Free DUI Tool: The Online Case Evaluator Your FREE online DUI case evaluationThis isn’t one of those “give us your phone number so we can call you” forms... This is a REAL case evaluation. It will give you some insight into your case, showing how serious your situation is (or isn’t!) and revealing any obvious potential defenses. If you’d prefer to talk to a lawyer right now, call (813) 940-4300How Serious a Charge are You Facing?The reason why we start with this information is because prosecutors treat repeat DUI offenders much more harshly than first-time DUI offenders. Among other things, they may ask for increased penalties if you were involved in an accident, had a suspended license, had children in the car. By filling in the information below, you'll get a more accurate picture of how serious your situation may be.Have you ever been arrested for DUI before? Yes NoHow many times have you been arrested for DUI? 1 2 3 4 5 or moreHow many times have you been convicted of DUI? 0 1 2 3 4 5 or moreHow long has it been since your last DUI? Less than 5 years ago More than 5 years ago, but less than 10 years ago More than 10 years agoPrior to this current case, have you ever refused to take a breath, blood, or urine test? No, I've always taken the tests Yes, I've refused to take a testHow did you handle your case(s)? (Check all that apply) Private lawyer Public Defender Represented myself I don't rememberWas anyone in your car younger than 18 years old? Yes NoHow old was the youngest person in the vehicle? Less than 1 year old 1 to 5 years old 6 to 10 years old 11 to 15 years old 16 to 18 years oldDid you have a valid drivers license? Yes Yes - I have CDL Yes - I have a learner's permit No, my license was suspended No, I don't have a valid drivers licenseWere you driving a commercial vehicle? Yes NoWhy was your license suspended? (Check all that apply) Breath test over 0.08 Court order - drug conviction Court order - DUI conviction Failure to appear for court Failure to pay a ticket Failure to pay child support Failure to pay financial obligation Habitual Traffic Offender No insurance Points on drivers license Refusing to submit to breath or urine test OtherOtherWere you involved in an accident? Yes NoYour DrivingNow that you've reviewed the details about your prior history, it's time to begin identifying the potential issues in your case. Let's start with the potential defenses involved with the driving portion of your DUI.Did the police see your vehicle moving? Yes, they probably saw the vehicle moving No, I don't think they saw my vehicle move at allWhy didn't they see you driving? My car was parked I was stopped on the roadWhere was your car stopped? At a stop light or traffic signal In the middle of the road Off the road (breakdown lane) In the grass On the sidewalkHow did the officer get you to stop? (Check everything that applies) Speeding Driving too slow Weaving within the lane Weaving outside the lane Almost hitting another car Straddling center or lane marker Driving off the road Stopping in the lane for no apparent reason Following another car too closely Braking erratically Driving the wrong way Running a red light Running a stop sign Stopping problems (too far, too short, too jerky) Driving without headlights Equipment problems (Broken tag light, cracked windshield, etc) Expired license plate Suspended driver's license OtherOtherHow fast did they say you were driving?Did you see the police car behind you BEFORE they turned on their lights? Yes NoWhat did the officer use to make you stop? (Check everything that applies) Nothing - I stopped on my own Red and blue police lights Spotlight Flashing headlights Siren Yelling at you (loudspeaker) Yelling at you (voice only) Flagged you down with hand gestures Hit your car (with the palm of their hand) Hit your car (with a solid object) Hit your car (with their car) Roadblock Spike sticks OtherOtherHow long did it take you to respond and stop your vehicle? I stopped immediately Just a few seconds Less than 30 seconds Less than a minuteWhere did you stop your car? In the road In a turn lane In the center lane (“suicide lane”) Off the road (breakdown lane) Off the road (in the grass) Pulled onto a side road Pulled into parking lot Pulled into a gas station OtherOtherIssues Arising from the AccidentSince your case involves an accident, there may be some issues that make your case much more serious than other DUI cases. Here are a few more things I'll need to know before I can tell you how serious your case is:What was involved in the accident? (Check everything that applies) Ran into a curb Ran off the road Ran into a wall or barricade Ran into a stationary object My car rolled over Hit an unoccupied vehicle Hit a motorcyclist or bicyclist Hit an occupied vehicle Hit an animal Hit a pedestrian OtherOtherHow much damage did you vehicle receive? (Check everything that applies) No damage Minor cosmetic damage Minor body damage Major body damage Broken windshield Broken windows Airbags deployed My vehicle was undriveable My vehicle was totaledHow seriously were you injured? (Check everything that applies) I hit my head I was dizzy I had trouble focusing Minor bumps and bruises I was bleeding Serious injuries I almost died No injuries at allWhere were you hurt? (Check everything that applies) Head Face Neck Shoulders Back Hips Legs Knees Ankles Feet OtherOtherWhat medical