Defense of a Charge of DWI
While some of the information obtained on this interview form may appear irrelevant, there may be some fact or circumstance that could ultimately help you in the defense of your case. This information is protected by attorney client privilege and is confidential.
If you are serious about defending your DWI, record this information while it is still fresh in your memory. Please answer the questions as truthfully as possible; do not guess at an answer (approximations are fine, but not as reliable). The results depend on your truthfulness. Write your questions on the last page. This form is in addition to our Municipal Court Questionnaire.
Please start by filling out our Municipal Court interview form for us to obtain basic information. Thereafter, Please fill out this more detailed Confidential DWI Interview Form and email back.
Name: ________________________________
Is English your first language? ☐Yes ☐No
If not, what is your primary language?____
Was this a DWI ☐ or refusal ☐
Alcohol ☐ or drugs ☐
Was there a breath test? ☐Yes ☐ No
What were the results of the breath test?__________________
Confidential DWI Q Interview Form
Was the breath test conducted? ☐ Roadside ☐ Police Department ☐ Both
Was a blood test or urinalysis performed? ☐Blood test ☐Urinalysis
Where were the toxicology tests performed? ☐Hospital ☐Police Laboratory
What were the substances and levels of those tests? ____________________________________________________
Was there a motor vehicle accident? ☐Yes ☐No
Was there airbag deployment? ☐Yes ☐No ☐ NA
Did you lose consciousness? ☐Yes ☐No ☐ NA
Did you suffer a head injury? ☐ Yes ☐ No ☐ NA
Were SFST’s –Field Sobriety Tests performed? ☐Yes ☐No
Were any of the following of consequence in the performance:
➢Flashing lights ☐ Yes ☐ No
➢Headlights ☐ Yes ☐ No
➢Uneven ground ☐ Yes ☐ No
➢Debris ☐ Yes ☐ No
➢Wet Surface☐ Yes ☐ No
➢Icy Surface ☐ Yes ☐ No
What time do you usually awake in the morning? _______________
What time did you wake up that morning? ________________
source http://www.dwi-expert.com/wp-content/... [Dr. Gooberman is a well known expert who can be hired to testify]
Height: _______________ Weight: ______________________
Other Tickets or Charges received with this DWI (check all that apply):
Failure to Maintain Lane
Speeding
Illegal U-Turn
Running Red Light or Stop Sign
Defective Equipment
No Proof of Insurance
Failure to Yield
Other (Please specify below...)
Please specify other charges not listed above:
Analysis Questions -
Probable Cause:
Did the officer see you driving, or if s/he did not, did you admit to driving a vehicle?
If you did drive, what route did you take and where did your trip begin and end?
Was anyone in the car with you, or traveling with you but in another vehicle?
Describe the weather conditions, road conditions, lighting, and traffic along your route.
What was the time of arrest?
Did the officer have a valid reason for stopping you in the vehicle?
What did the officer indicate to you as the reason for the traffic stop or contact with you?
Speeding
? Weaving?
Involved in Accident?
– No Injury to Anyone
Involved in Accident
– Injury to at least one person
Roadblock/Checkpoint/
Unknown
/He/She didn’t tell me
If none of the above apply, please indicate the reason for the stop of your vehicle or contact with you?
Analysis Questions-Reasonable Cause to Arrest:
What did the police say to you when they stopped you?
What did the police ask you while you where in the car and everything you said to them. Use another page if needed because these details are important to a Suppression Motion.
Did they ask you to exit the car?
Do you recall exiting your vehicle?
Did you walk to the front or back of your car?
How long did you stand in one place?
Did the police find any alcohol bottles, drugs, containers or other such evidence in your car?
Did you take any field balance/coordination (field sobriety tests - FST's) tests prior to being arrested and handcuffed?
If so, did you pass or fail?
Were you ordered, or did you do the field sobriety tests voluntarily?
Did you tell the officer you were under the influence of drugs/alcohol when operating the vehicle?
Do you have any physical issues that would affect your ability to do balance tests?
If you have physical issues, physical problems please explain:
MEDICAL ISSUES or PHYSICAL PROBLEMS
Were you suffering from any physical problems or past injuries at the time of the arrest?
If so, what parts of body?
Please Check
Explanation of physical problems or old injuries:
