Section 3.28 Client Interview

• Library: Criminal Practice 2012 Supp

A. (§3.28) Client Interview

It seems appropriate to include driving while intoxicated (DWI) as a separate category because of the many changes that are occurring in the Missouri legislature attempting to discourage all citizens from drinking and driving and increasing the penalties. See generally Missouri DWI Law and Practice (MoBar 2004). Often, the initial client-attorney contact will occur by phone in the late evening or early morning hours when a client has been arrested for DWI and has been asked by the arresting officer to submit to some form of blood alcohol test under the implied consent law.

This form of client interview takes on an entirely different perspective from the usual interview. The time for advice is relatively short and the variables are myriad. Further, there is a limitation on the accuracy of the information that can be obtained from an impaired client regardless of whether that client is violating the law. See Stenzel v. State, Dep’t of Revenue, 536 S.W.2d 163 (Mo. App. E.D. 1976). Counsel’s advice to the caller/defendant is critical as to whether the defendant will be allowed to keep the driving privilege or license that has previously been issued by the Missouri Department of Revenue, and the results of the test, if given, may be used later against the defendant in criminal or quasi-criminal (administrative) proceedings.

Because the caller may be drunk and is likely, at the very least, impaired...