time. I specialize in criminal defense law, so I’ve learned by doing so for more than two decades. I’ve represented hundreds of clients facing a wide range of situations.

Because of my experience, I know criminal law, how the courts work, how prosecutors approach cases, what’s a good plea bargain agreement, and what’s needed to show a jury my client should be found not guilty. I know the court personnel who make the system work and how judges approach cases, what they’re looking for, what kinds of arguments may appeal to them, and what they’ll reject.

2. How much of your practice is DUI defense?

It’s a substantial part of my practice and a very common criminal charge. DUI defense makes up about 80 percent of my work. Thanks to all the cases I’ve had, I know what facts can support or weaken a DUI prosecution and defense. DUI defense is very technical. Success or failure often boils down to what an officer did and said, when, and disputing a chemical test result.

DUI defense involves testing every prosecution claim and matching it to the evidence. It’s rarely one dramatic, disputed element that makes or breaks a case (like in the movies). Defending a client is normally chipping away at the prosecution’s case, showing the arresting officer and the prosecution’s evidence isn’t reliable or trustworthy. DUI cases are won and lost on whether the prosecution met its burden of proving the case beyond a reasonable doubt. If a jury doesn’t think so, your charges will be dismissed.

3. Who will do the work of representing me?

Other law firms may have paralegals perform a lot of the work putting together a case. You may speak to a partner in a large firm who will delegate work to a less experienced associate. The partner may just oversee others, and not do much of the work. This saves time so he or she can meet with more potential clients and develop a bigger practice. We have a small staff and I do all of the legal work. The effort I put in and the quality of my work will be the same for you as it would be for one of my family members.

4. How do you approach plea bargain agreements?

Relatively few DUI cases are decided at a trial. Most of them are dismissed on technical grounds or resolved through a plea bargain agreement. It’s an agreement between the defendant and the prosecution on how to resolve the case. Both parties avoid the uncertainty and expense of a trial in exchange for a certain outcome (though a judge must approve it). Usually, a defendant will plead guilty to a charge, or a lesser charge, for a sentence the defendant is willing to accept.

Examining the evidence, developing defenses, and appreciating the strengths of a prosecution’s case isn’t just for a trial. It’s critical to negotiating a positive plea bargain agreement for my clients. By laying out the problems the prosecution will face if there’s a trial, we can often convince a prosecutor to accept a proposed agreement, so they can spend their time and energy on other cases they’re more likely to win.

Get the Help You Need from a Denver DUI Defense Attorney You Can Trust

Kevin R. Churchill has represented people who have been arrested for DUI for more than twenty years. His background gives him insight into how prosecutors, judges, and jurors will respond to the evidence and defenses in your case. He welcomes your questions and can explain how the criminal justice system works, Colorado law, and discuss your best options. Call him today at (303) 832‑9000 to schedule a free consultation.