Do People Hide Information about Their DUI Arrest Out of Embarrassment?
Interviewer: Do you find that with, especially for the older folks that it could be a little bit of an embarrassing ordeal? Do you ever find that clients tend to keep information from you or they just don’t tell you information that you should know?
Aaron Bortel: Yes, that happens all the time. I do tell clients that the more I know the better I can defend them. Some will just tell me every single detail and usually the ones who remember the details better have a bit of a lower blood alcohol level.
Some people barely remember anything that’s because they either have a poor memory or it was a while ago when it happened or they a lot of alcohol and to remember.
Heavy Alcohol Consumption Can Affect Your Memory
One of the things that happens when you get really drunk is you don’t necessarily remember what happened. I see a lot of that, but I don’t like surprises. Over the years I continue to get surprised by clients who don’t tell me things later.
If I have a client or if I’m interviewing someone to potentially take their case and it’s very clear that they don’t want to tell me things that I think are important to defending their case—I may tell them I may not be the right attorney.
It Is Important to Share all Details about the DUI Investigation and Arrest with Your Attorney
I think it’s very important for an attorney to know as much as they can about what happened during the stop and arrest. This is because the attorney was not there. The client was there; the officer was there. All we have is a police report that we usually get after we meet with the client for the first time.
Sharing what happened from before the police stop, the verbal exchange with the police officer,and the questions that were asked—all those details are crucial to the defense. It’s very important for us to know all the facts and circumstances when we defend someone on a DUI case.
Do Different Age Groups Have Different Misconceptions about a DUI Investigation?
Interviewer: Do younger drivers have different misconceptions about the field sobriety tests than the older drivers do?
Aaron Bortel: I think most people are pretty honest about how they feel they did on the tests. Most people will tell me either that they did horrible or they did okay or they did excellent. Then, a lot of people will say I passed the test and only when they brought out that machine was there any indication that I was at or over the limit.
I actually wouldn’t say that one age bracket is much different than another. I represent people of all ages and in different economic brackets. I would not put a label on that. I just don’t think it’s fair to put a label on it. Everybody’s different and the ages don’t make a difference.
By Aaron Bortel
Get your questions answered - Call Us 24/7 For a FREE Case Evaluation (415) 523-7878
- How Defensible Is the Performance of the Field Sobriety Tests?
- Is There One Field Sobriety Test More Frequently Administered Incorrectly?
- Will a Stop by Law Enforcement Always Be Video Recorded?
- Field Sobriety Tests During A DUI Investigation In California
- What Is the Scientific Relevance of the Field Sobriety Tests?