OUI/DUI/DWI Checklist

When you have been charged with drunk driving, you will likely have many thoughts and concerns. This is natural. However, your feelings can be overwhelming, which can make it hard to focus. It is important to take some time to review all aspects of your case with an experienced lawyer in order to build the strongest possible defense.

Bedford-Concord OUI defense attorney Peter G. DeGelleke has been protecting the rights of individuals in Massachusetts since 1977. He can help guide you through the legal process and inform you of your options every step of the way. For a free initial consultation, complete an online contact form or call 781-275-0800.

Important Questions to Consider When Reviewing Your Case

Going through the topics below and noting any other facts you believe may be important can help you and your attorney focus on the matters that are particularly relevant to an OUI/DUI/DWI defense.

Your Driving Before the Stop

  • Why do you think the officer pulled you over?
  • Did the officer say why he or she stopped you?
  • Were you cited for any traffic violations?
  • Are there any innocent reasons for the driving behavior that triggered the stop?
  • Do you think the officer saw you leave a bar parking lot?

The Traffic Stop

  • Where did you stop?
  • Why did you choose that location?
  • What was the lighting like at that time?
  • Did you tell the officer that you had something to drink?
  • How did the officer phrase his request to get out of your car?
  • Did you have any difficulty getting out of your car?
  • Did the officer ever tell you that you were free to leave?
  • Did he or she say or do anything you believe was inappropriate?
  • Did you have any passengers?
  • Did anyone witness the initial stop?

Field Sobriety Tests

  • Did the officer tell you the field tests were mandatory or threaten you in any way?
  • Did he or she ask you ask you about your health or any disabilities?
  • Did the officer explain or demonstrate the tests?
  • Which tests did you perform?
  • Where did you perform them?


  • Was your car searched, and if so, was anything found?
  • At what stage did the officer say you were under arrest?
  • Were you handcuffed?
  • Was a videotape, audiotape, or photo made during the stop or later at the station?
  • Were you read your Miranda rights?
  • Did you waive your rights, or remain silent?
  • Did you ask for an attorney?

Health At Time of Arrest

  • Were you dieting when arrested?
  • How much had you slept in the prior two days?
  • Had you taken any medicine recently?
  • Do you have any physical disabilities?
  • Do you have any inner-ear or balance problems?
  • Have you ever suffered a head injury?
  • Do you have GERD, frequent heartburn, or COPD?
  • Do you have diabetes, or any blood or liver disease?
  • Do you have any mental health issues?

Breath Test

  • Did you burp or regurgitate during the observation period?
  • How many breath samples did you provide?
  • Did you have any trouble providing a sample?
  • Did the operator interrupt your breathing pattern at any time?
  • Did the operator require you to hold your breath for any length of time before blowing?
  • Were you tested on more than one machine?


  • How many officers were involved in the entire process?
  • Do you know any of their names?
  • Did you post bond?
  • Do you have a prior criminal history, including prior drunk driving arrests?

Contact an Attorney for Further Legal Information

Attorney DeGelleke can walk you through this checklist and let you know how the facts of your case may determine the outcome. Complete an online contact form or call 781-275-0800 to schedule a free initial consultation to discuss your situation.