Questions to Ask Your DWI Lawyer

If you have been charged with drunk driving, then you have a very short amount of time to save your Texas Driver’s License (15 days), and you need to interview and hire an experienced criminal defense lawyer quickly.

Whether you found your attorney through a friend, a bill board, or an internet search, you need to ensure that you are working with an experienced lawyer who will aggressively pursue your DWI / DUI Defense.

Top 10 Questions to Ask Your DWI Defense Attorney

1) What is his / her background and experience with DWI Cases?

This seems like a no-brainer, but if your Aunt Jane recommended the same lawyer who reviewed her Oil & Gas Lease a few years ago, then you might want to make sure this attorney has also won a few DWI Criminal Cases.

It seems like lawyers know more and more about less and less. Texas Law is constantly evolving, and with your license, job, and freedom at stake…you want an attorney who doesn’t just focus on criminal law, but an attorney who specifically focuses on drunk driving criminal defense.

You also want to get a sense of your attorney’s track record. How many cases has your attorney won or lost? What exactly defines a “win” in DWI Defense? What would your attorney consider a “win” in your particular case?

2) Ask what documents you should bring to the first lawyer / client meeting.

To maximize the effectiveness of your first meeting, you should bring any evidence that you may have in your possession. This includes: police reports, police inventory reports, court documentation, bail papers, and the names of any witnesses or victims involved (for possible conflicts of interest that the attorney may face).

3) Does your attorney belong to any Bar Associations or Professional Organizations?

national college for dui defense general memberEvery lawyer should belong to the State Bar Association. Matt DeLuca is a member of the Texas State Bar and also a General Member of the National College for DUI Defense.

The National College is headquartered in Montgomery, Alabama. It consists of a governing Board of Regents, a Founding Membership, a Sustaining Membership and a General Membership.

College members represent the most experienced DUI defense attorneys in the country.

4) Is your lawyer familiar with the courthouse where your case will be heard?

This is just another way to determine what sort of experience your lawyer has in DWI Defense. Local courts have different local rules, in addition to the State Laws that govern each case. You want to hire an attorney who is familiar with the Texas Drunk Driving Law, but also with the local rules of your particular court.

5) Has your attorney ever worked with the Prosecutor assigned to your case?

This can actually be very important. Each Prosecutor is allowed some personal professional discretion in how they prosecute DWI cases. If your lawyer is familiar with the Prosecutor, he may have knowledge of other cases similar to yours, in which the Defendant’s attorney was able to achieve a favorable outcome. Your lawyer may be able to use such knowledge to help you negotiate a more favorable outcome.

6) Discuss your options and all possible defense strategies.

It can be comforting to familiarize yourself with your lawyer’s approach to your legal defense. Most importantly, in having this conversation, your lawyer may discover information that you previously omitted, which can be helpful to your defense.

7) Where did your lawyer attend law school?

You want an attorney who attended an ABA accredited law school, and it can be helpful to have an attorney in the State and jurisdiction where your alleged offense occurred. Lawyers who went to law school locally, often also interned with local law firms and grew up in the local court system.

Matt DeLuca is a graduate of the University of Houston Law Center.

8) How often do your DWI cases go to trial?

Instead of going to trial, many DWI cases are resolved via negotiated plea agreements between the Prosecutor and the Defense Attorney. Certain sets of facts are more suited for trial, and others may obtain a more favorable plea agreement without going to trial. Your lawyer will help you decide your best defense strategy.

9) Will you be the lawyer actually working on my case?

Some law firms have attorneys who are “In-take” Attorneys. Theses lawyers field calls from prospective clients, evaluate the situation, and another attorney actually handles your case.

10) How often will you communicate with me?

It is important to establish how often you and your lawyer will communicate regarding your case. In any legal matter, there are certain deadlines and important dates that your attorney must prepare for in order to successfully defend your case. You should make it easy for your attorney to contact you and your attorney should keep you informed of any court dates or appearances that you must make.

Other Questions to Ask your Houston Driving While Intoxicated Lawyer

  • How do you prefer to be contacted?
  • How quickly will you respond to my questions?
  • How is billing handled, flat fee or hourly rate?
  • What payment options do I have?
  • What is the DWI Legal Process like.

Contact The Law Office of Matt DeLuca for More Information

If you are facing drunk driving charges in Harris County or the surrounding counties, and you would like more information regarding DWI Defense, contact Matt DeLuca via email (, or via phone at (713) 429-4400.