Can the questionnaire be signed electronically?

Yes. Electronic signatures are legally valid in the United States under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent to electronic records, attribution, and reliable retention. Use stronger authentication for high-risk disclosures.

Is notarization required for client statements?

Not usually for intake questionnaires; however, if the form will be used as sworn testimony or an affidavit, notarization or a jurat may be required by court rules or state law—confirm before submission.

What if an entry contains an error?

Do not obliterate entries. Add a dated correction with the author’s initials, note the reason, and preserve the original entry for integrity and audit trail purposes.

How should I handle missing officer or device IDs?

Flag missing identifiers immediately, issue targeted records requests, and document follow-up attempts to preserve spoliation claims and support discovery motions.

Can I rely on client recollection days later?

Client memory degrades; capture statements promptly and corroborate with objective evidence like video, CAD logs, and breath machine timestamps.

How long must I keep the completed questionnaire?

Retain the file for the case lifecycle plus applicable retention periods: generally at least 3 years post-closing and 6 years for HIPAA-related materials (45 CFR §164.530(j)); consult state-specific rules.

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DUI Defense Questionnaire

DUI Defense Questionnaire

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DUI Defense Questionnaire

This DUI Defense Questionnaire is completed by Client Name: and is submitted to Attorney/Firm: for the purpose of gathering factual and evidentiary information relating to the client's pending charge(s). Date of completion:

RECITALS

WHEREAS, the client has been arrested or cited for an alleged driving under the influence offense described below, and requires legal representation and investigation into the facts, testing, and procedures used by law enforcement; and

WHEREAS, the attorney or firm has agreed to represent the client for purposes of investigating, negotiating, and, if necessary, litigating the matter subject to separate engagement terms; and

WHEREAS, the information provided in this Questionnaire will be used to assess defenses, preserve evidence, and prepare for administrative and criminal proceedings.

NOW, THEREFORE, the client provides the following factual and identifying information under penalty of perjury to the best of the client's knowledge and recollection.

1. IDENTIFICATION

Full legal name Date of birth Address Primary contact phone Email Driver's license number and state

2. ARREST / CITATION DETAILS

Arrest/Citation Date: Time: County/Jurisdiction:

Location of stop/arrest Arresting agency / officer identification Case number(s) / citation number(s) Summary of charges alleged

3. TESTS & RESULTS

Was a preliminary breath test administered? Breathalyzer/portable result (if any):

Was a chemical test (breath/blood/urine) requested or compelled?

Chemical test details

Was a field sobriety test given? Did you refuse any test?

Field sobriety observations

4. FACTS, MEDICAL AND SUBSTANCE HISTORY

Last alcohol use prior to stop (date & time) Substances used (alcohol, prescription, over-the-counter, illicit) Medications and medical conditions relevant to testing

Prior DUI / DWI convictions? If yes, provide details below.

Prior conviction details

5. WITNESSES, EVIDENCE, AND PRESERVATION

Known witnesses (name, contact, statement summary)

Was there video (dashcam, bodycam, surveillance)? If known, location of video/evidence custodian:

6. EMPLOYMENT, INSURANCE, AND LICENSE STATUS

Employer name and job duties Insurance information (if applicable)

Is your driver's license currently suspended or will it be administratively suspended?

Are you a commercial driver or possess a commercial driver's license?

7. LEGAL HISTORY

Prior arrests, convictions, or pending matters

8. DEFENSE GOALS & PREFERENCES

Client's primary objectives

Willing to proceed to jury trial if necessary? Prefer negotiated resolution?

9. AUTHORIZATIONS AND ACKNOWLEDGMENTS

By checking the boxes below and signing this Questionnaire, the client authorizes the attorney to obtain records, to preserve evidence, and acknowledges the statements contained herein are true and complete to the client's knowledge.

Authorization to obtain medical, employment and DMV records:

Consent to disclose factual information to insurance carriers or third parties as reasonably necessary for defense:

Additional comments or facts not covered above

10. REPRESENTATIONS, TERMS & MISCELLANEOUS

Scope of review and representation: The attorney will review this Questionnaire, gather pertinent records, advise the client on legal options, and represent the client in criminal and administrative proceedings subject to the terms of any separate engagement agreement. This Questionnaire does not by itself create a comprehensive fee agreement or limit additional terms agreed in writing.

Confidentiality: All factual information provided by the client to the attorney is intended to be confidential and privileged to the extent permitted by law. The client understands that factual admissions in this Questionnaire may be discoverable by the prosecution under applicable rules if provided to the court or opposing counsel.

Authorization to preserve evidence: The client authorizes the attorney to take all reasonable steps to preserve and obtain evidence (video, breath/blood samples, maintenance records, calibration logs, and witness statements) necessary for the defense, including written requests and demands to custodians of evidence.

