Kasich Law Offices
This form is for use by persons who have recently been charged in Indiana
with driving while intoxicated, operating while intoxicated, driving under
the influence, breath or blood test refusal, or any similar alcohol and
driving related offense.
These questions are offered as a public service to help you make notes of
the events that happened. Take this information to your attorney when you
meet with him/her the first time. Keep this information absolutely
confidential
1. Describe where you were during the time(s) you were drinking:
When and where did you last eat:
When and where did you start drinking:
What type of drinks [beer, wine, hard liqour] were you drinking:
What time did you take your LAST drink:
Do you remember anybody who would have observed you when you were drinking:
2. Give your physical description:
Age:
Sex:
Height:
Weight:
How old were you when you first started drinking:
How often do you drink:
What were you wearing:
Shoes:
Shirt:
Jacket:
Hat:
3. Do you have any medical or physical problems with:
Your eyes:
Your face:
Your lungs or the way you breathe:
Your balance and/or coordination:
4. Regarding your driving record:
Do you have any previous drunk driving charges (Where, When, Sentence):
Any previous driver's license suspensions:
Any other criminal record:
Any criminal charges pending:
Have you ever been a driver in a motor vehicle accident:
Did you have automobile insurance at the time of your arrest:
5. What are you charged with:
DWI/OWI/DUI:
Failure/Refusal to blow into a pocket breath machine:
Failure/Refuse to provide a breath, blood, or urine sample at the Police Station:
6. Did the police officer see you driving?
Describe where you were at the time of the traffic stop, including streets and city names.
What was the speed limit?
Where were you coming from?
How far had you driven before the stop?
Where were you going?
Was there anything unusual about your driving? Why?
When and where did you first see the police officer?
What drew your attention to the police officer?
How far did you go after you first saw the police officer?
What did the police officer do to stop you?
Was there any construction on the road? IF SO, HAVE SOMEONE TAKE PHOTOS IMMEDIATELY!
What time was the stop:
Were you stopped at a roadblock? If so, describe the situation including what each officer was doing:
Can the police prove that you were driving?
7. Was there an accident?
When and where did you first see the other vehicle or obstacle that
you collided with?
What drew your attention to the other vehicle?
Were you injured?
Did you stay in the car or did you get out?
Did you talk to others at the scene?
When did you first see a police vehicle?
How did the police approach you?
Did anyone take photos of the accident?
What did you say to the other drivers or witnesses?
Was anyone injured?
Time of the accident:
Can the police prove time of the accident? How? Was there a witness
who noted the time?
Who can give evidence for you about the accident?
Who can give evidence against you about the accident?
8. Do the police say you were in "care or control" of the
vehicle ?
Were you seated in the driver's seat when the police approached you?
Time:
Where were your buttocks?
Where was your head?
Where were your hands?
Where were your feet?
Did you get out of the car before the police approached you?
Where were the keys?
Was the engine on or off?
Was the transmission in park or in gear?
Were the headlights on or off?
Was the radio on or off?
Was the heating/air conditioning on or off?
9. Where was the police officer when they first saw you?
Did the police have a video camera at the scene?
Did the officer come up to the car window?
Time:
Did you roll the window down before or after the officer approached?
Was anyone else in the car? Where? Had they been drinking?
Were there any alcoholic beverages open in the car?
10. What did the police officer ask you to do?
Did the officer ask you to produce your ownership and driver's licence?
Did you do it without fumbling?
Did the officer ask you to get out of the car?
Did you lean on the car?
Time:
Did you have any trouble walking? Why?
Did the officer ask you to perform any roadside physical tests?
What did he/she ask? How did you do?
Did the officer ask you if you had been drinking?
11. Did the officer require that you blow into a small breath machine at the scene of the stop?
Did the officer read something formal to you from a notebook card?
What did he or she say:
Did the officer pull a fresh mouthpiece out of a sealed bag?
Did the officer look at the mouthpiece?
Describe the machine. Did it have coloured lights or a digital display?
Do you know what the make of the machine was?
Did the officer show you how to blow?
Did you try to blow or did you stick your tongue in the mouthpiece?
How many tries?
What light came on or what did the digital display show?
Did the officer complain that you weren't blowing hard enough?
Did you get a warning about not blowing hard enough?
What happened next?
12. Were you placed under arrest?
Did the officer say "I am arresting you for ....." Where were
you and time?
What did they arrest you for?
Did the officer say "I require that you accompany me for ...."
Where were you and time?
Did the officer make a formal breathalyzer demand from his/her notebook?
Were you told that you have the right to retain and instruct counsel
without delay? Where were you and time?
Did you understand that counsel means a lawyer?
Did you have any trouble with the language spoken by the officer? Did
you need an interpreter?
Were you told you could telephone a 24 hour duty counsel? Where were
you and time?
Did you say then (at the scene) that you wanted to consult a specific
lawyer?
Did you say then (at the scene) that you wanted to consult duty counsel?
How did the officer respond?
