The ABCs Of DUI Defense: A guide for those arrested
by James Farragher Campbell, ESQ.

About The Author
Forward | Introduction | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4

CHAPTER 5: HOW CAN I HELP IMPROVE MY DEFENSE?

The fact you retained an excellent DUI defense lawyer does not relieve you of your responsibilities in your defense. Remember, a good lawyer will want you to become actively engaged in your case. Now it is time for you to start.

The first thing to remember is that you are not a lawyer. Do not attempt to acquire a legal education overnight or during the course of your case. You will, no doubt, learn a great deal about the criminal justice system before your case is over, but please do not look upon it as your job to become as knowledgeable about the law of DUI defense as your lawyer. That does not help your defense.

What can, and should you, do?

Since you do not have to worry about working on the legal issues (that’s what you hired a lawyer for), you can focus upon being a real ally to your lawyer, and hence, your case. Any and all documents relating to the case which are in your possession should be disclosed to your lawyer. You should be candid with your attorney on all the facts which even potentially may impact your case. If you were involved in an accident and are insured, it may be a good idea for you to inform your lawyer of all the specifics relating to your policy, including your agent’s name and contact number.

Always remember to be in court on time. This probably sounds like such a simple thing, but you would be amazed at how many judges get upset when a case is called on the court calendar and the lawyer has to ask that the matter be passed until the client arrives. This may seem to be a minor inconvenience for the court, but some judges will actually issue a bench warrant for your arrest, or the judge can drop you to the end of the calendar call. This means you will not get your case called until close to noon on the morning calendar. Not good.

You should, of course, never miss a court date unless you are informed by your lawyer’s office that your appearance is excused.

What should you wear to court? This is a question often asked. The answer is simple. Come to court as you would for any important meeting or event where you want to make a good impression.

Co-operate with your lawyer’s office as completely as possible.  If you are being kept well-informed by your lawyer, then you know that all that can be done is being done on your behalf.

The psychological impact of being arrested and charged with a DUI can easily lead to depression and confusion.  Do not permit this to affect your decision of which attorney to hire, the attorney-client relationship and, most importantly, your defense.

It is important to accept the reality of what has happened to you.  Rightly or wrongly, justly or unjustly, you have been arrested and charged with a crime.  Clear and calm thinking will help you to take whatever steps are necessary for you to put yourself at ease.

Your lawyer will send you a copy of the complaint, the charging documents, and explain all of the charges against you and what it all means. Anything you do not understand, ask to be explained until you do understand.

The lawyer will also send you copies of all police reports and all DMV reports. You should read and review all of these documents carefully.

Some DUI defense lawyers, such as our firm, will ask you to complete a very extensive case questionnaire which covers all aspects of your case.  It is important that you take the time necessary to properly complete the questionnaire as accurately as possible.

Most good DUI defense lawyers will also have a good support staff trained in DUI court and DMV procedures. They can be a great resource to you for daily information and updates on your case; don’t be afraid to ask them questions. They are there to assist the attorney in providing you the most efficient defense.

Your willingness read this book demonstrates your commitment to your defense. You have already taken the first productive step at ensuring successful representation.

Keeping the information that you received in this book in mind; balanced with the totality of circumstances surrounding your case; you should now have a good starting point to select defense counsel. And once you have selected a good DUI defense attorney, you can rely upon their skill and knowledge in raising and litigating all the favorable legal issues in your defense. You are now ready to understand and assist in your defense.

Good luck!

back to top