How Will Your Attorney Be Preparing A Defense, After A DUII Arrest?
Interviewer: What are some things that you are going to tell a client, when you meet with them?
Requesting Discovery from the District Attorney
John Reade: The typical process is, after a client retains me, I request the discovery from the district attorney’s office. The discovery is all the information that the district attorney’s office has that they intend to use against the person, which is typically the police report, the breath test results, any photographs, etc. If there is an audio or video recording, which many times there is, a copy of the audio or video recording.
In addition, any other evidence that the district attorney’s office might have against the person, such as any witnesses the police officer spoke to, and what the witnesses allegedly told the police officer. I go over all the discovery with the client and discuss it with them.
What to Avoid during a DUII Arrest
Interviewer: What do you think are some things that would hurt a client’s case?
Limit What You Say to the Police Officer
John Reade: The thing I see a lot is the person talks to the police officer. My advice would always be not to talk to the police officer, for two reasons. Number one is if a person’s speech is slurred and they are talking to a police officer, it just gives the police officer more of an opportunity to say, “Well I know the person’s speech was slurred, because I spoke to them for such and such a period of time.”
Number two is the police officer is going to be asking them questions. A lot of times the answers a person gives will be incriminating, or used against them later on.
A person arrested for driving under the influence should also politely tell the police officer they will not take any field sobriety tests, and want to talk to an attorney.
Your Attorney Will Inquire about Any Medical Conditions You May Have That Might Affect Performance of a Field Sobriety Test, and the Breath Test Results
Interviewer: What are some things that could help a client’s case? What are some things that you’re going to ask them to do? Are you going to ask them about any particular conditions or ailments, for example?
John Reade: Regarding the performance of a field sobriety tests, if a person has any physical problems that may affect their balance; that would be important to know. If they were diabetic, and especially if they are insulin dependent, that would be very important.
If there are any witnesses, either in the vehicle with them or also just before they got in their vehicle and were stopped, who could say that the person in their opinion was not intoxicated. Intoxicated once again means not mentally and or physically affected to a noticeable or perceptible degree by an intoxicant, which is usually alcohol, but it could be something other than alcohol.
Acid Reflux May Affect the Breath Test Results
Interviewer: What about acid reflux, would that be another thing that someone should let you know about?
John Reade: An officer is suppose to observe a person for at least 15 minutes prior to administering the breath test to them, and make sure that the person has not regurgitated anything from their stomach into their mouth. If something like that did happen it could adversely affect the breath test results. In that regard, acid reflux would be important.