1. Write A Detailed Narrative Of The Incident.
Defenses rely on specific facts, but memory begins to fade immediately. It is really, really important to immediately write down an honest account of what happened and include everything leading up to the initial encounter with Sonoma County law enforcement and during and after. Defenses are in the details, and also, later testimony is more credible in front of a Sonoma jury or the Santa Rosa DMV hearing officer if you remember more than only the facts which establish a particular defense. The more details you remember, the better the chances of identifying defenses, appearing more credible, and winning a case in Sonoma County.
It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality. Write "confidential attorney-client communication" at the beginning of the narrative and send it to your Santa Rosa DUI lawyer during the first two weeks following the arrest.
Who, what, where and when.
You can begin to see why this Tip for how to write your narrative is so extensive if you review Ten Tips to Fight a Sonoma County DUI, on this site and understand that we are trying to find the facts which establish one or more of the many ways to defend a DUI. So in your narrative of what happened, Sonoma County DUI attorneys want you to focus on the who, what, where, and when. Where had you been prior to driving, at what times, when did you arrive at the last stop? Who were you with, and who saw you leave? When did you leave there? (Always include how you recalled each time: was it at last call? 10 minutes after closing time? Do you remember looking at your watch or someone remarked on the time? Time stamp on a bar receipt? Credit card record? Cell phone record?).
Include for your DUI lawyer how was the traffic and what was your route of travel in Sonoma County, when and where did you first see Sonoma County law enforcement, precisely when did you see red police lights or otherwise believe you were no longer free to leave, specific words exchanged, why were you pulled over, or if you were already stopped or parked then why, and precisely when and where did you stop (include how you recall the time), whether it was a deserted or busy area? Who was with you before and during the arrest.
Finally, include seemingly irrelevant recollections such as your clothing, the weather, and how you were feeling that day may be useful information for your Sonoma County DUI lawyer. Who was the arresting agency (Sonoma CHP? Sonoma County Sheriff? Sonoma State University police? Sebastopol, Healdsburg, Cotati, Rohnert Park, Santa Rosa, Cloverdale police or another local agency? A "turn over" to CHP or other combination of Sonoma County police agencies?).
Vehicle accidents.
If you were in an accident in Sonoma County, your DUI attorney will want you to include in your narrative details such as location, who was at fault, who phoned for help, precisely what time of day or night did the accident happen (check and keep phone records and receipts), who arrived at the scene first, how long did it take for the first witness or police to show up, how many Sonoma County police or emergency agencies were finally present, did you see any injuries, was the accident scene rural or in town, deserted or were there people or cars passing by, did the police engage traffic diversion procedures, road blocks, etc.
Eating, drinking, medications.
Include a description of any medications you were on and/or physical or mental conditions you may have. Include a description of your eating and drinking (including drinking while driving and/or especially drinking after driving), where, what, how much, and actual time of start and finish for each meal and for each drink, duration from time of last drink to time of driving to time of first Sonoma County police contact and from time of driving to time of blood and/or breath tests, location, estimated time, and results of each breath or blood test.
Field sobriety tests.
A good DUI attorney will want you to include a description of each field sobriety test which you performed. These typically include the eye exam (follow a finger or pen with your eyes), walk and turn, and one leg stand (raise one foot 6 inches and count out loud). Others may include the modified Romberg balance test (feet together, head tilted back, close eyes, estimate 30 seconds), finger to nose with eyes closed, finger tapping, hand clapping, and reciting or writing the alphabet.
You may click on the following link and watch a video of actual field sobriety tests administered in a real DUI arrest, Serious DUI Video of Standard Field Sobriety Tests, to refresh your memory and then write down these or others which you were asked to perform. Include what the Sonoma County law enforcement officer said to you before and after, whether the officer told you that you did not have to complete them, whether s/he demonstrated each test prior to asking you to perform them.
If drugs are part of this case (legal or illegal) then include dosages prior to the incident, any prescriptions or recommendations, and whether during or after the arrest the Sonoma County law enforcement officer took your pulse or other vitals and/or held a card to your face to measure pupil size or examined your body in any way.
Enjoy a Stress Break with Funny Videos of Field Sobriety Tests: CLICK HERE
Post-arrest breath and blood testing.
Include in your narrative what you were told by Sonoma County law enforcement at each stage of your encounter, and how you responded or reacted. Indicate precisely what the officer said regarding breath and then blood and urine testing, and if you provided one or more breath tests, did the Sonoma County law enforcement officer inform you thereafter that you have a right to a blood test. State whether you ingested anything just before a breath test, such as alcohol, mouthwash/mints, chewing tobacco, smoking, food. Also include information if you suffered reflux, belching, or you were physically ill at or just before a breath test.
Documents and evidence.
Include documents you were handed during or after the arrest (of course, keep everything). Include a description of any physical evidence of recent alcohol consumption which may have been in your vehicle (especially if you drank after driving but prior to police contact) such as half-empty beer cans in the car, empty liquor bottles, receipts from stores or bars or restaurants, etc. If such evidence exists, make sure you keep it, or if it's already gone, then describe it in detail including names of anyone who may have seen it.
Ask friends, bartenders, store clerks, and other witnesses now if you don't remember certain details. Their memories fade quickly too.
If you believe you have a substantial defense, then any good DUI lawyer whom you work with will want a full description of the details and the circumstances of the defense, and any witnesses, including their phone numbers. It is easier to get contact information to your DUI attorney now rather than two months from now.