care did you receive? (Check everything that applies) I didn’t need any medical treatment I refused medical treatment at the scene of the accident Paramedics treated me at the scene of the accident Paramedics transported me from the accident scene to the hospital They took me from the jail to the hospital I stayed overnight in the hospital I went to the hospital the next day I went to the hospital the next week OtherOtherWas anyone injured in the accident? (Check all that apply) Yes, a passenger in my car Yes, a pedestrian Yes, someone in another car Yes, a cyclist or motorcyclist No one was injuredHow seriously were they injured? (Check everything that applies) No injuries at all Bumps and bruises Minor injuries Someone was bleeding Someone was taken to the hospital Someone died OtherOtherParked Car IssuesSince your case involves a parked car, you may have a very strong defense. I've helped lots of clients avoid DUI convictions because of issues arising in these types of cases. Here are a few more things I'll need to determine the strength of your potential defense:Where was your car parked? Side of the road (Legally parked) Side of the road (Illegally parked) Parking spot - open business Parking spot - closed business Parking spot - side of street Parking spot - parking garage Parking spot - other Driveway (my home) Driveway (of someone I know) Driveway (of someone I don't know)Where were you seated? Driver seat Passenger seat Back of car Outside the car I don't rememberDoes your car have a keyless ignition system? Yes No, I need to put the key in the ignitionWhere were your keys? In the ignition Inside the car, within arm's reach Inside the car, out of reach Outside the car I don't knowWas the car running? Yes No I don’t rememberWere your windows rolled up? Yes NoDid you roll down your window? Yes NoWhat happened before you rolled down your window? (Check all that apply) I rolled down the window before the officer said anything The officer yelled at me through the closed window The officer knocked on my window The officer banged on my windowWere your doors closed? Yes NoWho opened your door? You The police officer I don't know Someone else: Someone else: What happened before your door was opened? (Check all that apply) I opened the door before the officer said anything The officer asked me to open the door The officer asked me to roll down the window The officer talked to me The officer yelled at me The officer screamed at me The officer threatened me The officer gave me a direct order to open the door The officer knocked on my window The officer banged on my window The officer tried to open the door OtherOtherWere you asleep in the car? Yes NoWhat woke you up? (Check all that apply) The officer talked to me through the closed window The officer yelled at me through the closed window The officer knocked on my window The officer banged on my window The officer opened my car door The officer shook me awake The officer broke my window I don't knowGood News: You Have a Potential DefenseBased on some of the facts you gave me, you may have a strong defense to your DUI case. I'd like to be able to speak with you to clarify some details, but it looks like I may be able to file a Motion to Suppress to attack the evidence in your case.Your Initial Contact with the PoliceThe officer made notes about your balance, response times, and coordination in the police report. They will often magnify every minor issue they observe, then claim it proves you were illegally impaired. Often, there are legitimate reasons why you don’t look “perfect,” and these can make the affect whether or not you’re convicted of a DUI.Which documents did you give to the officer? Drivers license Insurance information Registration OtherOtherDid you have any difficulties providing the documents? (Check all that apply) No, I didn’t have any problems I couldn’t find one or more item I dropped something in my lap I dropped something inside the car I dropped something while handing it to the officer I fumbled with my paperwork I gave the officer a credit card or something similar I gave the officer incorrect paperwork I took a long time finding my paperworkDid you have any difficulties getting out of your car? (Check all that apply) No, I didn’t have any problems at all Forgot to unbuckle my seatbelt Problems unbuckling my seatbelt Problems unlocking my door Problems opening my door Stumbled getting out of the vehicle Almost fell down Fell down I don't remember OtherOtherWere you video recorded? (Check all that apply) Yes, the officer who stopped me had a dash cam Yes, the DUI officer had a dash cam Yes, they used a handheld camera Yes, a friend or acquaintance recorded me Yes, I have a dash cam in my vehicle No I don't knowWhich officers were involved in your case? (Check all that apply) The officer who first spoke with you The DUI officer (if this is a different person than the officer who first spoke with you) A backup officer Multiple backup officers Trainee(s) The breath test machine operator OtherOtherWhat types of shoes were you wearing? Barefoot Flip-flops Sandals Sneakers Boots High heels Lace-up shoes Flats Cowboy boots Slip ons OtherOtherAre you 40 years of age or older? Yes NoDo you have any of these physical limitations which may have affected your balance or coordination? No issues at all 50+ pounds overweight Eyeglasses or contacts Migraines Vision