The Day After a DUI: Start Preparing Your Defense

 Posted on September 12, 2018 in DUI

The day after you are arrested for driving under the influence can be tough. You may still feel a bit dazed after being arrested, tested, and processed.

Just remember this: an arrest, even with a failed alcohol or drug test, is not a guaranteed conviction, especially if this was your first DUI arrest. With the help of an experienced DUI defense attorney, you have a good chance of reaching a favorable outcome.

It is crucial that you start working on your defense right away. A successful DUI defense not only depends on your attorney but also on you. The more prepared and organized you are, the better.

Here are some tips to help you prepare for the first meeting with your defense attorney:

Review the Circumstances of Your Traffic Stop and DUI Arrest

As soon as possible, write down everything you can remember. It is important to write down the details before you forget them. Share everything with your attorney, because any small detail could be critical to your defense. Try to answer questions like these:

• What was the reason for the traffic stop? What did the officer say you were doing wrong? For example, were you speeding or weaving across lanes on the road? You may have a good reason (other than being drunk) for the way you were driving. For example, you might have hit a slippery spot on the road, got distracted by the lights of an oncoming car, or saw something in the road you needed to avoid.

• Where had you been? What were you doing there? Where were you going when you were stopped? Had you just gotten off work, stopped at a bar for one beer, and then headed home? Or were you attending a party at someone’s home?

• Do you have any witnesses? Was there a passenger in the car with you? Was there a bartender or friend who knows how many drinks you had?

• What questions did the officer ask, and how did you respond? Did you say how many drinks you had? Did you specify what kind of drinks you had (beer, wine, cocktails)?

• Did the officer ask you to perform field sobriety tests? If so, which ones? There are many reasons, other than being drunk, that a person might perform poorly on these tests. Was the shoulder of the road slippery or slanted? Were you sleepy or feeling sick? Could your age, weight, or any medical conditions (such as back pain, a leg injury, or medications that you take) have affected your balance?

• Was the traffic stop recorded by the officer’s dashboard camera, or by a civilian using a smartphone? Was there a camera in the booking room or by the breathalyzer machine at the police station? If so, your attorney will want to get copies of any recordings as soon as possible.

• Did you take a portable breathalyzer test at the time of the traffic stop?

Review the DUI Citation and Other Arrest Paperwork

You should have received four documents from the police:

• A Uniform Traffic Ticket, indicating what offenses you are charged with and your first court date.
• The breath or blood test warning form that you signed.
• The Notice of Statutory Summary Suspension, if you failed or refused the chemical test(s). This form should specify:
  • The “probable cause” for your arrest.
  • The results of the breathalyzer or blood test.
• Your bond slip, which states the conditions of your release, along with the information for your first court appearance.

Your attorney will want to review these documents to determine if there are any gaps or errors that can be used in your defense. Later, the attorney will get a copy of the police report as well.

Choose an Experienced DuPage County DUI Defense Lawyer

If you have been charged with DUI in DuPage County, contact an experienced Aurora DUI defense attorney as soon as possible. At the Law Office of Patricia Magaña, LLC, we will work with you to understand all the facts of your situation and develop a powerful strategy for your defense. Call us at 630-448-2001 for a free consultation. Se Habla Español.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.isp.state.il.us/docs/sfst_1day_refresher.pdf