In order to best serve your legal interests, your Walnut Creek DUI lawyer will likely attempt to obtain certain information that can help with your defense. Your Walnut Creek DUI lawyer may obtain information through an independent investigation or by requesting it from the prosecutor through the process of discovery. Not all of the following items will be relevant to your case, and your attorney can tell you how important each of these items are in your particular situation.
Officer's Training History
Your Walnut Creek DUI attorney may attempt to get the training history for the officer. This training may consist of whether he or she knew how to properly operate the machine that was used to take your breath sample. Sometimes law enforcement officers may not be properly trained on a breath machine if they have transferred from other departments. Additionally, your lawyer may look into the training that the officer received regarding the administration of field sobriety tests.
Your Walnut Creek DUI lawyer will also be interested to learn about laboratory procedures. This information may include the method that it used to test for breath alcohol.
Information about the Machine
Your lawyer may request a copy of the manual that is provided with the purchase of the breath machine. The instructions may show an inconsistency between how the machine was designed to be used and how the law enforcement officer actually used it.
Your lawyer may want to check to see if the breath machine has been accurate. He or she may request accuracy-check records for two months preceding your arrest and two months after your arrest.
To learn about other helpful information, contact Blackie Burak at 1-866-BLCKDUI.