issues (other) Vertigo Nausea Neck injury Back injury Leg injury Knee injury ACL surgery Ankle injury Foot injury Joint pain Arthritis Physical disability Missing limb Muscle sprain Broken bone Restless Leg Syndrome Neuromuscular disease OtherOtherAre your physical limitations medically documented? Yes NoDo you have any of these mental or emotional limitations that may have affected your ability to focus or follow directions? No issues at all Anxiety Nervousness ADD/ADHD Oppositional Defiant Disorder Impulse Control Disorder Learning disabilities Short term memory loss Auditory Processing Disorder Dyslexia Post Traumatic Stress Disorder (PTSD) Bi-Polar Disorder OtherOtherAre your mental or emotional limitations medically documented? Yes NoDid they ask you to perform any Field Sobriety Tests (Walk in a straight line, stand on one leg, etc.)? Yes NoThe Field Sobriety TestsNot everyone is a good candidate for the field sobriety tests, and the police don't always administer the tests properly. In this section, we'll discover any potential problems with your case related to the roadside tests.Did the officer tell you the Field Sobriety Tests were voluntary? Yes No I don’t rememberDid the officer say or do anything to make you feel the tests were mandatory? Yes No I don’t rememberWhat did they say or do to make the tests feel mandatory?What did the officer say would happen if you didn't take the tests? (Check all that apply) They didn't mention anything about it They said nothing would happen if I refused I might be arrested I would definitely be arrested I might lose my license I would definitely lose my license The refusal would be used against me in court The judge would hear I refused to take the tests The judge might be harsher to me The jury would hear I refused to take the tests The jury might be harsher to me I would lose my chance to prove my innocence I would lose my chance to dispel their suspicions I was driving while impaired They would make a decision based on what they'd seen so far I don’t remember OtherOtherDid the officer change your mind about taking the tests? Yes, I was originally going to take the tests, but decided not to Yes, I wasn’t going to take the tests, but decided to take them No, I was originally going to take the tests, and I did take them No, I wasn’t going to take the tests, and I didn’t take themDid the officer ask if you wanted to remove your shoes to take the tests? Yes NoDid you remove your shoes? Yes NoWhich Field Sobriety Tests did you perform? (Check all that apply) HGN (the "pen test") Walking in a straight line Standing on one leg Touching my nose Saying my ABC's OtherWhat other tests did they ask you to do?Issues with the Horizontal Gaze Nystagmus (the “pen test”)Did the officer explain what you should do to pass the test? Yes NoDid you have any difficulty understanding his instructions? No, I understood what he wanted me to do Yes, I had difficulty understanding what I was supposed to doDo you have a natural nystagmus in either eye? Yes NoDo you have any other issues with your eyes? Yes NoBriefly explain the issues with your eyesDid the officer leave his flashing red and blue lights on during the test? Yes NoWere the lights flashing in your eyes during the test? Yes NoDid you keep your head still during the test? Yes No, the officer had to remind me to keep it stillHorizontal Gaze Nystagmus detailsIssues with the “Walk and Turn” testDid the officer explain what you should do to pass the test? Yes No I'm not sureDid the officer demonstrate what you should do to pass the test? Yes No I'm not sureDid you have any difficulty understanding his instructions? No, I understood what he wanted me to do Yes, I had difficulty understanding what I was supposed to doWhere did you walk on the line? On the roadway On a sidewalk In a parking lot In a driveway In the grass Under a covered awning Indoors OtherOtherWhat did the officer use for the straight line? Edge of the road, driveway, or sidewalk Painted line on the road Parking lot line Crack in the roadway Chalk line Tape line Imaginary line OtherOtherHow many steps did the officer tell you to walk on the way OUT?How many steps did the officer tell you to walk on the way BACK?How do you think you did? Perfect Pretty good Okay Not so good Failed itDid you remain on the line the entire time? Yes, I stayed on the line the entire time No, I stepped off the line one time No, I stepped off the line multiple times I'm not sureDid your hands remain at your side the entire time? Yes, my hands stayed at my sides the entire time No, I raised my hands a little No, I raised my arms to keep my balance one time No, I raised my arms to keep my balance multiple times I'm not sureDid you walk “heel-to-toe” on every step? Yes, my heels hit the toes of my shoes on every step No, I missed or forgot to do it one time No, I missed or forgot to do it multiple steps No, I missed or forgot to do it every step No, I didn’t know I was supposed to do thatDid you keep your balance the entire time? (Check all that apply) Yes No, I stumbled or lost my balance one time No, I stumbled or lost my balance multiple times No, I almost fell down No, I fell down I'm not sureWalk and Turn detailsIssues with the “One Leg Stand” testDid the officer explain what you should do to pass the test? Yes No I'm not sureDid the officer demonstrate what you should do to pass the test? Yes