GOVERNING PROVISIONS

Governing Law: This Questionnaire and any use of the information herein shall be governed by the laws of the jurisdiction in which the charged offense arose, without regard to conflict-of-law principles.

Entire Agreement: This document constitutes the entire written statement of facts and client-provided representations for the purposes of evaluating and preserving defenses. Any separate engagement agreement governs the attorney-client relationship and fee terms.

Severability: If any provision of this Questionnaire is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Notices: Notices required under any related engagement agreement shall be delivered in writing to the contact information provided above, unless alternate addresses are provided below.

Alternate notice address for client (optional) Alternate notice address for attorney/firm (optional)

Amendments and Waiver: Any amendment or waiver of provisions contained in this Questionnaire must be in writing and signed by the client and attorney. Failure to insist upon strict performance of any provision shall not be deemed a waiver of future enforcement of that provision.

Client Name:

By:

Date:

Attorney/Firm:

By:

Date:

What the DUI Defense Questionnaire Is and When It’s Used

The DUI Defense Questionnaire is a structured intake and fact-gathering form used by defense attorneys and investigators to collect case-specific details after a driving under the influence stop or arrest. It centralizes information about the traffic stop, officer actions, field sobriety tests, chemical testing, medical conditions, witness statements, and time-stamped events so counsel can evaluate suppression, procedural, and forensic issues. Proper completion produces a concise factual record for case analysis, courtroom preparation, and communication with expert witnesses or laboratory services.

Why a Standardized DUI Defense Questionnaire Matters

A standardized questionnaire ensures consistent, complete collection of facts that matter for motions, pleas, and trial preparation. It reduces information gaps that can delay investigation, supports audit trails for evidentiary defense, and documents potential constitutional or procedural violations for later briefing.

Who Typically Completes or Receives the Questionnaire

The form is commonly completed by defense counsel, investigators, paralegals, or the arrested driver under attorney supervision to capture accurate recollections.

Defense attorneys and investigators document facts for suppression motions and discovery follow-up.
Paralegals and intake staff collect preliminary details and supporting contact information.
Clients or arrested drivers provide first-person accounts and sign attestations when appropriate.

Who Can Sign or Verify the Questionnaire

Client / Arrestee

The client may complete and sign factual sections; a signed client statement can be used for defense strategy, but attorney review is recommended to avoid inadvertent admissions.

Attorney / Paralegal

An attorney or authorized staff member can complete portions based on interview data, certify accuracy, and attach exhibits such as police reports or lab results; their signature documents professional review.

Core Sections to Include in a Professional DUI Defense Questionnaire

A professional questionnaire organizes facts into discrete sections so investigators and counsel can quickly find key issues. Each section should permit timestamps, source attribution, and attachments for corroborating materials.

Stop Details

Date, time, location, and reason for stop; officer identifiers and badge numbers; vehicle position and lighting conditions; space for sketching positions.

Driver Observations

Client’s condition, clothing, odor observations, speech clarity, injuries, and admitted substances with times and amounts when known.

Field Sobriety Tests

Which SFSTs were given: HGN, walk-and-turn, one-leg stand, officer instructions, tolerance for nonstandard administration, and environmental factors affecting performance.

Chemical Testing

Breath, blood, or urine tests performed; time stamps for collection, device identifiers, chain-of-custody notes, and any refusals.

Witnesses & Media

Names and contact details for witnesses, bystander video sources, dashcam footage, and requests for body-worn camera or cruiser video.

Officer Conduct & Records

Requests for CAD logs, arrest reports, training records, calibration logs for breath machines, and disciplinary or complaint history when relevant.

Step-by-Step: Completing the DUI Defense Questionnaire

Follow a consistent sequence to ensure you capture initial facts, corroborating evidence, and items that require immediate legal action.

01

Gather basic facts: Start with date, time, location, and parties involved.
02

Record observations: Document client and officer observations in objective language.
03

Note tests and timings: Log SFSTs, breath/blood tests, and exact times.
04

Attach evidence: Include videos, reports, and chain-of-custody notes.

Customizing an Online Workflow for the Questionnaire

Configure fields, signer roles, and routing to match your intake process and discovery deadlines.

Field	Configuration
Client Input	Editable text fields with required validation
Attorney Review	Reviewer role with comment and redline capability
Evidence Upload	Accept PDF, MP4, JPG with size limits
Routing	Sequential signing: client → investigator → attorney

Where to Send the Completed Questionnaire and What Happens Next

Map the post-completion flow so responsibilities and deadlines are clear for discovery, expert review, and motion preparation.

Submit to Counsel: Send completed form and attachments to the lead attorney for analysis.
Request Records: Use documented facts to prepare subpoenas and evidence preservation letters.
Assign Follow-Up: Mark tasks for investigator actions, witness interviews, and lab challenges.
Archive with Audit: Store finalized form with timestamped audit trail for evidentiary use.