Could you have telephoned from the scene? Was there a phone nearby?
Did you know the number of a lawyer? Would the officer have let you?
Did they caution you that you did not have to say anything and that
anything you said could be used against you?
13. How did the officer bring you back to the station?
Time left the scene. Reason for delay, if any:
What happened to your car?
Where were you placed?
Were you handcuffed?
Did the officer radio for instructions. Was there any delay or confusion
in the instructions from headquarters?
What route did the officer take?
Was it a direct route? Any detours?
Any conversation between you and the officer in the car?
14. What did they do with you when you first arrived at the station?
By what route did they bring you into the building?
Were you videotaped when you first arrived?
Were you asked if you wanted to telephone a lawyer of your choice?
Were you asked if you wanted to telephone duty counsel?
Were telphone books provided? What condition were they in? Were they
for the jurisdiction where your lawyer has an office?
Did the police give you privacy during your telephone call?
Who did you call?
Describe the room, the door, and where the officers were.
How long were you on the phone.
Were you videotaped during the call?
Were you asked any questions before you spoke to the lawyer or duty
counsel?
Did you ask to make a second telephone call? Why?
Did you ask to visit the washroom? Did you have any difficulty on the
way to or in the washroom that the officer observed?
Was there any delay?
Was any other accused ahead of you in the breath room?
15. What were the first things that happened in the room where the breath machine is located?
Was there any delay?
Were you videotaped?
Were you audiotaped?
Did the arresting officer come into the room?
Did he or she explain the details of the case to the breath technician?
Did he or she outline his or her "r & pg" or reasonable and
probable cause?
What did the arresting officer say?BR>
About time of arrest or the accident?
About evidence of impairment?
About admissions by you?
About what the arresting officer was told by witnesses?
Were you asked to comment? Did you? Did you follow the advice given
to you by your lawyer or duty counsel?
How close did the breath technician get to you?
Did he or she look into your eyes or face or smell your breath?
Did the breath technician see you walking?
Where were you sitting? Did you lean against the wall?
Did the breath technician make his or her own formal demand for a breath
sample (out of his or her notes or notebook)?
Did you ask to visit the washroom? Did you have any difficulty on the
way to or in the washroom that the officer observed?
What sort of breathalyzer machine was used? Describe it by size, sounds,
make (if you know)?
What did the breath tech tell you before you blew into the machine?
Did you have any difficulty blowing into the machine? Why?
What were the results of the first breath test:
What time was the first breath test:
Describe what the technician did before and after the blow:
16. Describe what happened after the first test:
Did you receive any warnings about not blowing properly?
Were you charged with failure to blow?
Did you ask to use the washroom? What happened?
Did you ask to call a lawyer again?
Were you asked to perform any physical tests?
How did you reply?
Did you perform any physical tests?
Describe them:
Were you asked any questions?
Did you reply? If so, what were your answers?
About where you were coming from and where you were going?
About your criminal record?
About how much you were drinking and when?
About your medical condition (if any)?
About your sense of time?
Any delay?
Did the breath tech perform tests on anyone else in the meantime?
17. Describe the second breath test?
Was there any delay?
Did the machine appear to be operating properly?
What did the technician do before and after the second test?
Did you have any difficulty blowing?
What were the results:
Time of second test:
18. Did they tell you they were charging you with having .10% or above
blood alcohol content?
Did they give you any further warnings?
Did they read you your rights again?
What did they say?
19. Did they lodge you in a jail cell? If so, for how long?
Was anyone waiting to pick you up from the station?
Did the police let you call home home or a friend to pick you up?
Did the police give you an explanation as to why they were still holding
you?
Did the police delay in releasing you?
What method did the police use to determine that you were sober enough
to release?
20. What papers did you receive when you were released?
Did they give you a copy of the breath test results?
Are there any errors on any of the documents given to you? Do not write anything
on any of them!
21. If you suffered any injuries in the accident, at the scene, or
at the police station did you go to the hospital after you were released?
Were any blood samples taken at the hospital? This should have been
done forthwith if at all.
Document everything that happened at the police station and bring the
details to your lawyer.
What are the names of each of the police officers? Describe them.
What is the name of the person who performed you breathalyzer test? Describe him or her.
Have someone take photos of any injury that you suffered.
If you were stopped outside of Lake or Porter counties, obtain a city map of the area where you were driving.
What was the weather like? If you think it affected your driving or the way you acted, obtain a weather report for the time when you were driving.
22. Book an appointment with your lawyer as soon as possible.
This is an advertisement.
Any legal opinions expressed at this site relate to the state of Indiana
only. If you reside or carry on business in any other jurisdiction please
consult an attorney in your own jurisdiction.
WARNING:
All information contained herein is provided solely for the purpose of
giving basic information only. It should not be construed as formal
legal advice. The author disclaims any and all liability resulting from
reliance upon such information. You should seek and consult with your own
professional legal counsel before relying upon any of the information
contained herein.
© Copyright 1997, 1998 Gojko Kasich, Crown Point, Indiana