Practice Tips

PRACTICE TIPS By: Arrin “A.Z.” Zadeh

Oberman & Rice Law Firm

DECK THE HALLS WITH DUI DEFENSE TIPS!

It is hard to believe that 2022 has already reached its final month. As we all look forward to the holiday season and spending time with friends and family, one thing will always be constant: Holiday Parties. No matter the scale or size of the gathering, there is an abundance of good cheer and spirits! I can see no better time to gift to my fellow Knoxville Bar Association members some helpful tips when that potential client calls with a pending Driving Under the Influence charge.

My first bit of helpful advice will be to make sure you meet with your new potential client as soon as possible. Upon meeting them for the first time and building that all important relationship of trust with them, I feel it is crucial to make sure you understand their goals in this situation. Most of these potential clients find themselves in a scary situation and, for the first time, having spent some time in jail. Listen to them patiently and make sure you are on the same page as they are with potential “realistic” outcomes. In other words, I would suggest not assuring them that the case will go away. I find that most clients appreciate and value an honest evaluation of the case and facts during that initial conversation. You will work hard for them, but being completely forthright with a potential client normally results in a client trusting you.

After this potential client hires you (congrats on the new case!), my second tip will be for you to read the relevant statutes associated with the alleged criminal offense. This tip goes beyond just DUI offenses. It should be second nature to any lawyer (as well as being my second piece of advice). Always read the statute and perform a quick review of case law. You will be surprised at what bits of poorly written code you have missed or simply forgotten. It will not only help you in preparing your defenses, but you may find an affirmative defense to help your client. Along these lines, always review bond requirements for DUI offenders. As recently modified, Tennessee legislators amended bond requirements on DUI Offenders to mandate an Ignition Interlock Device on their vehicle under certain circumstances. Being able to inform your client about changes in law makes you look smart! A lawyer who looks smart is almost as good as a smart lawyer! Almost…

Focusing in on my tip mentioned above, please make sure to review the Implied Consent statute every 6 months (at a minimum). As most DUI defense lawyers know, this statute seems to change a lot. These changes were not only by our legislatures but also by the courts. So, along with this third piece of advice (reviewing the statute) please make sure to take a look at the actual Implied Consent Acknowledgment document that is prepared by the officer during the DUI arrest. If you can keep the blood or breath test out of evidence (either by improper advisement or execution of the consent form) you will have achieved a major step towards a positive outcome for your client.

In most DUI arrests, law enforcement agencies will have some sort of dash camera or body camera that should record most, if not all, of the encounter with your client. Additionally, arrest reports and alcohol influence reports are usually completed in conjunction with the arrest. Obtaining these materials is crucial in ascertaining what happened during the incident. Of course, you will not be able to “smell” your client via video but, the video evidence will help you confirm or dispel other allegations made by the officer (e.g., driving behavior, speech patterns, your client’s gait, etc.). It is very important to not skip this step and get all the relevant materials as soon as you are able.

Perhaps the most important piece of advice I can give is something that every lawyer should partake in, but it makes the biggest difference in your representation. Always communicate clearly and timely with your client. DUI defense seems to be getting more and more expensive. I am sure we have all seen the billboards that state something like “A DUI will cost you 10K”. Aside from the defense lawyer fees (your fee!) your client will potentially face additional thousands of dollars in court costs, fines, potential insurance increases, and driver’s license reinstatement fees. Therefore, you must speak with your client and make sure they are aware that they are not just a fee for you or a file number to the court system. I know we are all busy, but so is Santa Claus and he still delivers to every child in the world (so long as they have been good!). If a client hires you, they are on the good list. Make sure you talk with them and keep them in the loop. If you do not, it will be more than coal you are getting as a holiday gift (more like a letter from the Board of Professional Responsibility).

Even though this is a very magical time of the year, there is no one “tip” I could provide to help you be fully prepared in a DUI case as a defense lawyer. What I can tell you is that if you are fully prepared, completely upfront with your client about what their goals may be, and properly investigate the case you should be in the best possible position to obtain a favorable result. As always, I am happy to answer any questions you may have about your DUI case. Please feel free to call me at (865) 249-7200 or email me at az@tndui.com.

All of us from the Oberman & Rice Law Firm wish everyone a Happy Holiday season!

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