DUIDWI Defense Gary Wood DUIDWI Defense The Client

DUI/DWI Defense Gary Wood

DUI/DWI Defense • The Client Interview • The Administrative Driver’s License Suspension • The Criminal Prosecution

The Client Interview • DUI Client Questionnaire • Client Expectations • Plan of Action

The Administrative Driver’s License Suspension • The Hearing Request • Basis for the Suspension • “Per Se” Suspension –. 08 percent • Refusal to Submit to Test

The “Per Se” Suspension • Evidence of Driving • Probable Cause to Stop, Detain, and Arrest • Implied Consent Provisions Advised • Requirements Followed • Results of Test

Refusal to Submit to Test • Did the officer have probable cause to stop and detain the client • Did he have probable cause to arrest • Was a lawful arrest by an authorized officer made—prior to the refusal • Was the client informed of all material implied consent provisions

Refusal to Submit to Test • Did the client's words and/or conduct legally constitute a refusal • Was the client physically unable to comply with the request • Was the client's understanding of his obligation to submit to testing impaired • After initially refusing, did the client later agree to submit to testing

Elements of the Offense • Driving or Operating or Being in Control of a Motor Vehicle • On a Road or Highway or Anywhere Within the State • While Under the Influence of Alcohol

The Criminal Prosecution • • • The Stop Probable Cause The Arrest Plea Negotiations Trial

The Stop • What did the officer observe • Was it a crime • Was the offense consistent with intoxication

Probable Cause • What were the officer’s observations • Did the officer conduct field sobriety tests • Gaze Nystagmus Test • Walk-and-Turn Test • One-Leg Stand Test

The Arrest • Was there an arrest • What time was the arrest • Where was the client taken following the arrest

Plea Negotiations • The Client • Employment • Family • Education • Community Involvement • Pre-Plea mitigation • Assessment • DUI School • Victim’s Impact Panel • Treatment • Community Service • Ignition Interlock

Trial • The Evidence • Your client as a witness • Expert Witnesses

DUI/DWI Defense • Don’t Delay • Know the facts • Know the law