If you've been arrested and charged with DUI, you're going to need an attorney. While there may be some legal issues that can be taken care of without an attorney, a DUI is not one of them. This is particularly true if you're looking at a felony conviction. In order to receive the best legal defense possible, you'll need to work closely with your attorney. When you sit down with your attorney, it's crucial that you be honest and upfront about your situation. To properly defend you, here are four things that your criminal defense attorney will need to know.
Do You Have Any Prior Convictions?
You might want to forget about your past convictions, but that's not going to help your present case. Even if you don't tell your attorney about the prior convictions, the prosecuting attorney is going to have the information in front of them. That will give them the upper-hand when it comes time to go to court.
The prosecuting attorney is going to try to use all your past convictions against you when it's time to go to trial. If you're convicted of the offense, they may also be able to use your prior convictions to increase your sentence. If you have prior convictions, you need to share the details with your attorney – even if the convictions were for minor offenses.
Did Anyone Witness You Drinking?
This is important. If there are people who witnessed you drinking prior to your arrest, you need to give that information to your attorney. Be sure to provide names, addresses and phone numbers for anyone who saw you drinking. The prosecution will be looking for witnesses against you. However, you can use the same witnesses to dispute the time span in which you were drinking, as well as the amount of alcohol you were consuming.
What Questions Did You Answer?
The fifth amendment gives you the right to remain silent when you're arrested. Unfortunately, not everyone takes advantage of that right. If you answered questions after your arrest, you need to let your attorney know what those questions were. You also need to share the answers with your attorney. If you can't remember what questions were asked, or how you answered, you should share that with your attorney, as well.
Did You Perform a Field Sobriety Test?
If you performed a field sobriety test when you were pulled over, your attorney will need to know that. This is particularly important if the patrol car had an on-board camera. The video will be able to show the results of your sobriety test. Even if you think you failed the test, your attorney will need to view the video.
If you've been arrested for DUI, don't take chances with your future. Sit down with a criminal defense attorney, such as Attorney John F Obrien, as soon as possible. Remember to be open and honest with them.Share