If you've ever been arrested for a DUI, have you noticed that you're getting hit with a hoard of questions related to where you were and how much you weigh, what you ate, how much you had to drink, and so on and so on and so on. What the police are doing is trying to build a case — right from the beginning — for the prosecutors to prosecute you for the DUI.
That's why when you sit down with your DUI attorney, really get a feel for what type of information they took from you and how they might use that.
Because an attorney, if they've done any DUI trials, knows exactly how the prosecutors will use that information.
Proving You Could Not Safely Operate a Motor vehicle
What they're trying to do is trying to establish the elements of a DUI offense and the fact that you could not safely operate a motor vehicle.
They're trying to help their expert when their expert testifies about what your blood alcohol level was at the time of driving.
Factors like how much you ate, what you drank, when you stopped drinking, what type of drinks you were drinking, your body weight, your height — these are all important details. The expert is going to need these facts in order to properly evaluate what your blood alcohol level was at the time of driving.
As you probably know, they're not getting your blood alcohol level at the time of driving, typically, unless they've got a checkpoint there.
Then it's going to be closer to the time of driving, but most of the time, it's going to be anywhere from a half hour, forty-five minutes to an hour — even longer sometimes — before the police are actually taking your breath at the police station or taking your blood at the hospital or police station.
Then the question becomes, how they are going to figure out what your blood alcohol level was at the time of driving.
Who cares what it was at the police station. You're not doing any driving at the police station. You did your driving on the highway.
These are important considerations when it comes to a DUI and it's crucial that your DUI defense attorney knows the answer to a lot of question on your end as well.
Reviewing the Details of Your DUI Situation
When I sit down, I'm asking the client how much they drank, what they drank, when did they eat, did they drink on an empty stomach — because I know what the prosecutors are going to be looking at when the read the police report.
So, it's important for me to get that information as soon as possible so I can start the process and think about if you have a certain blood alcohol level, whether that really makes sense based on your height, your weight, how much you told me you had to drink, what you ate and what I know from twenty-five years of defending DUI cases in the Los Angeles courthouses.
So, these questions they're asking you are very important. Obviously, if you're reading this page and looking into DUI's, you probably have a DUI already versus you're not trying to prevent a DUI from actually occurring. S
o, if you've got a DUI, then you have a feel for what type of questions the police asked you, and bet your bottom dollars, they're going to try to use all of those questions to piece together a case against you. They're trying to help the prosecutor piece the case against you.
They're trying to help the expert and they're trying to help themselves, because when they get cross-examined by the defense, the police are going to want to point to some of the things they saw that made them think you were DUI.
For example, if they ask you where you came from and you tell them you came from a bar and they ask you how many drinks you had and you tell them you had five drinks, they're already off to a good start in proving that you've drank alcohol. There's a good chance you're intoxicated and really shouldn't be driving.
So, that's why they ask you all those questions at the time of the arrest.
That's why they're asking you all those questions when they book you. They're trying to build their case right from the beginning.
These guys are trained in how to properly investigate and get the evidence in order to prosecute somebody for a DUI.
That's why you need your DUI defense attorney to counter-act them and get some defense information to the prosecutor and judge — and to a jury if necessary — in order to properly defend you.