Driving under the work on of drugs/and or alcohol is one of the most base crimes committed and prosecuted in the state of Washington. It is a crime that affects population of all walks of life, of all professions, and of all backgrounds, and it can be a very trying process. I am hoping that if you are reading this you or a close friend or family member have been charged with only their first Washington Dui. Whether in Seattle, Kirkland, Bellevue, Tacoma, or any other Washington city, the process for dealing with a Dui fee is pretty much the same. And before I get into this, please understand that this is not legal advice, and should not be construed as legal advice. If you have legal questions regarding a Washington State Dui, please consult an attorney.
Almost all driving while intoxicated cases begin with a traffic stop. Most of the time the a police officer witnesses a driver driving erratically, swerving, crossing the yellow line, or even swerving in their own lane (yes, believe it or not, courts have decided that swerving in your own land, not crossing any lines, may arouse enough suspicion for a cop to pull you over to investigate). But it can also occur because a traffic violation has occurred. Most of the time these are what I call "bad luck" traffic violations, and they consist of having your license plate light out, having expired license tabs, failing to use a turn signal, or exceeding the speed limit by less than 10 miles. I call these "bad luck" violations because you typically wouldn't be pulled over for them. It is only your bad luck that a police officer wandered behind you after you (allegedly) have had to much to drink.
Attorney Washington
Once you have been pulled over by the cop, then the prominent stuff begins. First, the cop at this point has no idea that you are driving drunk. At this point all you can do is give him a laundry list of reasons why he should arrest you, so shut up! When the cop approaches he will probably ask for your license and registration and ask why you think he pulled you over. Resist the urge to talk. Hand him the documents, and fast account for that you have don't know why he pulled you over. Here the police officer is going to try to get you to talk - he needs to be able to point to positive cues all officers look for so he can cite them in his Dui arrest description (glassy eyes, slurred speech, smell of alcohol). If he begins request you questions, you can and should tell the officer that you do not wish to speak to him (and make up an excuse why you are in a hurry to get home - being tired is a great one because it explains some of the symptoms of drunk driving, glassy bloodshot eyes in particular). You have the right to remain silent and do not have to acknowledge any of the officer's questions if you don't want to.
Let's assume now that the cop thinks you've been driving drunk. The next thing he is going to do is ask you to get out of the car and take some field sobriety tests. Don't do it! You have the right to refuse to take field sobriety tests in the State of Washington and it cannot be used against you. The protection against illegal crusade and seizures in Washington includes field sobriety tests and even any questions answered at this point that might be incriminating (unless the officer has read you Miranda, at which point you should ask for an attorney anyway and invoke your right to silence). Unless you are completely sober there is no surmise to take a field sobriety test - all these do is give the prosecutor more evidence to use against you at trial.
Up to this point, you have been pulled over by a police officer, have been asked to step out of the car, and hopefully have said exiguous and done nothing else. At this point the cop has to make a tough decision. He Whether has to arrest you for driving under the work on or let you go. The qoute arises for the officer because he shouldn't have a lot of information to base his decision on (this is assuming you aren't falling over drunk, in which case you deserve what you get). He needs to have probable cause to arrest you, and without that, everything else done after can fall apart. But don't hold your breath, he is going to arrest you.
After being arrested, the police will read you your Miranda Rights. At this point you have one very prominent thing to do - ask to speak with an attorney immediately. In Washington, Dui's are seen, correctly, as crimes whose evidence is gathered fast and lost just as fast (the alcohol in your system). Because of this, the Washington State consummate Court has ruled that having an attorney immediately, if requested, is the only way to ensure your ownership are protected. Attorney's from the communal defender's office are on call to accept inquiries after business hours, so no matter what time of the day or night, ask for an attorney, and indubitably speak to them. The information they give you will be invaluable.
After this comes the implied consent proclamation and your request to take the breath test. Some population propose that you should always refuse the breath test, but I tend to disagree for a integrate of reasons. First, you are guaranteed to lose your license for a year (by driving in Washington you impliedly consent to a breath test - you can refuse but have to deal with the penalty), whereas with a breath test it's only 90 days for your first offense (and there is a new rule with interlock ignition devices, so you may not lose your potential to drive at all). Second, the breath test can be beat, if you indubitably need to. Good Dui lawyers know the weaknesses of the tests, and can point all of those out at trial. I'm not saying you can beat it all the time, I'm just saying there are flaws in the test that at times can equal inexpensive doubt. And third, a refusal can be used against you at court. Of course, you could come up with a good excuse for refusing (and if you are wasted it might be something to think about, as the punishment for having a breath test over .15 is harsher), for example, the lack of credibility of the test, but it doesn't look that good in court.
After all of this, you will probably be issued a excerpt for drunk driving and be released to appear at your court date, commonly scheduled within the next 1-2 days. And consideration I didn't say whatever about your breath test. That's because it doesn't matter. Even if you blow .00 you could still be charged with driving under the influence. So just know that if you make it that far and you think you're getting out, you might not be.
Washington Dui Process From Traffic Stop to First Appearance
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