Distribution and eSubmission Options for the Questionnaire

Choose distribution channels that balance signer convenience and authentication strength.

Email Link: Low friction; relies on access to recipient inbox for basic authentication.
Secure Portal: Stronger access controls and centralized evidence storage.
Remote Notarization: Adds identity proofing and recorded AV session when notarization is required.

Common Mistakes to Avoid When Preparing the Questionnaire

Omitting precise times for stop and tests, which undermines challenges to testing delays or breath/blood timing.
Using subjective language (e.g., 'appeared intoxicated') instead of objective observations that can be tested against video.
Failing to record officer device identifiers and calibration data needed for machine reliability challenges.
Not attaching or labeling supporting evidence, making it harder to match statements to discovery documents.

Risks of Incomplete or Incorrect Questionnaire Responses

Lost Evidence: Delayed requests may forfeit video or degraded breath sample records.

Weakened Motions: Incomplete facts make suppression or Miranda challenges less credible.

Client Admissions: Careless wording can create unintended admissions in discovery.

Discovery Delays: Missing identifiers slow subpoenas and records retrieval.

Procedural Penalties: Missed deadlines can preclude filings or extensions.

Ethical Exposure: Neglected verification may raise competence or diligence concerns.

Time-Sensitive Deadlines and Processing Expectations

Track statutory and court deadlines triggered by arrest, discovery obligations, and testing timelines to preserve rights and evidence.

Evidence Preservation:

Request video and device logs immediately; delays reduce available footage.

Subpoena Timing:

Allow several weeks for agency processing; expedite when retention is short.

Administrative Hearings:

DMV or administrative license hearings often require timely request within state-specified periods.

Statute of Limitations:

Criminal filing deadlines vary by offense; consult local rules early.

Testing Windows:

Note breath/blood collection times to calculate retrograde extrapolation windows.

Notarization and Witness Authentication Steps

When notarization or witness attestation is required, follow a stepwise authentication process to ensure validity.

01

Confirm Requirement

Determine whether the questionnaire or an attached affidavit requires notarization under state law.

02

Choose Notary Type

Decide between in-person notary or RON where permitted and appropriate.

03

Verify Identity

Collect government ID and, for RON, use credential analysis or multifactor proofing.

04

Witness Presence

If witnesses are required, ensure they observe the signing and sign in the notary’s presence if law mandates.

05

Record Session

For RON, retain audio-video recordings per state retention rules and notary requirements.

06

Notary Certificate

Have the notary complete the appropriate acknowledgment or jurat template.

07

Retain Journal Entry

Ensure the notary logs the act in their official journal with details.

08

Attach Proof

Include notarization certificates and witness signatures with the final packet.

How the DUI Defense Questionnaire Differs from Similar Documents

Compare the questionnaire to intake forms, signed statements, and sworn affidavits to choose the correct instrument for each stage of representation.

Document Type	Questionnaire	Intake Form	Affidavit
Primary Purpose	fact capture	client onboarding	sworn testimony
Signature Requirement	not required	not required	notarized/jurat
Legal Weight	informational	administrative	evidentiary
Typical Use	defense prep	case management	court filings

eSignature Platform Pricing and Feature Comparison for This Questionnaire

Baseline pricing and feature availability for common eSignature vendors to help choose a platform that supports secure intake, audit trails, and optional HIPAA workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Yes	Yes	Yes	Yes
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About the DUI Defense Questionnaire

Answers to common implementation, validity, and evidence-preservation questions when using the questionnaire in defense practice.

Need help? Contact support

Can the questionnaire be signed electronically?
Yes. Electronic signatures are legally valid in the United States under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent to electronic records, attribution, and reliable retention. Use stronger authentication for high-risk disclosures.
Is notarization required for client statements?
Not usually for intake questionnaires; however, if the form will be used as sworn testimony or an affidavit, notarization or a jurat may be required by court rules or state law—confirm before submission.
What if an entry contains an error?
Do not obliterate entries. Add a dated correction with the author’s initials, note the reason, and preserve the original entry for integrity and audit trail purposes.
How should I handle missing officer or device IDs?
Flag missing identifiers immediately, issue targeted records requests, and document follow-up attempts to preserve spoliation claims and support discovery motions.
Can I rely on client recollection days later?
Client memory degrades; capture statements promptly and corroborate with objective evidence like video, CAD logs, and breath machine timestamps.
How long must I keep the completed questionnaire?
Retain the file for the case lifecycle plus applicable retention periods: generally at least 3 years post-closing and 6 years for HIPAA-related materials (45 CFR §164.530(j)); consult state-specific rules.

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