How DUI Attorneys are Like Tim Tebow

I know this post might be a little late, since Tebow and the Denver Broncos just got crushed by the New England Patriots, ending what was a bit of a storybook run for Tebow this year, but I couldn't resist. I guess we've all got a little bit of Tebow time in us!

As I was watching the game last week all I could think about was how there were a lot of similarities between the Denver Broncos and Tim Tebow, and DUI attorneys. Just a few of the things I thought of right off the bat were: (1) we're typically huge underdogs; (2) we have to outwork everybody to win; and (3) we've got to play the game to have a chance to win.

DUI Lawyers, Like Tim Tebow, are Typcially Huge Underdogs

When we schedule a case for trial, we typically go into it knowing we're huge underdogs. The system has been set up for just such a scene. First, there is the law itself. If the prosecutor simply tells the jury that a breath test is over .08 the jury is instructed that they are to find the defendant guilty unless they don't trust the test results. To make sure the jury trusts the results, the prosecutor brings in state witnesses who are hired and trained specifically to testify about these things. And they will typically say just about anything to have a breath test result upheld.

On top of that, the courts often let the cops testify as experts on DUI, even though most of them have very little education related to DUI or anything else for that matter. They are allowed to opine that field tests enabled them to conclude someone was too drunk to drive when the tests weren't designed to allow anyone to reach that conclusion!

And don't let me get started on the judges. In Washington State the judges are elected. What does that mean for your average DUI client? It means he or she is likely to not get a fair shake, particularly at a motions hearing where the likely resolution of the case with a defense win is dismissal of the case. It's not that the judges are inherently unfair, but they have a lot more to think about than just the law applied to a specific fact pattern. They have to think about their reputation with other judges, their reputation with the public (no one ever got reelected by letting a bunch of "drunk drivers" walk, and their career generally.

When we walk into any trial or any motions hearing, just like Tim Tebow, we are automatically 10 point underdogs. But, like Tebow showed last week, the opportunity to walk out victorious is always there.

A DUI Attorney Wins by Outworking Everyone

Our only saving grace is that prosecutors, like the Pittsburgh Steelers, know we are big underdogs. So many times they just have to walk into court, read some questions off a form, and secure a conviction. But we can make it hard on them. And the only way we can win is to outwork our opponents.

I can tell you this, most prosecutors don't prepare very thoroughly for their cases. They either don't have the time, don't see the point, or don't care that much. But their lack of preparation gives us the only advantage we have - at least in our office, when we walk into a courtroom and face the prosecutor, we are more prepared than they are - and we are prepared to take advantage of any mistakes they make.

That's really the key to being a good Tacoma DUI attorney, outworking your opponent and understanding the material better than they do.

You've Got to Play the Game (i.e. Go to Trial) to Win the Game

In all sports there are always upsets. Some team that is supposed to have no chance to win shows up, gives their all, and shocks the world. The same thing is true for the DUI attorney.

I can't tell you how many times I've had a case that I didn't think had much of a chance to win get an incredibly good result only because we pressed the issue and set it for motions and trial. One thing you quickly learn as a DUI attorney is that if you don't set your case for trial, you've got no chance to get a better result than you have at the time. You also learn that most of the time even if you lose after trial the chance of getting something worse than the mandatory minimums is very slim - essentially there's nothing to lose and everything to gain.

One thing you can see in Tim Tebow's eyes is that he isn't ashamed one bit of being where he is and doing what he's doing. Everyone is telling him he's no good, telling him he's not qualified to be a professional quarterback, and all he does is step out on the field, work his butt off, and prove everyone wrong. Having no fear as a DUI lawyer is very freeing, like it is for Tebow. Once you stop being afraid of what might happen you can focus on giving your best, and you can perform your best.

Comments, Questions Welcome

What do you think? Let me know in the comments section below. Have other questions? Let me know. Have a story about winning as an underdog? Let's hear it.