Not all DUI cases are created alike: how to know if your case is off to a good start.
Who is the Police Officer?
This is probably the most important question you can answer to evaluate the potential strength of your DUI case. Every Police Officer has a different level of experience they bring to the table when conducting a DUI arrest. Some Officers conduct very few DUI investigations, others do several DUI arrests within one week. Also, every Officer has a different style in the courtroom, and its crucial to know how the Officer may testify in front of a Judge or Jury.
Did you blow into the breath machine or refuse?
Giving the government a breath reading above a .08 puts your lawyer at a disadvantage from the very start, yet does limit the time of the suspension of your drivers license at the Department of Motor Vehicles. If you have blown in the breath machine over a .08 your lawyer must be familiar with the intricacies of the Intoxilyzer 8000 in order to determine whether the breath result is admissible in a trial. A refusal case is generally more advantageous from the start, although your lawyer must be able to adequately explain to the jury why you refused to blow.
Who is your Judge, who is your attorney, who is your prosecutor?
Its no secret that every Judge is different, as is every relationship between attorney and Judge and prosecutor. Its important the client understand the different styles and strategies to employ in front of different Judges. For example, some Judges may prefer the Defendant to complete Alcoholics Anonymous classes, or participate in some kind of rehabilitation program. Some Judges may sentence a client to jail after a guilty verdict, and others may not. These are crucial differences and the answers to these questions could help you determine the likelihood of winning your case.