The Drinking Driver's Worksheet
WARNING: It is dangerous to drink and drive after consuming any quantity of alcohol. The reality is, however, that people drink in moderation during a meal or when visiting friends and then need to drive home. One day you might be stopped. If the officer suspects that you have alcohol in your body you may be asked to provide a breath sample. You may need to prove evidence to contradict a breath machine result. If you are charged, your attorney will need to know exactly what you ate and drank that day for purposes of proving your blood alcohol content at the moment of the alleged offence. This worksheet may help you to provide that information. Try to keep meal/bar bills and receipts. Note time of arrival at bar or restaurant and time of service. Note measuring device, jigger, bottle or glass size. Note type, brand, quantity, %, and details of each food, side dish, medication, and drink.
Private and Confidential
1. Describe where and when you were drinking:When and Where Did You Eat:
(If your attorney intends to lead evidence contradicting the breath machine it is essential that you detail exactly the times, types and quantity of food consumed over the course of the day, this may effect your alcohol elimination rate for purposes of calculation by the toxicologist)
- When and Where you Started Drinking:
- What Were you Drinking:
- When Did You Finish:
- Who Witnessed Your Drinking:
- Did you/they use a jigger, shot glass, or measuring device?
2. Describe Yourself:
- Age:
- Gender:
- Height:
- Weight:
- Experience with Drinking:
- What were you wearing:
- Your Employment:
3. Medical or Other Conditions Respecting:
- Your eyes:
- Your face:
- Your lungs and breathing:
- Your stomach and intestines:
- Your balance and co-ordination:
- Injuries:
- Disabilities:
- Medications (and times):
4. Your Driving Record:
- Previous Drunk Driving Charges (When, Sentence):
- Previous Suspensions or Prohibitions from Driving:
- Other Criminal Record:
- Record of Accidents:
5. Did the police see you driving?Describe where you were driving including streets and city names.
- Speed limits?
- Where did you come from?
- Where were you going?
- Was there anything unusual about your driving? Why?
- When and where did you first see the police vehicle?
- What drew your attention to the police vehicle?
- How far did you go after you first saw the police vehicle?
- How did the police stop you?
- Was there any construction on the road?
- Time of conduct?
- Were you stopped at a spot-check programme? Describe the site including what each officer was doing:
6. Was there an accident?
- When and where did you first see the other vehicle or obstacle that you collided with?
- What drew your attention to the other vehicle?
- Were you injured?
- Did you stay in the car or did you get out?
- Did you talk to others at the scene?
- What did you say to the other drivers or witnesses?
- When did you first see a police vehicle?
- How did the police approach you?
- Was anyone injured?
- Time of the accident:
- Can the police prove time of the accident? How? Was there a witness who noted the time?
7. If the police didn't actually see you driving
- Were you seated in the driver's seat when the police approached you?
- Time:
- Did you get out of the car before the police approached you?
- Where were the keys?
- Was the engine on or off?
- Was the transmission in park or in gear?
- Were the headlights on or off?
- Was the radio on or off?
- Was the heating/air conditioning on or off?
8. Where was the police officer when they first saw you?
- Did the officer come up to the car window?
- Did you roll the window down before or after the officer approached?
- Was anyone else in the car? Where? Had they been drinking?
- Were there any alcoholic beverages open in the car?
9. What did the police officer ask you to do? Remember in detail the words that the police officer used and the exact chronology of events.
- Did the officer ask you to produce your ownership and driver's licence? Did you do it without fumbling?
- Did the officer ask you to get out of the car?
- Did you lean on the car?
- Did you have any trouble walking? Why?
- Did the officer ask you if you had been drinking?
- Did the officer ask you to get into the police car? Remember in detail all the words that the police officer used and the exact chronology of events.
10. Physical Tests at the Scene
- Did the officer ask you to perform any roadside physical tests?
- How did you reply?
- Did you perform any physical tests?
- What did he/she ask? How did you do?
Describe each roadside physical sobriety test :
11. Did the officer require that you blow into a roadside screening device?
- When were you first told that this was the officer's intention?
- Did the officer read something formal to you from a notebook card? What did he or she say:
- Did the officer pull a fresh mouthpiece out of a sealed bag?
