Someone who has been arrested for driving under the influence would not want to talk about the case to anybody. The attorney would want to minimize their contact with any law enforcement, prosecutors or even insurance adjusters so they would try to run everything through the attorney’s office.
We want the attorney to be the spokesperson for the person, so most of the time, in a regular DUI case, law enforcement officers would not contact someone they arrested. If there are extenuating circumstances such as an accident, then there might be an additional investigation so the person who was charged with the crime would not want to discuss the matter with the police. They would want to contact their attorney and tell the law enforcement officers that they have an attorney so they are choosing to remain silent and have the attorney answer any questions for them.
The person cannot really cooperate with the law enforcement so the best way would be to just do it through the attorney’s office. This way the person is protected from making potentially incriminating statements.
The person would have an obligation to work with their own insurance company, but that is something that could be done through their attorney’s office as well.
Should the Person Disclose Information to Their Attorney about Past DUIs?
It is important for the person to work with their attorney through the DUI process. The attorney would not divulge confidential information that may be harmful because of the attorney/client privilege, so it would be best to get all the information to the attorney.
People often do not realize how far a DUI case would reach as far as how it could affect work or international travel. The client should also make sure the attorney is aware of any potential defenses to a case. Potential defenses could be legal defenses, factual defenses, and scientific defenses. A lot of times medical conditions can affect a DUI case with regards to the ability to drive, operate a motor vehicle, and perform standardized field sobriety tests. Many do not know that the way someone does on field sobriety tests can be affected by mental or physical medical conditions.
Should The Person Refrain from Alcohol or Drug-Related Activities?
We always want to make sure that people do not get arrested at all, but if someone did get arrested for driving under the influence, we would want to make sure it was a once and done thing, and that they would not be coming back with a second or third DUI or any other potential offenses. If someone made a mistake or got stopped for a DUI and it was a one-time thing, then that is all it would ever be.
However, sometimes people do get into trouble again, so we try to make sure they take the steps necessary to avoid any further contact with law enforcement, especially when the case is pending or they are on probation. It can affect whether someone stays out of custody, because if someone got charged with a new offense, then they would probably be going into jail and would be trying to fight two cases from jail rather than just one from out of jail.
We try to make sure there is no drinking and driving or using drugs and driving. We want to make sure there is nothing like illegal drug use. We also try to make sure that any drinking that does happen is done in a responsible location and at a responsible time because we want to ensure we always put the best case forward to get the very best possible result in a case.
Should the Person Attend Any Functions, Information Sessions, or Classes?
It is important to follow the attorney’s advice when dealing with a DUI case. There are often particular nuances in a courthouse or in a courtroom that can make the difference between winning or losing a particular case. An attorney may recommend for someone to get started with Alcoholics Anonymous (AA) meetings before the case has even begun.
The attorney’s recommendations might be based not only on the individual’s particular case, but also on that attorney’s knowledge of a courtroom and the particular habits of the bench officer, the judge, or the commissioner. If the attorney recommends that the person attend AA meetings, then that is what they should do and keep track of it.
The attorney might also recommend more serious therapy like inpatient or outpatient programs, but the client should remember that all recommendations would be based on that attorney’s experience and knowledge, and the particular facts of the case. It can definitely help a case to put it in the best possible light and it could harm the case if they did not do that.
The attorney might recommend putting on an ankle monitor to test for alcohol or a SCRAM anklet, which is the “Secure Continuous Remote Alcohol Monitor” ankle bracelet. They would not ask the person to do it just because they thought it would be an interesting thing to do, but because it would be something that could help the case or hurt it if they did not do it, so it would be better to follow the attorney’s advice on attending classes or meetings.
For more information on DUI Classes or Programs, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.
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