Criminal Defense in Orange County

Questions Your Lawyer Will Ask After a DUI Arrest

If you have been arrested for driving under the influence, you should not hesitate to contact an Orange County DUI attorney for help. You will first have an initial interview with your lawyer, during which they will ask you several questions about what happened before, during and after your arrest. They will also tell you what you can expect to happen next and what charges you are facing – including what DUI penalties you are up against. You will need to describe what happened in detail, beginning several hours before the arrest and through your release from custody.

Even little details can be important, such as what food and beverages you had prior to the arrest, what types of alcoholic drinks you had, and when you consumed them. Your lawyer will also get a prior criminal history from you, which includes any prior contact you have had with law enforcement officers, motor vehicle violations, and criminal convictions. This information is important during plea negotiations. It is especially important if you have prior DUI convictions, as it may be used as the basis for mandatory jail sentence. Thus, your attorney will want to be aware of this.

Your lawyer will also want to know if there were any witnesses who saw you driving. The burden is on the state to prove that you were driving, and witnesses will be crucial to accomplishing that. Thus, your counsel will want to interview any witnesses quickly. Furthermore, it is important to tell your attorney whether or not you made any statements to the police. Of course, this presumes that you remember what happened and whether you made any admissions to the police regarding how much you had to drink, when you last consumed alcohol, and whether you were driving.

The question of how much you remember is also an important one. Your Orange County DUI defense lawyer will also want to know your physical condition at the time you were arrested. How much had you slept the night before? Do you have any conditions that might impair your balance or ability to stand upright? Were you injured at all when you were arrested? Had you been taking any medications? If you answer the below questions before your initial interview with your attorney, it will greatly help them to evaluate your case and decide whether or not to represent you.

  • During your arrest, did the police search your car and if so, what did they find?
  • Did the officer read you your Miranda rights during your arrest? Did he handcuff you? Did you waive any of your rights or ask for an attorney?
  • At time of your arrest, did you have any medical conditions that might be relevant, such as inner-ear or balance problems, GERD or heartburn, diabetes, or any blood or liver disease?
  • Have you ever experienced a head injury?
  • Had you taken any medicine before your arrest, and how much had you slept the night before?
  • Do you have any mental health conditions?
  • During the breath test, did you burp or regurgitate at all?
  • Did the operator of the breath test interrupt your breathing pattern or ask you to hold your breath at all? Did you have any difficulty blowing into the machine?
  • Do you have any prior criminal records, including drunk driving arrests?

If you have questions about defending your DUI case in Orange County, please do not hesitate to contact The Law Office of Barney B. Gibbs to schedule a free initial consultation.