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Posted on July 29, 2025 in Defense Strategies,DUI
Considering the pros and cons of a public defender, your chances of winning a DUI case with a public defender are typically not as good as with a private attorney. Before you decide whether to accept the appointment of public defense counsel, we recommend that you consider the following advantages and disadvantages of a public defender.
If you want premium legal defense in Arizona, call Rosenstein Law Group at (480) 248-7666.
Before we proceed, we must be clear that our purpose here is not to “talk down” public defense attorneys. Most of them are legal professionals who are trying to do their best under difficult circumstances. They play a vital role in our criminal justice system, making sure that everyone facing the power of the state can have an attorney, and not just those who can afford to pay for a privately retained lawyer.
Public defenders are, however, subject to forms of pressure that a private DUI defense attorney is not. It is these pressure points that can adversely affect the ability of the public defender to provide you with the best defense.
Despite their adverse environment, relying on a public defense attorney to represent you in a DUI defense has some possible benefits.
Public defenders in Arizona are licensed attorneys who are usually familiar with the local court system and who often will be professionally familiar with prosecutors and judges.
Many public defenders have years of experience in private practice before accepting work as public defenders. And given their heavy case loads, even younger attorneys can build up negotiation and courtroom experience quickly. So, just because you have a public defender does not necessarily mean that you will be represented by a neophyte.
Especially if you have little or no money to hire a criminal defense attorney in private practice, having an attorney appointed to represent you can be the difference between having an attorney and representing yourself.
The pressures that public defense lawyers are put under by heavy case loads and low compensation do not mean that your public defender will be incompetent in your defense. All attorneys must do their best to represent you, and it is not unreasonable to expect that, under the circumstances in which he or she must work, your public defender will do the best he or she can.
We have already seen some of the most significant potential drawbacks to using a public defender in a criminal charge defense: they are often overworked, poorly compensated, and exist in a system that does not incentivize them to do more than the minimum necessary to represent you.
In addition, not all public defense attorneys are highly experienced in DUI defense. Public defenders take on all kinds of criminal law defense matters assigned to them; they do not specialize in any one area of the law like a DUI defense law firm can.
Nor do you have any choice in which attorney the public defender’s office assigns to you.
Public defenders also often have only limited resources to investigate your case and to prepare for trial. A private attorney who works in DUI defense likely has more time and resources to hire expert witnesses and to do a thorough fact investigation, all of which can give you a stronger plea negotiating position and a better defense in court.
A DUI defense strategy often involves two layers: criminal case defense and representing you in administrative matters with the Arizona Department of Transportation and the Motor Vehicle Division (MVD). Public defenders only represent you in the criminal defense side of this two-sided issue.
So, for example, if the MVD is seeking to suspend or revoke your driver’s license because of a DUI charge, your public defender cannot represent you before the MVD and will not advise you on how to represent yourself.
Usually, a public defender will only be available to speak with you about your case during scheduled court hearings. If you have a question or concern outside of these scheduled appearances, chances are that you will only reach a recorded greeting and be asked to leave a message.
A private attorney will be available to speak with you throughout and in between court hearings.
Sometimes, depending on your financial situation, you may have little choice but to accept the appointment of a public defense lawyer in a DUI matter.
But if you have the opportunity to consider the alternative of hiring a private attorney, then there are several instances in which you could receive better results with private legal representation:
It may be tempting to think of relying on court-appointed public lawyers for your DUI defense strategy, but if saving money is a short-term consideration, then consider the long-term implications if you are convicted:
You can also experience collateral consequences that go beyond what the court sentences you to, including:
Arizona DUI laws are full of complex legal procedures and can be dangerous to navigate for anyone unfamiliar with them.
With so much on the line in terms of your freedom, your finances, and your future, the saying, “You get what you pay for,” may ring true when it comes to defending your DUI case.
Having an experienced DUI attorney can make all the difference in preparing a strong defense, challenging evidence against you to create reasonable doubt in the prosecution’s case, and in the outcome of your case.
The Rosenstein Law Group has more than 100 years of combined DUI attorney experience among our lawyers.
Our experienced attorneys have achieved many significant criminal defense law victories, including case acquittals, dismissals, and reduced charges.
We strive to make it practical to afford private legal counsel. We offer free initial consultations over the phone with a DUI lawyer and monthly installment payment plans. We also accept all major credit cards.
Before you resign yourself to a court-appointed lawyer, contact Rosenstein Law Group at 480) 248-7666 or use our online contact form. We can help you to make the best informed decision about your legal options.