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Instructions to Citizens Accused of DWI

Successfully defending a DWI charge is a team effort, requiring contributions from both you and your attorney. Here are a few things you can do early in the case – before you ever even hire a lawyer – that may significantly improve your chances of successfully defending the case.

Submit your ALR Request Form. This form, to be submitted to the Department of Public Safety, serves several functions. First, it alerts DPS of your desire for a contested hearing on the administrative license revocation. If you do not file the request within fifteen days of your arrest, DPS will automatically revoke your license forty days after the arrest. Second, if this is your first arrest for DWI, this form will stop the suspension from taking effect until a hearing is held, even if that hearing is scheduled more than forty days after your arrest. Third, submitting this form will give your lawyer important tools that he or she can use in defending your DWI criminal case. The sooner you submit this form, the better. Hearing dates are scheduled in the order the requests are received, and an earlier hearing is always better. More information on the importance of the ALR hearing to your defense can be found in the Articles section of this site. This form can be submitted by fax or by US Mail. A copy of the ALR Request form, along with mailing and fax instructions, can be found in the Forms section of this site.

Get documentation of medical conditions. If you have any medical condition that may have contributed to your stop or arrest, call your doctor and arrange to get copies of medical records relating to this condition. If possible, ask your doctor’s office to provide a self-proving affidavit along with the records. A copy of the Self-Proving Affidavit that your doctor’s office can fill out, can be found in the Forms section of this site.

Medical conditions that you should document include:

• Diabetes
• Head injuries
• Knee or leg injuries
• Recently prescribed medications
• Inner ear or other conditions affecting balance
• Any conditions affecting speech
• Contact lens prescriptions

When you meet with your lawyer, provide him or her with these documents. If you don’t have the documents yet, let your lawyer know that you have ordered them.

Write down everything you can remember about the stop and arrest. Sometimes even a small detail can make the difference between a defensible case and an indefensible case. When you have a few minutes, write down every detail you can remember about the stop and arrest. Why did the officer say he or she stopped you? What did he or she tell you about the consequences of taking the breathalyzer test? Were you given any field sobriety tests? If so, which ones? And how did you do on those tests? Were you videotaped during the stop? Were you videotaped when you arrived at the police station? What were the road conditions like at the site of your stop? What was the lighting like? How was the footing in the area where you were given field sobriety tests? Was it on a slope, or flat? Was it good pavement, or filled with cracks and potholes? How much sleep had you had the night before? All of these are details that may help in your defense. Writing them down in advance of talking to a lawyer may make it easier to remember everything, and may help ensure that you tell the lawyer everything that can help your case.

Write down the names and phone numbers of any witnesses. If you were out with friends before your arrest, their testimony may be helpful in preparing your defense. Don't interview these witnesses yourself, but write down their names and phone numbers for your attorney. Let them know that your attorney may be calling, and ask them to cooperate with him or her. Be careful not to discuss the facts of the case with these with witnesses, as it may taint their testimony.

Gather your paperwork.If you paid for your drinks with a credit card, it may be helpful for your lawyer to have a copy of the receipt. If you still know where your copy is, put it aside and bring it with you when you meet with a lawyer. Gather together any other paperwork related to your case, including all the documents you were given when you were released. Bring all of these documents with you when you meet with a lawyer.