Public Defender vs. Private Lawyer: Your DUI Defense Guide

Facing a DUI charge in Central Pennsylvania can be a very stressful time, with an automatic driver’s license suspension and the potential for hefty fines, mandatory substance abuse programs, and even jail time. When it comes to criminal charges for DUI, time is of the essence, especially when seeking to have your license reinstated through DMV hearings. Individuals facing a driving under the influence charge have a difficult and vital decision to make: a court-appointed attorney or a private attorney. Each has its benefits and drawbacks, and the choice often depends on your unique circumstances and the specifics of your case.

If you or a loved one is facing a DUI charge in Central Pennsylvania, you need to act fast to mitigate the potential damage and reach a favorable outcome. You need an advocate who will fight aggressively to protect you, your rights, your freedom, and your future. The experienced DUI defense team at Grace Legal Offices is ready to help.

Public Defenders: Limited Resources at Little to No Cost

Pros of Using a Public Defender:

• Cost-Effective:

  Public defenders are government employees appointed by the court to represent criminal defendants who cannot afford private counsel. For those who meet financial eligibility, public defender’s services come at little or no cost. 

• Experience (Sometimes):

  Public defenders are often seasoned criminal defense lawyers with an entire caseload dedicated to criminal cases. Because of this, they may have extensive experience practicing criminal law. However, for less complex matters, your DUI case may be assigned to a newer court-appointed lawyer, as more experienced defenders are needed for more complex cases.

Cons of Using a Public Defender:

• Overworked and Understaffed:

  While a rewarding career, it’s an unfortunate reality that public defenders are underpaid when compared to private lawyers. Not only is it hard for public defender offices to attract experienced attorneys because of this, but they’re also critically underfunded, meaning that they can’t keep too many lawyers on staff. This leaves the lawyers they have carrying a heavy caseload, often beyond the recommendations of legal ethics, reflecting the work of up to five full-time lawyers in the busiest offices, according to a New York Times article. Most public defenders cannot answer every call or have extended pre-trial meetings because they must prepare for numerous court dates and first court appearances.

• Less Access to Resources:

  While public defenders can still represent you effectively, they often have limited access to resources like investigators and expert witnesses compared to private lawyers. This can impact the investigation, especially in cases requiring detailed blood test challenges or DMV-related issues with the Department of Motor Vehicles.

• You Get Who You Get and You Can’t Get Upset:

  Public defenders are generally assigned their cases and can’t pick clients or cases. When the lawyer doesn’t have much say in the cases they’re taking, the client gets even less. Clients can’t interview multiple public defenders to find a good fit for their case and their needs.

Private DUI Attorney: Your Choice, Representation Tailored to You

Pros of Using a Private Attorney

• Early Intervention:

  Public defenders are assigned once the arrest has taken place and the case has been processed. Even so, clients often do not meet their public defender until they are due in criminal court. In DUI law, where time is of the essence, early intervention is critical to reinstate your driver’s license via administrative hearing, to address the results of any testing, and to mitigate the consequences of the charge. Unlike public defenders, private attorneys can get started immediately after your DUI arrest. This allows early preparation for DMV hearings, evidence review, and a customized defense strategy before your first court appearance. A private experienced DUI attorney can also begin the negotiation process with prosecutors early, which may help in securing better outcomes, such as a reduced charge or a favorable plea bargain.

• Tailored Attention and Access:

  Private attorneys universally handle a smaller caseload and have fewer deadlines. They are not forced to take on more cases to compensate for an understaffed public defender’s office. This gives private attorneys ample time to dedicate to each client and case, providing personalized attention. Because of this, a private DUI lawyer can tailor their services to your needs, goals, and circumstances. Moreover, because private DUI defense attorney typically has a smaller caseload, they have more time to keep your questions answered and to prepare thoroughly for every court appearance. Clients benefit from more direct communication, something that can be critical in a DUI defense case.

• The Resources You Need:

  Private attorneys can hire seasoned investigators and expert witnesses to review blood tests or accident reports, helping build a stronger case for the defendant. This ensures not only that there is a thorough investigation and expert analysis, but that the work is top quality. Having a DUI defense lawyer who is well-versed in DUI laws can make a substantial difference in how your case is represented at trial.

• Your Decision:

  Unlike a public defender, you are not assigned a private attorney. You have the opportunity to consult with multiple attorneys, often offering a free consultation, so you can compare their services, rates, and levels of trial experience. This allows you to choose the defense attorney who can best meet your needs. You can also see how their approach differs from other lawyers and assess their ability to handle cases successfully.

Cons of a Private Attorney:

• Varying Levels of Experience:

  Not all private attorneys specialize in DUI, so it’s important to ensure you hire a private lawyer with proven success in DUI cases.

• Cost:

  In most cases, you get better outcomes when you’re willing to pay for it. Hiring a private lawyer can be expensive, and finances are often a determining factor for potential clients. However, many experienced attorneys offer reasonable rates and flexible payment plans. With the severe consequences of a DUI and the potential for a long-term disruption to your daily life, even months or years after the case is behind you, representation from an experienced private DUI attorney may be well worth the cost. 

Your Dedicated DUI Defense Team: How Grace Legal Can Help

Whether you ultimately decide on a public defender or private attorney for your Central Pennsylvania DUI charge, it’s vital to make an informed decision based on your unique needs, circumstances, and goals. Regardless of your choice, obtaining competent legal counsel is key to navigating the complexities of Pennsylvania DUI charges.

The experienced DUI defense attorneys at Grace Legal Offices serve the people of Central Pennsylvania and beyond with immense pride. We are ready to fight aggressively to mitigate the impact of your drunk driving charge and to reach the best possible outcome. Contact us today!