During your initial interview with your Walnut Creek DUI lawyer, you may be asked if there were any physical clues of intoxication, such as slurred speech or a flushed face. There are a few ways that your Walnut Creek DUI lawyer may choose to handle this information.
Because the arresting officer has likely stated on direct examination that your speech was slurred on the day or night of your arrest, it is unlikely that the officer will recant this information to contradict himself or herself. Therefore, your Walnut Creek DUI lawyer may likely avoid asking direct questions related to this claim. Instead, you can expect your lawyer may inquire about the various responses that you provided to the officer. After a series of similar questions, your lawyer may make the statement that it appears that the law enforcement officer did not have an issue with understanding you because he or she can recall the various answers you provided, implying that your speech could not have been all that slurred.
An alternative approach is for your Walnut Creek DUI attorney to call as a witness the individual whom you called while in jail or who otherwise observed you around the time of your arrest. These individuals would have firsthand knowledge of your level of speech, providing helpful contemporaneous evidence. In some situations, a voicemail recording may be admitted if you left a message for someone around the time of your arrest.
If you would like more information about dealing with a slurred speech claim in your DUI case, contact Blackie Burak at 1-866-BLCKDUI.