If you’re arrested for a DUI and you can't afford an attorney, the government will pick up the tab and provide you with a lawyer (called a public defender, or “PD”). A public defender is provided because the Supreme Court has ruled that persons facing possible jail time have a right to court-appointed counsel. You don't get to choose the PD; the government selects one for you.
Am I Eligible for a Public Defender for my DUI Charge?
No fixed amount of income or assets makes someone eligible or ineligible for public defender representation, except that persons receiving needs-based government assistance (such as SSI, TANF, and other payments) are usually eligible. Typically, you must go through a financial screening process to see if you are eligible.
Is a Public Defender as Good as a Private Attorney in a DUI Case?
It's hard to say whether hiring a private attorney will get you a better outcome than a public defender. However, here are some factors you might want to consider.
Going With the Public Defender will Save You Money
A DUI can end up costing you quite a bit. And hiring a private DUI lawyer usually isn't cheap. So for people who don't have lots of money, going with the public defender can be a good way to save.
However, in some areas, you may be asked to pay partial fees to the public defender's office, depending on your income. But the amount you'll pay will still likely be far less than what you'd spend to hire a private DUI attorney.
Public Defenders Have High Caseloads and are Busy
If you can't afford an attorney, you will benefit from a public defender's efforts. But public defenders, because of their heavy workload, typically won't be able to spend a lot of time explaining things to you and giving you special attention.
If you want to make sure you have substantial one-on-one time with a lawyer and you can afford to hire one, you may be better served by a private lawyer.
Public Defenders Usually Have Lots of DUI Experience and are Often Excellent Trial Attorneys
Of course, some practical realities can also affect the quality of legal representation. For example, PDs may be overworked and understaffed, but they usually know the courtroom players well and also take quite a few cases to trial. This experience can be a valuable asset in defending against any charge.
What Can I do if I Don't Like my Public Defender?
If you aren't happy with the public defender who is representing you, you'll usually have a few options. It's not uncommon for defendants who are represented by the public defender to change their minds and hire a private attorney. Judges will generally allow defendants to make a switch so long as it won't disrupt the case in a significant way.
A judge might also be willing to assign a different public defender if the one you have isn't working out well. However, judges generally want defendants to provide a reasonable explanation before they're willing to make the swap. And some circumstances, a judge might deny the request.
Generally, if want to switch attorneys you should notify your current attorney as soon as possible. Judges are often reluctant to allow defendants to change attorneys if doing so would delay a trial or otherwise disrupt the proceedings. For instance, if you ask for a new attorney on the day your trial is supposed to begin, there's a good chance the judge will say no.
Can a Public Defender Represent You in DMV License Suspension Hearings?
One reason that weighs in favor of hiring a private attorney is to represent you in administrative DMV hearings. A private attorney can represent you at both the court and DMV hearings, but a PD will represent you only in court (because the DMV hearing has no potential for jail time).
Because DMV hearings are typically held before DUI trials, it may benefit you to have an attorney present at the DMV hearing to preview the evidence to be used against you at trial.
How Does the Public Defender Get Paid in DUI Cases?
Because the government pays your public defender, some defendants are concerned that plea deals may be made in the government's best interest—that is, maybe PDs don’t want to risk upsetting the people who sign the paychecks so they make deals that are better for the prosecution than the client. That should not be an issue with a PD because all attorneys, whether private or paid by the government, are ethically bound to diligently represent their clients.
Is There a Difference Between Public Defenders and Court-Appointed Attorneys?
In many jurisdictions, there are two types of PDs: those that work for a public defender on a salary; and private attorneys (sometimes referred to as “panel attorneys”) who are paid a fee to provide public defender assistance. The government typically pays panel attorneys a flat fee or an hourly rate. With hourly rates, there are sometimes fee caps—that is, if the fee hits a certain amount, the attorney will need to seek permission for additional compensation.
So, yes, there's a difference. But, generally, a person who wants court-appointed counsel won't get to choose between the public defendant and a panel attorney. You just get who you get, depending on the system that's in place in your jurisdiction.
Talk to a DUI Attorney in Your Area
If you're still on the fence about whether to go with the public defender or hire a private DUI lawyer, make some calls and talk to a few attorneys. Most DUI lawyers offer clients free initial consultations. Talking to some attorneys might give you a better idea of which way to go.