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5 Questions Your Attorney Will Ask You After Your DUI

You have been arrested for a DUI and are meeting with your attorney for the first time. What types of questions should you expect?

How Much Did You Have To Drink?

Your DUI defense attorney will probably use a scientific method called “Widmark’s Formula,” to find out if the amount you had to drink was in fact enough to produce a reading over the legal limit. To be even moderately accurate, your lawyer will need to know the amount of time you spent drinking and type of alcohol consumed, as well as other vital facts, such as your body weight. Your lawyer can use this evidence in court to cast doubt on the results of the breath test machine.

Why Did the Officer Stop You?

There needs to be a valid reason why the officer pulled you over, and it must be proved in court if challenged by the defense. Americans have the right to travel free of unjustified police interference, which means random stops by police and stops based on a hunch are illegal.

Did You Take a Breath Test?

The police use breath test machines to help them decide whether or not to make DUI arrests.  This test is typically given roadside at the time of the arrest and results are used for probable cause.  

By law, you do not have to take the portable test. But, the law states if you refuse to take the test you will be charged with a civil violation at the Rhode Island traffic Tribunal.

Did You Take A Field Sobriety Test?

Field sobriety tests, such as reciting the alphabet, picking up coins, and answering trick questions are types of field sobriety tests. Refusing to submit to the tests will probably not prevent your arrest, and the officer’s subsequent suspicion may even get you arrested faster.

Most of these tests do not represent a scientific measure of intoxication and there is no research to justify their use. But, there are three sobriety tests that have been approved by the Federal Government for use by police and determined to be empirically related to blood alcohol levels . They are: the Horizontal Gaze Nystagmus, the “One-Leg Stand” and the “Walk and Turn” tests.

Did The Officer Read You Your Rights?

If the arresting officer failed to read you your Miranda rights, the effects will depend on the specific facts of your case.

Most people are willing to waive their right to remain silent and answer questions, assuming that their cooperation with the officer it will help their case. However, by asking questions the officer is doing his job to find more evidence to incriminate you. You have the right not to answer any questions, and your silence cannot be used against you as evidence of consciousness of guilt.

Attorney Archambault understands the anxiety individuals experience when facing criminal charges. Therefore, he takes the time to meet with his clients to explain the charges and discuss the strengths and weaknesses of their case. Schedule a complimentary consultation to discuss your case with Attorney Archambault.