When or if to hire an Attorney is a question many people encounter at some point in their lives. I find this especially evident in DUI defense. Many of my clients have no prior experience with the criminal justice system. To make things worse sometimes my clients think that they were not arrested because they were released following the breath test. They operate under this belief for a few months until to their horror they start getting notices from the Department of Licensing regarding a license suspension or an arraignment date.

At this point the client begins scrambling to find an Attorney, who down the road may find a huge roadblock in providing a proper defense. A roadblock that could have been solved by simply taking action right after the arrest. 

The breath test process is a very regulated one. Officers must follow certain protocols in administering these tests. As I ask prospective clients about their test many times I am told of things that could allow us to get the breath test suppressed. I then find out that this arrest happened three months ago. 

The reason timing is important is because many police stations record these breath tests. This video can be powerful evidence and sometimes the only evidence to prove a clients assertion that the Officer failed to follow proper protocol. The key is that these videos are not retained forever. Sometimes they are deleted as early as 30 days post arrest and by 60 days following arrest you can almost be assured that the tape is destroyed or taped over. 

Save your Attorney a headache and you some money avoiding trial. Find an Attorney sooner rather than later or make a public records request on your own to obtain a copy of any audio/video of your arrest.