When you are arrested and accused of a DUI charge, you will need legal representation. The right to be represented is in the Constitution for a major reason – those accused must be offered a fair chance to defend themselves using the professional advice of an attorney. If you qualify, you might be offered an opportunity to be represented by a public defender. Read on to learn more about this facet of criminal law and see how this issue could affect your DUI case.

What is a Public Defender?

Also known as a PD, this legal service is paid for by the government. You won't be able to pick and choose from the available public defender attorneys – the court chooses the attorney for you from a list. Every district has a public defenders office, but often it's staffed with a limited number of attorneys. These attorneys are paid using a set salary. When a need exists, the state also calls on a number of private attorneys to fill in. These attorneys, who might be referred to as panel attorneys, are paid a set flat fee by the case.

Should You Opt for a Public Defender?

If you qualify, you always have the option to use your own private attorney or the public defender attorney. The main consideration is whether or not your case is expected to go trial. Most public defenders are busy and plea bargains are a handy way to cut the usual sentencing phase short. If you are a first-time DUI offender, you will likely be offered a plea bargain. This means pleading guilty to a lesser charge in exchange for no trial. The plea deal decision is up to you, but many public defenders encourage defendants to accept a plea deal to avoid a trial.

That being said, public defenders will represent you in a trial if they see a way to have your case dismissed due to the evidence. For example, if your blood alcohol level (BAC) was borderline legal and you passed your field sobriety tests, you might have a good case. Another issue to consider is dealing with the department of motor vehicles. A DUI charge can bring a driver's license suspension and this issue is sometimes handled separately from the criminal charges. A private attorney can represent you in both criminal and DMV cases.

Your Income Matters

Not everyone can qualify for public defender representation. Usually, you must fill out a form with your financial information and your need is evaluated on a case-by-case basis. In some cases, you will be ordered to pay a partial legal fee to the public defender's office.

If you can afford a private attorney, you can always expect more personalized service. Contact a law firm today, like Daniels Long & Pinsel, about your DUI case.