- Did the officer look at the mouthpiece?
- Did the officer show you how to blow?
- Did you try to blow or did you stick your tongue in the mouthpiece?
- How many tries?
- What light came on or what did the digital display show?
- Did the officer complain that you weren't blowing hard enough?
- Did you get a warning about not blowing hard enough?
- What happened next?
12. Details of the arrest, breath demand and rights?
- What did the officer say:
- Did the officer read something formal to you from a notebook card?
- Did you have any trouble with the language spoken by the officer?
- Did they caution you that you have the right to remain silent and that anything you said could be used against you?
- Did they caution you that you have the right to retain and instruct counsel without delay?
- Did you answer any police questions at the scene or in the car prior to consulting counsel?
13. How did the officer bring you back to the station?Time left the scene. Reason for delay, if any:
- What happened to your car?
- Where were you placed?
- Were you handcuffed?
- Any conversation between you and the officer in the car?
14. What did they do with you when you first arrived at the station?
- By what route did they bring you into the building?
- Were you videotaped when you first arrived?
- Were you asked if you wanted to telephone an attorney of your choice?
- If you needed to phone someone to get the phone number of the attorney of your choice, did they allow you to do so? What was their exact answer?
- Were you asked if you wanted to telephone duty counsel?
- Were telephone books provided?
- Did the police give you privacy during your telephone call?
- Who did you call?
- Describe the room, the door, and where the officers were.
- How long were you on the phone. Was it long enough or have you been interrupted?
- Were you asked any questions before you spoke to the attorney or duty counsel?
- Did you ask to visit the washroom? Did you have any difficulty on the way to or in the washroom that the officer observed?
- Was there any delay?
- Was any other accused ahead of you in the breath room?
15. What happened at first in the breath room?
- Was there any delay?
- Were you videotaped? Were you audiotaped?
- Did the arresting officer come into the room? Did he or she explain the details of the case to the breath technician? Did he or she outline his or her reasonable and probable grounds?
- What did the arresting officer say?
- About time of arrest or the accident?
- About evidence of impairment?
- About admissions by you?
- About what the arresting officer was told by witnesses?
- Were you asked to comment? Did you?
- How close did the breath technician get to you?
- Did he or she look into your eyes or face or smell your breath?
- Did the breath technician see you walking?
- Where were you sitting? Did you lean against the wall?
- Did the breath technician make his or her own formal demand for a breath sample (out of his or her notes or notebook)?
- What did the breath tech tell you before you blew into the machine?
- Did you have any difficulty blowing into the machine? Why?
- What were the results of the first breath test:
- What time was the first breath test:
Describe what the technician did before and after the blow:
Did the machine appear to be operating properly?
16. Describe what happened after the first test:
- Did you receive any warnings about not blowing properly?
- Were you charged with failure to blow?
- Were you asked to perform any physical tests?
- How did you reply?
- Did you perform any physical tests?
Describe them:
- Were you asked any questions?
- Did you reply? If so, what were your answers?
- About where you were coming from and where you were going?
- About your criminal record?
- About how much you were drinking and when?
- About your medical condition (if any)?
- About your sense of time?
- Any delay?
- Did the breath tech perform tests on anyone else in the meantime?
17. Describe the second breath test?
- Was there any delay?
- Did the machine appear to be operating properly?
- What did the technician do before and after the second test?
- Did you have any difficulty blowing?
- What were the results:
Time of second test:
18. Did they lodge you in the cells until sober?
- Was anyone waiting to pick you up from the station?
- Did the police let you call home home or a friend to pick you up?
- Did the police give you an explanation as to why they were still holding you?
- Did the police delay in releasing you?
- What method did the police use to determine that you were sober enough to release?
19. What papers did you receive when you were released?
- Did the releasing officer carefully compare the copy of each document with the originals to ensure that you were served with a true copy?
- Are there any errors on any of these documents? Do not write anything on any of them!
20. If you suffered any injuries in the accident, at the scene, or at the police station did you go to the hospital after you were released?
- Were any blood samples taken at the hospital?
- Have someone take photos of any injury that you suffered?
Obtain the medical report from the hospital / clinic.