Being charged with a DUI is one of the most stressful situations you can face. The stakes are high: your driver’s license, your job, your insurance rates, your freedom, and your criminal record are all on the line.
For any Hoosier facing criminal charges for intoxicated driving, the Indiana DUI lawyer they choose can have a major effect on the outcome of their case. Not every attorney who advertises DUI defense actually knows what they’re doing. Law school doesn’t teach the science behind blood alcohol testing or the strategy of challenging field sobriety tests. And plenty of “criminal defense” attorneys avoid trial altogether, taking whatever deal the prosecutor offers.
Before you sign a contract or pay a retainer, you should ask the following 10 questions. The answers will tell you whether an attorney has the skill, experience, and drive to protect you and your interests.
1. Do you understand exactly what’s going on with my driver’s license?
A DUI arrest sets off a chain of events with your driver’s license and it often starts before your criminal case even gets going.
Here’s what many people don’t realize:
- You can face an administrative suspension from the Bureau of Motor Vehicles (BMV) immediately following your arrest.
- If you plead or are found guilty, you’ll face an additional criminal suspension.
- Indiana law allows for credit time toward your criminal suspension if you’ve already served an administrative suspension, but you have to handle this correctly.
In some cases, you might be eligible for specialized driving privileges to get to work or take care of family obligations, but only if the request is handled strategically. Some prosecutors agree to these privileges, but many don’t, and certain judges won’t grant them without the prosecutor’s approval.
Some lawyers will tell clients not to bother asking for driving privileges because the prosecutor might object. That’s not strategy, that’s avoidance.
At the Marc Lopez Law Firm, we’ve handled every variation: first-time arrests, multiple priors, chemical test refusals, commercial driver’s licenses, and complicated out-of-state suspensions. When your ability to drive is on the line, you need someone who knows exactly how to protect it.
2. Have you ever taken a DUI case to jury trial?
Prosecutors know which lawyers will take a case all the way to trial and which ones won’t.
Even if you never plan to go to trial, having a lawyer with real jury trial experience changes the dynamic. Prosecutors are more likely to make better offers to attorneys they know can and will fight in front of a jury. It’s human nature: if you know your opponent is a fighter, you’re more willing to compromise.
The Marc Lopez Law Firm has tried plenty of DUI cases to juries in Indiana, with results that speak for themselves. That reputation benefits every client we represent, because the prosecutor knows we’re not bluffing.
3. Do you have experience with DUI bench trials?
A bench trial (where there’s no jury, just a judge) is common in misdemeanor cases, including many DUIs. Bench trials are often the right choice when the legal issues are more important than disputed facts.
Winning a bench trial requires knowing how to make precise legal arguments that persuade a judge. It’s a different skill set than is required for jury trials, but just as important.
Some lawyers who brand themselves as “DUI attorneys” rarely handle a bench trial. We handle them regularly, and we know when a bench trial can be used to your advantage.
4. Do you know which field sobriety tests are standardized?
This is a quick way to find out whether an attorney understands the basics of DUI defense.
There are only three standardized field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA):
- horizontal gaze nystagmus (HGN)
- walk and turn
- one leg stand
That’s it. Everything else (alphabet tests, touching your nose, balancing with your eyes closed) might be used by police, but they’re not standardized and don’t have the same reliability standards.
If an attorney can’t name all three, or tells you other tests are “just as good,” they don’t know what they’re talking about and you should keep looking.
5. Have you completed the same field sobriety test training as police officers?
It’s one thing to read about field sobriety tests in a manual. It’s another to complete the same hands-on training officers go through by watching and practicing the tests on actual people who have been drinking.
This training exposes the flaws in the tests and the ways officers often fail to follow protocol. At the Marc Lopez Law Firm, several of our attorneys have completed this training, which means we know exactly how to cross-examine an officer on procedure and potential mistakes.
6. Have you ever kept a breath or blood test out of evidence?
In many DUI cases, the State’s biggest piece of evidence is a chemical test result. This can be either a breath test or a blood draw.
If the test was done incorrectly, the sample was mishandled, or the machine wasn’t maintained properly, that evidence can sometimes be kept out of trial entirely. That’s a game-changer.
The Marc Lopez Law Firm has successfully challenged and excluded chemical test results both at trial and on appeal. Doing that requires in-depth knowledge of the science and the law, which is not something that every Indiana DUI lawyer has in their toolkit.
7. Are you a member of the National College for DUI Defense?
The National College for DUI Defense (NCDD) is a professional organization for attorneys who focus on defending clients against DUI charges. Membership gives attorneys access to advanced training, scientific resources, and a network of skilled lawyers nationwide.
An Indiana DUI lawyer who invests in NCDD membership and actually participates in its resources has shown they’re serious about staying on the cutting edge of DUI defense.
8. Have you ever worked as a DUI prosecutor?
Former prosecutors have an insider’s understanding of how DUI cases are built, what evidence matters most, and where the weaknesses usually are.
Several attorneys at the Marc Lopez Law Firm previously served as DUI prosecutors in Marion County, working on a specialized task force that handled hundreds of drunk driving cases. They use that perspective every day to anticipate and counter the State’s strategy.
9. Have you attended DUI-specific continuing legal education in the last year?
All attorneys in Indiana must complete continuing legal education every year. But there’s a big difference between taking a last-minute seminar on civil law and attending a multi-day, science-heavy DUI defense program.
The attorneys at the Marc Lopez Law Firm make it a point to attend, and sometimes teach, national seminars on defending drunk driving cases. That commitment keeps us ahead of changes in the law, technology, and courtroom strategy.
10. Are you affordable?
You should never choose an attorney based solely on price, but affordability matters. If you can’t pay your lawyer, you can’t keep your lawyer.
We know being charged with a crime doesn’t stop the rest of your life from happening. Bills still need to be paid, kids still need care, and work still expects you to show up. That’s why we offer payment plans and flexible fee arrangements, without sacrificing the quality of your defense.
Why These Questions Could Save Your Future
These questions aren’t just a checklist, they’re a roadmap to finding the right lawyer.
An attorney who can confidently answer yes to these questions:
- understands Indiana DUI law inside and out
- knows the science behind breath and blood testing
- has real trial experience and a reputation that prosecutors respect
- invests in ongoing training to stay sharp
- is committed to fighting for your best possible outcome
That’s the kind of Indiana DUI lawyer you want in your corner when your license, your record, and your future are at stake.
Act Fast Because Your License Clock Is Already Ticking
In many DUI cases, you have a limited window to act before your license is suspended. Waiting too long can close doors you didn’t even know existed.
If you or someone you love is facing a DUI in Indiana, don’t gamble with the future. The Marc Lopez Law Firm has handled thousands of drunk driving cases across Indiana, and we know how to protect what matters most to you.
Call us at 463-238-4579 for a free consultation, and remember: always plead the 5th.