No I'm not sureHow long did the officer keep his foot raised? Just a few seconds 15 seconds or less 30 seconds or less More than 30 seconds I don’t rememberDid you have any difficulty understanding his instructions? No, I understood what he wanted me to do Yes, I had difficulty understanding what I was supposed to doHow do you think you did? Perfect Pretty good Okay Not so good Failed itWhich foot did you raise? My left foot My right foot I switched feet partway through I don’t rememberHow many times did you put your foot down? I kept my foot raised the entire time 1x 2x 3x 4 or more times More than once, but I don’t remember how many I never raised my foot off the ground I don’t rememberHow many seconds passed before your foot dropped down? (Best guess) 5 seconds or less 10 seconds or less 20 seconds or less 30 seconds or less I don’t rememberDid you keep your balance the entire time? (Check all that apply) Yes No, I was wobbly No, I was hopping No, I raised my arms to keep my balance No, I almost fell down No, I fell down I don’t rememberOne Leg Stand detailsIssues with the “Finger to Nose” testDid the officer explain what should do to pass the test? Yes No I'm not sureDid the officer demonstrate what you should do to pass the test? Yes No I'm not sureHow do you think you did? Perfect Pretty good Okay Not so good Failed itSome good news...The National Highway Traffic Safety Administration created the training manuals for the field sobriety exercises. In their original 1977 and 1983 studies, they determined that standardized field sobriety tests were unreliable for people over age 60. This is reflected in the National Highway Traffic Safety Administration manual from 1991. In 2006 it was changed to age 65, however, this was not based upon any additional data. (Luckily, I still have the old manual to use during trial).A recent British study indicates that the breakpoint for reliability on field sobriety tests is the age of 40, (Philip R. Dixon, Tony Clark, Brian Tiplady, Evaluation of a Road Side Impairment Test Device Using Alcohol, Accident Analysis and Prevention, 41 (2009) 412-418). This is more consistent from a medical perspective (think about it, there aren't many professional athletes in their 40's). Therefore, we may be able to argue that field sobriety tests should not be relied upon in your case because of your age.Did you have any difficulty understanding his instructions? No, I understood what he wanted me to do Yes, I had difficulty understanding what I was supposed to doDid you touch your finger to your nose each time? Yes No, I missed 1x No, I missed 2 or more times I don’t rememberDid you use the correct hand each time? Yes Yes, but I partially raised the wrong hand at least once No, I used the wrong hand at least once I don’t rememberDid you return your hand to your side each time? Yes Mostly. The officer had to remind me the first time No, I had to reminded more than once to return my hand to my side No, I had to reminded every time to return my hand to my side I don’t rememberDid you keep your balance the entire time? (Check all that apply) Yes No, I was wobbly No, I was hopping No, I raised my arms to keep my balance No, I almost fell down No, I fell down I don’t rememberFinger to Nose test detailsIssues with the “ABC’s” testDid the officer explain what you should do to pass the test? Yes No I'm not sureDid the officer say the ABC’s? Yes No I don’t rememberDid you have any difficulty understanding his instructions? No, I understood what he wanted me to do Yes, I had difficulty understanding what I was supposed to doHow do you think you did? Perfect Pretty good Okay Not so good Failed itIs English your first language? Yes NoWhat is your first language?SpanishFrench CreoleFrenchPortugueseGermanChineseArabicJapaneseVietnameseRussianOtherWhat is your first language?Did you recite the entire alphabet correctly? (Check anything that applies) Yes No, I missed a letter No, I missed more than one letter No, I said some letters out of order I don’t rememberDid you keep your balance the entire time? (Check all that apply) Yes No, I was wobbly No, I was hopping No, I raised my arms to keep my balance No, I almost fell down No, I fell down I don’t rememberABC test detailsPotential Driving Impact from a DUI convictionDo you commute to work or school? Yes NoHow far is your commute? Less than 10 minutes each way 10 to 20 minutes each way 20 to 40 minutes each way 40 to 60 minutes each way More than an hour each wayHow many miles do you drive each month? Less than 500 miles a month 500 to 1,000 miles a month 1,000 to 2,000 miles a month More than 2,000 miles a monthDo you have children you pick up from school, the bus stop, or daycare? Yes NoWould a DUI conviction affect your job? Yes No Not sureDo you drive as part of your job description? Yes NoDo you have any of these professional licenses? Commercial driver's license (CDL) Pilot's license USCG Captain's license Security clearance (government) Security clearance (military) Dentistry license Medical license Nursing license Dentistry license Pharmacist license License to practice law Realtor license Series 7 or other brokerage license Teaching certificate Accounting license OtherOtherAll of these licenses, clearances, and professions are affected by a DUI conviction. Please check all that apply. If you are human, leave this field blank.NEXT: Field Sobriety Tests