Many DWI cases are won based upon errors or omissions in the paperwork. Keep everything you are given by law-enforcement, jail personnel or the magistrate in a folder. Bring it all with you to your first meeting with your lawyer.
Write a detailed explanation of the events surrounding your arrest.
The more details your attorney has regarding the facts, the better they will be able to evaluate your possible defenses. As soon as you are able, sit down and write out every detail you can recall. Begin with the hours leading up to your first drink. Did you work, sleep, eat etc. before you had anything to drink. Where did you go? Who was with you? How did you get there? What time did you get there? What did you have to drink? What time was your last drink?
Next, cover the details regarding your encounter with law enforcement. What road were you on? Where did you pull over? What did the officer say to you? How did you respond? Did you do any field sobriety tests? Did you take an Alco-sensor (portable breath test)?
Finally, write down as much as you can recall about what occurred at the law-enforcement center. Did the officer read you your rights concerning the breath test? Did you call anyone? Who got you out? Did you have a witness view you or the test.
Get together a list of potential witnesses.
Make a list of potential witnesses to your actions. Get their contact information and addresses. If you think they are critical witnesses, ask them to write down their recollection of events so that they will not forget the details.
Obtain a Substance Abuse Assessment.
This is required in order for an attorney to get you a pre-trial limited driving privilege. It consists of a questionnaire about your drinking and/or drug habits. You will then meet briefly with a counselor who will make a recommendation to the court for treatment based upon state-mandated guidelines.
You will need a copy of your blood or breath test results and the fee for the assessment. You may also have to order your driving history from DMV.
Call our office for a list of approved providers in your area. (910)362-1809
Get proof of valid insurance from your insurance company.
Proof of valid insurance is required to get you a pre-trial limited driving privilege. Request form DL-123 from your insurance agent.
If you are alleged to have REFUSED a breath test, TAKE NOTE!
If the officer indicated on the paperwork that you refused a breath or blood test, you have a very limited amount of time to contest this before your license is revoked FOR A YEAR!
Notify your lawyer immediately upon receipt of a letter from DMV regarding this refusal. If you do not live at the address on your license, make sure your mail has been forwarded to your correct address.
Call an attorney as soon as possible!
DWI cases are complex. You need to hire an experienced attorney who regularly handles these matters. Don't shop based upon price. You get what you pay for.
A good DWI lawyer will do a thorough investigation of the facts and paperwork in your case. They can never tell you at an initial consultation whether they can win the case. After the investigation, they will present you with your options.
If an attorney tells you at the initial consultation that the case should be won or that you are definitely guilty, seek another opinion.