Top 10 Questions Your Sarpy County DUI Attorney Needs to Ask You

If you have recently been arrested for a Sarpy County driving under the influence, or DUI, charge you will undoubtedly retain the services of an experienced Nebraska DUI attorney to represent you throughout the prosecution of your case. If you have never had need of a criminal defense attorney before, the entire process may be a bit intimidating. Specifically, you may feel a little awkward answering some of the questions your attorney may ask you. Rest assured that these questions are pertinent to you case and will help your attorney prepare the best defense possible. Knowing some of the likely questions your Sarpy County DUI attorney needs to ask you ahead of time and the reason why the answer could be important may help you prepare and will eliminate the element of surprise.

1. What was your itinerary was prior to arrest? Did you eat anything? Were you drinking just prior to being pulled over? This can provide information that may help explain the rate at which alcohol was metabolizing in your system. The answers could point to a rising alcohol level defense. It may also point to potential witnesses.
2. How much alcohol or drugs did you consume prior to arrest? This question must be answered thoroughly including the type of drink, the time you started, and when you stopped.
3. What were your observations of the officer? How the officer acted can be an indication of how the officer will react when questioned at trial.
4. What was the officer’s stated reason for stopping you? The law requires a valid reason to stop a motorist. If one did not exist, any evidence obtained from the stop can be excluded from trial.
5. Did the officer ask you, or order you, you to take roadside tests (field sobriety tests)? If so, how did you perform? Although officers often order a motorist to perform these tests they don’t actually have the authority to do so – you can refuse. The officer may claim you failed them but your opinion of how you performed is relevant as well.
6. What were the results of breath or blood tests? The results can impact the seriousness of your charges.
7. Did the officer observed you for 15 minutes prior to a breath test? The law requires a 15 minute observation period prior to a breath test. Failing to use proper procedure can invalidate the test results.
8. Did you request a blood test, at your own expense, after submitting to a breath test. You have a right to request a blood test which is more accurate than a breath test in most cases.
9. Did you make any statement to the officer? For example, did you admit to drinking alcohol or using drugs?
10. Were there any witnesses to your arrest? A third party witness can be invaluable if you are contesting the reason for the stop or are challenging the FST results.

Thomas M. Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

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