How to find the best DWI attorney for your case

Being arrested for a Driving While Intoxicated (DWI) is a traumatic experience. Beyond the actual arrest, you find you have more questions than answers: Should you have done the field sobriety tests, did you say too much, should you have consented to give a breath test, should you not have consented, what do you do from here…the list goes on.

As your thoughts turn to the criminal case, the questions continue: Do you know how to find the best DWI attorney for your case? Do you know what you should be looking for? Here are some handy tips and questions to ask:

Will they actually be your attorney?

The number one question you should ask as you’re evaluating your attorney is whether that attorney will actually represent you in court, come to your settings, answer your questions, and work on your case. Unfortunately more and more attorneys have “closers” at the office who never see the inside of a courtroom. Make sure you are meeting the attorney you’ll be meeting in court.

How much experience do they have?

Experience is one of the most important factors in finding the best DWI attorney for your case. The reason is simple: a person who has handled thousands of DWI cases is going to have seen every possible variation of a DWI: alcohol cases, non-alcohol cases, drug cases, drug and alcohol combination cases, breath cases, refusal cases, blood cases etc.

Are they former prosecutors?

It’s hard to beat or replicate the experience that comes with being a former prosecutor. That experience gives the attorney insight into how the prosecutors will prepare the case, and knowledge of the best places to attack.

Are they Board Certified or Specialized in Criminal/DWI Law?

In Texas, the highest designation a person can have as a criminal defense attorney is to be Board Certified in Criminal Law. Less than 1% of attorneys in Texas are Board Certified in Criminal Law. In order to become Board Certified, the attorney must have demonstrated sufficient trial and non-trial experience, obtained recommendations, and sat for a rigorous Board Examination that is only given once a year.

How do you feel during the consultation?

Ultimately the most important factor is how you feel about the attorney. Did they make you feel comfortable? Did their strategy make sense? Do they have the experience and expertise to represent you? Take time to talk to the attorney and see how you feel about them representing you in court against very skilled prosecutors in a criminal justice system that punishes DWIs harshly. Remember the state has immense resources to prosecute you. You’ll want to find someone who you are confident will zealously advocate for your best interest.

About the Author

Benson Varghese is a nationally-recognized criminal defense attorney who handles cases ranging from DWI to Capital Murder. To learn more about DWI defense or his firm, visit