When it comes to defending clients against DUI charges, we need to understand the full story and determine the best ways to challenge the state’s assertions. We’ll have access to the police report, but our best source of information will be from the client who can give a first-person account of what transpired. With that in mind, expect to answer a few questions from your lawyer about the incident in question. Below, we share five questions you can expect to answer after your DUI arrest.
Talking With Your DUI Lawyer
Expect your lawyer to ask a version of all five of the following questions, and please be honest with your lawyer. We’re not here to judge you, but if you tell us one thing and it can easily be disproved in court, it’s only going to hurt your case. Be honest with your lawyer and let us decide how to best use all this information to your advantage.
1. Were you drinking?/How much did you have to drink? – You may have told the officer that you only had two beers, but if the evidence suggests otherwise, don’t try to play that answer off to your lawyer. Really think back to how much you had to drink and tell your lawyer. This helps to establish if they should challenge elements about your blood alcohol content or the testing device.
2. What were you doing prior to the traffic stop? – What were you doing that led the officer to decide to pull you over? The police need to have reasonable suspicion based on the facts of the situation to conduct a traffic stop, so they need to witness something illegal or an infraction to stop you. They cannot pull you over solely because someone called to report that you may be driving drunk, because that information is considered hearsay until an infraction is witnessed. Talk to your lawyer about the moments leading up to your traffic stop.
3. Why did the officer say he pulled you over? – Did the officer tell you why he was stopping you in the first place? Was it for swerving or blowing through a stop light, or was it for a different infraction like speeding? We need to establish why the officer felt they had enough reasonable suspicion to pull you over.
4. What were your BAC results? – If you blew into a breathalyzer, you were likely told your results. We may be able to eventually collect this information, but if you’re contacting a lawyer on the day of your arrest or within days of being released, we may not have access to this information from the police just yet. Let your lawyer know how you performed on the BAC and the roadside tests.
5. Were there any witnesses? Did anyone else witness your DUI arrest? Was anyone with your leading up to the arrest? Witnesses and other credible sources of information can help to strengthen your case, so we’ll be asking if anyone else can provide a statement and how we can best get in contact with them.
If you want a lawyer who will use all this information and more to provide you with the best DUI defense, reach out to Avery and the team at Appelman Law Firm today.