Being arrested for driving under the influence can leave a person uncertain, overwhelmed, and unsure of what to do next. Legal procedures move quickly, and each decision may carry significant consequences. During this time, the attorney a person chooses can shape the direction of the case and its outcome.
The initial consultation is one of the most important opportunities to evaluate a potential attorney. This first meeting is more than a procedural step—it is a chance to ask meaningful questions, assess legal strategy, and determine whether the attorney is prepared to protect your interests.
This article by the Law Office of Joel M. Mann outlines what to ask a DUI attorney during your initial consultation. It also explains what to expect from the consultation and how to assess whether the attorney is a good fit for your case.
If police arrest you for DUI in Las Vegas, Nevada, asking the right questions at the start of the legal process can help you make an informed decision about your next step.
What Happens During a DUI Consultation?
During an initial consultation, the attorney gathers facts about the arrest and evaluates whether there are legal or procedural grounds to challenge the charge. Most consultations take place in person or by phone and last between 30 minutes and one hour.
You may be asked to describe the events leading up to the arrest, the officer’s conduct during the stop, and any tests administered. It is common for the attorney to ask whether you submitted to a breathalyzer, blood test, or field sobriety test, and whether you received any paperwork from the court or the Department of Motor Vehicles (DMV).
This meeting is also your opportunity to learn about the attorney’s process and to ask about previous cases with similar circumstances. An experienced attorney will listen carefully, provide general feedback about legal options, and explain what happens next if you decide to retain them. However, don’t expect a detailed legal strategy before signing the agreement. The goal of the consultation is to help both parties determine whether to move forward together.
To prepare, bring all documents received during the arrest or afterward, including the citation, any DMV notices, and, if available, the results of breath or blood tests.
Questions About Your Charges and Penalties
The charge itself is one of the first topics to cover during the consultation. You will want to ask:
- What charges have been filed or are likely to be filed?
- What penalties apply to a first-time or repeat DUI in Nevada?
- Are there additional consequences beyond the court case?
Nevada law defines DUI under NRS 484C.110. A person may be charged if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or if they are impaired by alcohol or drugs, regardless of BAC. For commercial drivers, the threshold is 0.04 percent, and for drivers under 21, the limit is 0.02 percent.
A first-offense misdemeanor DUI may carry up to six months in jail, a fine of up to $1,000, mandatory DUI school, and a 185-day license suspension. If the case involves an accident, a high BAC, or a child passenger, penalties may increase or even be charged as a felony. Second offenses within seven years carry harsher consequences, and third offenses may be charged as felonies under NRS 484C.400.
A Las Vegas DUI attorney should explain the legal exposure based on your record, the BAC level, and other circumstances. They should also mention administrative penalties from the DMV, including automatic license suspension and the requirement to install an ignition interlock device.
The way an attorney responds to these questions can help you assess whether they are evaluating your case thoroughly. Pay attention to whether they explain Nevada DUI laws clearly and apply them to your situation.
Questions About the Lawyer’s Case Experience and Strategy
The next set of questions should focus on the attorney’s background with DUI defense and how they evaluate and structure cases. While every case is different, you can learn a great deal by asking:
- How many DUI cases have you handled in the past year?
- Have you worked with clients in situations similar to mine?
- What were the outcomes in those cases?
- Do you regularly appear in the court where my case will be heard?
These questions help identify whether the attorney has handled a range of DUI matters, including cases involving test refusal, prescription medication, commercial drivers, or high BAC levels.
It is also worth asking whether they have defended clients in the same jurisdiction. Familiarity with local judges, prosecutors, and court procedure can influence how a defense is prepared. Attorneys who regularly appear in the same court often have insight into what strategies are more likely to succeed and how to time motions, hearings, and negotiations effectively.
An attorney should never promise results, but they should be able to describe the approach they have taken in similar cases and how those cases progressed. Their ability to explain this indicates how they prepare and whether they adapt to different fact patterns.
Also, ask whether the attorney appears in court personally or delegates court appearances to someone else. If multiple attorneys are involved, ask who will manage the file, attend hearings, and communicate with you directly.
Questions About Legal Defense Strategy and Process
After discussing your charges and the attorney’s experience, ask how they plan to approach your case. Consider asking:
- What would your initial legal strategy be based on what I have told you?
- Do you see any immediate concerns or opportunities?
- What would the next steps be if I retain you today?
This consultation should focus on whether the attorney has identified any legal issues based on your described circumstances. That might include questions about the traffic stop, probable cause, administering field sobriety tests, handling a breath or blood test, or the timing of Miranda warnings.
Nevada law allows challenges to DUI evidence in certain situations. For example, if the officer did not have a legal reason for the initial stop, any evidence obtained afterward may be suppressed. Similarly, it may be excluded if a breath test was not administered per state regulations.
An attorney may also explore whether the arresting officer followed standardized procedures when conducting field sobriety tests. Improper administration or failing to account for medical conditions may create an opportunity for defense.
You should also ask how the attorney handles DMV administrative license suspension hearings. These are separate from the criminal court case and follow different procedures. The attorney may recommend challenging the license suspension at a DMV hearing while defending the criminal charge in court.
