DUI Laws in Washington State are some of the toughest around, if you've been charged with a DUI, you are not alone.
You are driving home from a late dinner at a friends house. You see an officer two lanes over about 100 feet behind you and you tense up. You carefully look at your speedometer and the lane dividers, and you tighten your grip on the steering wheel. But it's too late, you see the red and blue, and the officer pulls you over and asks you how many drinks you've had.
Before you know it, you are on the side of the road, blinding lights flashing in your eyes, and asked to perform a series of tests on the slanted gravel shoulder. The officer decides that you failed the test, but it seems there are no standards at all. Now you are in the back of the police car traveling towards the jail, and all you want to do is call a loved one.
You are threatened with the loss of a license, hiked insurance rates, and told to make an immediate decision on whether or not to blow.... You are not alone.
Keep Your Driver's License
Normally, if you've been pulled over for a DUI you will face license suspension. You have 20 days to contest your license suspension. If you do nothing, in 60 days your license will be suspended. Since you are entitled to a hearing for your license, you must take advantage, or if, after having a lawyer assess the case, you decide not to contest, you may be eligible for a variety of special licenses.
Did you perform the field sobriety tests?
Normally, if the officers smells alcohol or any other substance, you will have to step out of the patrol car and asked whether you will submit to the voluntary field sobriety tests. The officer must explain to you that you are not required to take this test. And normally, if you refuse to take these tests, you will be in a better position than if you chose to complete them. Why? These tests are subjective and the officer can 'score you' poorly, based on his subjective beliefs... what does this mean? The test is not as standardized as officers would have you believe. And if you took the field sobriety tests, make sure your lawyer knows how to exploit the advantage of the training manual, during cross examination of the arresting officers.
Was the BAC low, innacurate or non existent?
First, the officer will tell you that you must blow or you will lose your license, and have you sign a document to this effect. Next, he or she will check your mouth to make sure you don't have any foreign substance. All of the actions the officer takes during the breath and/or blood test have specific procedures, outlined in a code called the WAC ("Washington Administrative Code") The officer will ask about everything from mints to dentures. If If you have nothing in your mouth, you will be asked to blow after a fifteen minute wait period. You must blow very hard into the machine, and failure to blow hard enough will result in an incomplete test. And ultimately, you may be asked to submit to a blood test. Once blood or breath test results are in the police records, you must fight the breath machine, or face conviction.
My thorough approach identifies possible loopholes that can get your case dismissed. I can help you win your case or negotiate a better deal. Call today.
Want to know more about how I can help you? Call today at: (253) 383-4200 for your free consultation.
"Jeffrey is very knowledgeable and is an asset to anyone accused of a criminal charge. "
-Ken Blanford, Tacoma Criminal Defense Attorney
"Jeff has a professional demeanor that is respected by judges and fellow attorneys."
-Christopher Carney, Seattle Lawyer
