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Drunk Driving: Questions Your DUI Lawyer Must Ask

When selecting a lawyer to handle your drunk driving case, you need to ask lots of questions. How much experience does the attorney have in DUI/DWI matters? Will he or she personally handle your case? What outcomes can you reasonably expect before and after trial?

But, when evaluating potential attorneys, the questions they ask can tell you a lot as well. A skilled DUI lawyer should know the questions to ask in order to quickly narrow down the issues in your case and begin formulating a strategy to secure the best possible outcome. These questions include:

How much alcohol had you consumed (if any) prior to your arrest?

While everyone’s biology is unique, an experienced DUI/DWI lawyer will be able to assess whether, based upon your alcohol consumption, your blood alcohol content (BAC) reading and the arresting officer’s interpretation of your performance on the field sobriety tests (FSTs) are likely to be accurate.

When did you have your last drink?

Even if you were drinking, if the effects of the alcohol should have worn off by the time you were arrested, there may be another explanation for the driving behavior that caused you to get pulled over. If you were drinking shortly before your arrest, your BAC could have risen between the time you got pulled over and the time you took the Alcotest.

Do you have any medical conditions?

Certain medical conditions can cause erratic driving behaviors and poor performance on FSTs. If you suffer from a medical condition, your condition may provide a solid defense to your DUI/DWI.

Why did the arresting officer say he or she pulled you over?

The police cannot pull you over for no reason. If the arresting officer lacked reasonable suspicion to pull you over, or if he or she lacked probable cause to make an arrest, any evidence obtained following your traffic stop may be inadmissible at trial.

What did you say to the arresting officer?

If you were lawfully arrested, anything you said to the arresting officer could be used against you in your case. Your lawyer will need to know everything you said in order to address any incriminating statements you may have provided.

Did you refuse to submit to an Alcotest?

If you refused to submit to an Alcotest, you could be facing additional charges and penalties on top of your DUI/DWI.

Additional Key Questions for Assessing Possible DUI/DWI Defenses:

Additional questions you can expect an experienced attorney to ask during your initial consultation include:

  • What were you doing in the hours prior to your arrest?
  • Was anyone else in your vehicle?
  • Were there any other witnesses to your arrest?
  • What were the weather and road conditions at the time of your arrest?
  • Whose vehicle were you driving?
  • Do you have any prior DUI/DWI arrests or convictions?
  • Did you understand everything the arresting officer told you?
  • How long after you were pulled over did you take the FSTs? The Alcotest?
  • Which FSTs did the arresting officer ask you to perform?
  • Did you request an independent BAC test?

Speak with a New Jersey DUI/DWI Defense Lawyer at HCK, P.A. Today

If you have been arrested for DUI/DWI in New Jersey, it is important that you speak with an attorney as soon as possible. At Helmer, Conley & Kasselman, P.A., we offer free initial consultations, and we have 12 office locations throughout New Jersey as well as one in New York. To discuss your drunk driving case in confidence, call us at 1-877-435-6371 or request your free consultation online now.

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