Memories fade and footage is overwritten. A practical guide to the notes, documents and potential evidence a person can preserve after a DUI arrest to help their lawyer.
In the days after a DUI arrest, most people want to forget the whole experience as quickly as possible. That is understandable. But the details that feel painful to revisit can turn out to be important. Memories fade quickly, paperwork gets lost, and potential evidence held by others, such as a restaurant’s security footage or a receipt showing what was ordered, may disappear within days or weeks.
Investigators and attorneys know that a case is only as good as its records. The same is true from the perspective of the person charged. This article explains what records a person can preserve after a DUI arrest to help their attorney evaluate the case. It is general information only, not legal advice. Talk to a lawyer about your specific situation, including what to write down and how to share it, because communications with an attorney may be protected in ways that other notes are not.
Why personal records matter
The official file in a DUI case is created by law enforcement. It reflects the officer’s observations and the procedures they documented. The person charged may remember things that were not written down: what they ate, how much they drank and over what time, medical conditions, the condition of the road, what was said, how long tests took and whether they understood instructions.
A lawyer reviewing the case may compare this account with reports and video to identify inconsistencies, missing information or issues worth exploring.
Write down your recollection, soon
As soon as practical, and ideally after speaking with an attorney about how to do so, write down your recollection of events. Consider including:
- Timeline of the day: when you woke up, meals, activities, work shifts
- Food and drink: what, how much, when and where, as accurately as you can
- Medications: any taken that day
- Health: injuries, conditions, fatigue or anything affecting balance, eyes or speech
- The driving: where you were going, the route and what happened before the stop
- The stop: location, lighting, weather, traffic, what the officer said and what you said
- Field sobriety tests: which were given, the instructions, the surface, footwear and how you felt
- Arrest and testing: what happened at the station, timing and what you were told
- Witnesses: anyone with you or who saw events
Be honest and precise. Note when you are unsure. Avoid guessing.
Keep every document
Gather all paperwork from the arrest and keep it in one place:
- Tickets or warrants
- Notice of suspension
- Implied consent forms
- Breath test ticket
- Bond paperwork
- Property receipts
- Tow and impound records
- Any court notices
Make copies or take clear photos as backup.
Identify potential evidence held by others
Some evidence may be held by people or businesses who will not keep it forever:
- Receipts: restaurant or bar tabs showing what was ordered and when
- Bank or card records: transaction times and places
- Security cameras: at businesses where you were or near the stop location
- Phone data: location history, photos and messages with timestamps
- Witnesses: friends, staff or bystanders
- Ride or parking records: app histories or parking receipts
Make a list and share it with your lawyer quickly. Your attorney can advise on appropriate ways to request or preserve evidence. Do not contact witnesses in ways that could be seen as influencing their accounts; let your lawyer guide that.
Photograph the scene
If it is safe and lawful to do so, photographs of the location of the stop and tests can show surface conditions, slopes, lighting and nearby features. Conditions can change, so photograph as soon as practical and note the date. Visit at a similar time of day if lighting is relevant.
Document medical information
If you have medical conditions, injuries or take medications that could affect balance, eye movements, speech or breath testing, gather relevant records to discuss with your attorney. A lawyer can determine what is relevant and how such information should be handled.
Be careful with social media and messages
Posts, messages and photos can become evidence. Avoid discussing the arrest, drinking or the case on social media or in messages. Do not delete existing content without first talking to a lawyer, because deleting material can raise its own legal issues.
Organize your records
Create a simple folder, physical or digital, with:
- Your written recollection
- All official paperwork
- Lists of potential evidence and witnesses
- Photos
- Receipts and records
- Deadlines and court dates
Organized records make it easier for an attorney to evaluate the case efficiently.
Keep track of deadlines
Write down every deadline: the administrative hearing request deadline, court dates and any bond conditions or program requirements. Set reminders.
Common questions
Should I write down everything, even things that make me look bad?
Discuss this with your lawyer first. An attorney can advise on how to document your recollection in a way that is useful and appropriately protected.
Can I request video from the police myself?
There may be ways, but it is usually best handled through your attorney and the discovery process.
How fast does business security footage get deleted?
It varies widely; some systems overwrite in days. That is why early action matters.
A sample recollection outline
Some people find it easier to write their recollection using headings, filling in each section as they remember details. A simple structure might be:
- The day before and the morning: sleep, work, meals and anything unusual
- The afternoon and evening: where you went, who you were with and what you ate and drank, with approximate times
- Leaving: why you decided to drive, where you were going and the route
- The stop: what you noticed first, where you pulled over and what the officer said
- Questions and answers: what you were asked and how you responded, as closely as you can recall
- Tests: each test, the instructions, the ground, your footwear and how you felt
- The arrest: what was said and done
- The station: the waiting period, what you were told about testing, the test itself and the paperwork
- Release: when and how you left
Write what you remember, not what you think should have happened. Mark uncertain details clearly. Your lawyer can then compare your account with the reports and recordings.
Why the details you think are minor can matter
People often leave out details that seem irrelevant: new shoes that pinched, a sore knee from a long walk on the beach, contact lenses that were irritated, a long drive earlier in the day, a meal eaten just before leaving, mints or mouthwash used in the car. Some of these details can matter when field sobriety tests, observations or breath tests are reviewed. It is better to include them and let your attorney decide what is relevant.
Records from your phone
Smartphones often hold time-stamped information that can help reconstruct an evening: photos with embedded times, messages, call logs, ride-share receipts, payment app records, fitness tracker data and location history. Some of this information can be deleted automatically after a set period. Talk to your lawyer about which records may be useful and how to preserve them properly, without altering or deleting anything.
Sharing records with your lawyer
Ask your attorney how they prefer to receive records. Many use secure client portals. Avoid forwarding sensitive information through social media messages or shared family accounts. Keep originals and send copies, and keep a simple list of what you sent and when.
Keeping your records secure
The records you gather may contain personal and sensitive information. Store them somewhere private, such as a locked folder or a password-protected device, and avoid leaving notes where family members, roommates or coworkers might read them. Do not share your written recollection with anyone other than your attorney unless your attorney advises otherwise; sharing it with others could affect whether it remains confidential.
If you use a computer or phone, avoid shared accounts and cloud folders that others can access. Ask your lawyer for the safest way to send documents. A little care at this stage prevents problems later.
A short preservation timeline
- First 24 to 48 hours: gather paperwork, note the hearing deadline, write down your recollection after speaking with a lawyer about how, and list places with cameras
- First week: hire or consult a lawyer, share your list of potential evidence, collect receipts and phone records
- First month: follow up on records requests through your attorney, photograph the scene if appropriate and organize everything in one folder
Acting within these windows gives the best chance that important records still exist when they are needed.
Records in a Grand Strand case
An evening in Myrtle Beach often involves multiple stops: dinner, a show, a bar on Ocean Boulevard, a walk on the boardwalk. Many of those places have cameras and point-of-sale systems that can document timing and what was ordered, and many visitors leave the area within days. Anyone arrested for DUI on the Grand Strand can work with Johnny Gardner, a Grand Strand DUI lawyer, to identify which records and potential evidence may be worth preserving quickly. This article cannot advise on any individual case.
This article is general educational information about legal processes, not legal advice. DUI laws and procedures vary and change. If you are facing a charge or a license suspension, speak with a licensed South Carolina attorney promptly.