Finally, the attorney should be asked what actions will be taken immediately if retained. These may include obtaining discovery, reviewing body camera footage, requesting a DMV hearing, or filing motions. How an attorney answers will provide insight into their readiness and the type of representation you can expect.
Remember to be patient, as the legal system does not always move quickly. The Attorney will be able to explain the timing of obtaining items necessary to understand the facts of the allegations.
Questions About Communication and Case Management
Effective communication between the attorney and the client is essential throughout a DUI case. To avoid confusion and frustration, ask:
- How often will I receive updates about my case?
- Will I work with you directly or another attorney or staff member?
- What is the best way to reach you, and how quickly can I expect a response?
You may also ask whether the attorney prefers phone calls, email, or client portals. Clear expectations at the beginning reduce the risk of missing information and delays.
Many people hire a DUI lawyer in Las Vegas only to speak primarily with office staff. It’s reasonable to ask who will handle court appearances, drafting motions, and client meetings. If multiple attorneys or paralegals work on the file, ask how responsibilities are assigned and who supervises the strategy.
There may be time-sensitive tasks if your license is suspended or if you are required to install an ignition interlock device. Ask how the firm ensures these deadlines are met and how they will notify you of any new court requirements.
Strong communication builds trust, reduces stress, and prevents missed opportunities. An attorney should be willing to explain how the office communicates, how clients stay informed, and what to expect as the case progresses.
Questions About Legal Fees and Payment Structure
Cost is often a deciding factor in hiring a defense attorney, but it should be weighed against the quality and scope of the services provided. During the consultation, ask:
- What is the total cost of representation in a DUI case like mine?
- Do you charge a flat fee or bill by the hour?
- Are there any additional expenses, such as investigators, toxicology experts, or DMV hearing fees?
- Is a written agreement provided before work begins?
Attorneys handle DUI cases under different fee models. Flat fees are common for standard DUI defense, allowing the client to understand what is included in advance.
These fees may cover arraignment, negotiations, and pretrial hearings but exclude trial representation or appeals unless specifically stated. Hourly billing may be used when the scope of the case is uncertain, especially if significant motion work or trial preparation is expected.
It is also good to ask whether the fee covers administrative license suspension hearings, as these are separate from criminal proceedings and often require additional time. Those costs may be billed separately if outside professionals are necessary to analyze breath test results, reconstruct the stop, or testify at trial.
Request a written retainer agreement that outlines the services, payment schedule, and cancellation policies. This helps avoid disputes and gives a clear picture of the financial commitment. If payment plans are available, ask about deposit requirements and due dates for installment payments.
Transparency about legal fees allows clients to assess whether the services offered meet their needs and budget.
What Red Flags to Watch for During the Meeting
A consultation is not only an opportunity to learn about the attorney, but it is also a chance to evaluate their professionalism and approach. Several warning signs may indicate that the attorney may not provide the level of representation you are seeking.
One concern is an attorney who makes promises about outcomes. While it is appropriate to discuss likely scenarios, no attorney can guarantee a dismissal, reduction, or acquittal. Promises may be used to secure clients, but often reflect a lack of honest case evaluation.
Another issue is a lack of interest in details. If the attorney does not ask about the circumstances of the arrest, chemical tests, or previous convictions, it may suggest a formulaic approach rather than tailored representation.
Additionally, observe how the attorney manages the consultation. Do they interrupt or talk over you? Do they provide vague answers when asked about court procedures or penalties? Do they seem rushed or disorganized? These signs may indicate how future communication and case preparation will unfold.
Assess whether the attorney explains your legal situation clearly and responds to your questions respectfully. This interaction often reflects how the attorney will handle your case if you retain them.
Preparing for Your Consultation: What to Bring and How to Prepare
To make the most of your consultation, arrive prepared with documentation and a summary of events. Preparation shows the attorney that you take the matter seriously and allows them to provide more accurate guidance.
Items to bring include:
- Copies of the citation or arrest report
- Notice of arraignment or upcoming court dates
- Any DMV notices regarding license suspension
- Breath or blood test results, if received
- Bail paperwork or release conditions
- Contact information for potential witnesses (if applicable)
If you don’t have official records, write down a timeline of the events. Include the time and location of the stop, what the officer said, whether tests were administered, and whether any symptoms or behavior were discussed.
Create a list of questions you want to ask. This keeps the meeting focused and ensures that no issue is overlooked. Include questions about the attorney’s approach, court experience, and fee structure.
If someone else will attend with you, such as a spouse or parent, discuss the questions beforehand so everyone understands what to expect.
Preparation helps you and the attorney determine whether the legal representation aligns with your goals.
Contact a Las Vegas DUI Attorney for a Free Consultation Today
If you have been arrested for DUI in Las Vegas, preparation begins with a legal consultation. The Law Office of Joel M. Mann provides personalized defense for individuals charged with driving under the influence throughout Clark County.
During your consultation, we will review the details of your arrest, answer your questions, and explain our approach to DUI defense. Our team of criminal defense lawyers focuses on strategy, communication, and protecting your rights throughout the legal process.
We offer a free, confidential consultation and a clear explanation of legal fees so you know what to expect from the start. Contact our office to discuss your legal options before responding to law enforcement or attending court.
Call (702) 474-6266 today or reach out online to schedule your consultation.
