What State Bars Actually Require for DUI Attorney Websites — And What They Don't

This section provides educational context on ABA Model Rules. State implementations vary—verify current rules with your state bar.

The American Bar Association's Model Rules of Professional Conduct establish the baseline framework that most states adapt for attorney advertising regulation. For DUI lawyers, three rules matter most:

Model Rule 7.1: Communications Concerning a Lawyer's Services

This rule prohibits communications that are false or misleading. A statement is misleading if it omits material facts necessary to prevent the listener from being misled. For DUI attorneys, this directly impacts how you can discuss case outcomes, dismissal rates, and reduced charges.

Model Rule 7.2: Communications Concerning a Lawyer's Services: Specific Rules

This governs advertising methods, including required disclaimers, record-keeping requirements, and restrictions on paying for referrals. Many states require you to retain copies of all advertisements for a specified period.

Model Rule 7.3: Solicitation of Clients

This restricts direct solicitation—particularly relevant for DUI lawyers considering outreach to individuals recently arrested. In-person solicitation remains heavily restricted in most jurisdictions.

The critical point: these are model rules. Your state bar has adopted some version of these, often with significant modifications. California's rules differ materially from Texas's, which differ from Florida's. Never assume your state follows the model rules exactly.

Publishing case results—dismissed charges, reduced sentences, not-guilty verdicts—is one of the most effective ways to differentiate a DUI practice. It's also one of the most regulated areas of attorney advertising.

What Most States Require

When publishing case outcomes, many jurisdictions require disclaimers stating that past results do not guarantee future outcomes. The specific language varies:

• Some states mandate exact disclaimer wording
• Others require the disclaimer be 'prominently displayed'
• A few specify minimum font sizes or placement requirements

Common Compliance Failures

Bar complaints in the DUI defense space frequently arise from:

• Cherry-picked results without context about overall caseload
• Implied guarantees through phrases like 'we always fight to get charges dismissed'
• Missing disclaimers on results pages, especially when results appear in image format
• Outdated results presented without date context

A compliance-conscious approach: include the jurisdiction-appropriate disclaimer on every page where results appear, note the date range of published outcomes, and avoid language suggesting these results are typical or designed to.

Client reviews drive local SEO rankings and conversion rates. They're also subject to bar advertising rules—including reviews posted on third-party platforms like Google.

State Approaches to Testimonials

States fall into roughly three categories regarding testimonials:

• Permissive states: Allow testimonials with minimal restrictions
• Disclaimer-required states: Allow testimonials but require specific disclaimers about results not being typical
• Restrictive states: Prohibit testimonials that could create 'unjustified expectations'

Google Reviews and Bar Rules

Here's where many DUI attorneys get tripped up: Google Business Profile reviews are attorney advertising under most state interpretations. You can't ethically solicit reviews that would violate bar rules if you published them directly.

Practical implications:

• Don't coach clients to mention specific outcomes in reviews
• Consider whether your state requires disclaimers on review pages that display testimonials
• Monitor reviews for claims that could be considered misleading

Some attorneys add a general disclaimer to their website's review section noting that individual results vary. This doesn't guarantee compliance but demonstrates good-faith effort.

DUI defense is a specialized practice area—but calling yourself a 'DUI specialist' or 'expert' triggers specific certification requirements in most states.

The Certification Requirement

Most jurisdictions following ABA guidance allow attorneys to claim specialization only if they hold state bar-approved certification in that practice area. Without certification, terms like 'specialist,' 'expert,' or 'certified' are typically prohibited.

What You Can Say Instead

Compliant alternatives that communicate experience without triggering certification requirements:

• 'Practice focused on DUI defense'
• 'Concentrating in drunk driving cases'
• 'Dedicated DUI defense practice'
• 'X years defending DUI charges'

Board Certification Programs

The National College for DUI Defense (NCDD) offers board certification recognized by some state bars. If you hold NCDD certification or similar credentials, verify whether your state bar recognizes the certifying organization before using 'specialist' or 'certified' language.

For SEO purposes, the distinction matters less than you'd think. Search engines don't rank 'DUI specialist' higher than 'DUI defense attorney.' Focus your title tags and headers on terms prospects actually search—which tend to be geographic rather than credential-based.

Rules change frequently. The examples below illustrate the range of variation—always verify current requirements with your state bar advertising counsel or ethics hotline.

Examples of Significant State Variations

California: Adopted substantially revised advertising rules in recent years. Requires retention of advertising records but has moved toward less restrictive testimonial rules than many states.

Texas: Requires disclaimers in specific circumstances, including statements about past results. Has detailed rules about advertising in electronic media.

Florida: Historically one of the most restrictive states for attorney advertising. Has specific rules about dramatizations, testimonials, and the use of certain terms.

New York: Requires attorney advertising to be filed with a designated bar committee. Has specific rules about testimonials and endorsements.

Multi-State Practice Considerations

If you're licensed in multiple states or advertise to clients across state lines, you may need to comply with the most restrictive applicable rules. Geographic targeting in digital advertising doesn't necessarily insulate you from bar authority in states where your ads appear.

Best practice for multi-state compliance: identify the most restrictive applicable rules and build your baseline content to that standard, then layer in jurisdiction-specific pages that address local requirements.

An annual compliance review catches problems before bar counsel does. Here's a practical audit framework:

Content Inventory

Document every page containing:

• Case results or outcome statistics
• Client testimonials or review displays
• Specialization or certification claims
• Fee information or comparison claims
• Statements about opposing counsel or prosecutors

Disclaimer Verification

For each flagged page, verify:

• Required disclaimers are present and current
• Disclaimer placement meets state requirements (if specified)
• Disclaimer language matches current bar guidance

Third-Party Platform Review

Extend the audit to:

• Google Business Profile description and posts
• Legal directory profiles (Avvo, Justia, FindLaw)
• Social media bios and pinned posts
• Video descriptions on YouTube

Documentation

Many states require retaining advertising materials for a specified period. Maintain dated screenshots or archives of all advertising content, including website pages, as they appeared at specific points in time.

For firms serious about compliance, consider having your state bar's ethics hotline or advertising committee conduct a pre-publication review of your core marketing materials. Many bars offer this service, and their approval provides meaningful protection against complaints.