As we mentioned in a previous blog, it is very important that you are open and honest with your criminal defense lawyer. We’re not here to judge, we just want to ensure that we can put together the best defense with all the facts so that we don’t run into any unwanted surprises down the road.
While we’re working on your defense, we’re going to ask you a number of questions to learn more about the incident and how best to defend you against the charges. Below, you’ll find some of the questions we ask each of our clients charged with a DUI, and a short explanation of why each of these questions is important.
Questions Your DUI Lawyer Will Ask
Here are seven questions your DUI lawyer will ask you about the incident.
1. What did you do before the arrest? Give your lawyer a rundown of the night in question as well as an explanation of any driving maneuvers that may have led to the traffic stop. This helps us get a baseline for how everything began.
2. Were you drinking? Drinking alcohol is by no means an admission of guilt, but your lawyer needs to know how much you drank in order to put together the best case and learn where to best challenge the prosecution’s claims. Again, don’t lie or fudge the numbers, because it will only serve to hurt your case if the bar can prove you had six drinks when you claim you only had two.
3. Tell me about the interaction with the officer. How was the officer’s demeanor during your traffic stop, and what else did you notice during the interaction? Did they mention why they pulled you over? It’s okay if you don’t remember everything because there may be body camera evidence, but this helps to look for more ways to challenge the state’s case.
4. What did you tell the officer? Police officers are great at their job, although sometimes they use their power to get you to admit to more than you should. Did you admit to drinking earlier in the night, or did you lie about some things? Let us know so we can pick apart the cop’s testimony.
5. Were there any witnesses? Were their any witnesses or passengers who could verify your version of events? When it comes to he said-she said arguments, police know they can bend the truth or write their incident reports to cast you in a less-than-favorable light. However, if you have witnesses who can testify to your actions, it can really help us build a strong defense.
6. Were you observed for at least 15 minutes before the breath test? Officers are supposed to observe the suspect for at least 15 minutes to ensure they don’t burp, belch or put anything into their mouth that could cause stomach acid to make its way back up your system. Alcohol in the stomach is more concentrated than in the bloodstream, and this can lead to inaccurate test results.
7. Were you read your Miranda rights? Finally, your lawyer will ask you whether or not police read you your Miranda rights prior to your arrest. If they did not, that’s a simple way to challenge the validity of your arrest.
For more information, or to talk to a criminal defense attorney about your DUI arrest, reach out to Appelman Law Firm today.
