Reader’s Question:

My brother got arrested for DUI in Yakima, Washington and he refused to take the breath test. Is it true that his driver’s license would automatically be suspended because of this?

Rhea
Yakima, WA

The State of Washington has an implied consent law which provides that after acquiring the driver’s license, the driver impliedly consents to blood alcohol testing if asked by a law enforcement officer. A refusal to take the breath test is in itself a criminal violation that is subject to stiff penalties. Since your brother refused to take the breath test when asked by an officer on a DUI investigation in Yakima, Washington, this breath test refusal could result in automatic driver’s license suspension or revocation. This driver’s license suspension for breath test refusal would be for one year.

The breath test refusal could also be used as evidence against your brother on his DUI case trial. If he is found guilty of his DUI charge, there could be additional penalties because of the breath test refusal, such as stiffer sentence. In order for him to protect his driver’s license, he needs to request a license suspension hearing and pay $100 to the Department of Licensing to cover the costs of the hearing.

Tags: breath test, driver’s license, drunk driving laws, DUI, DUI lawyer

Reader’s Question:

If in case I get unlucky and be asked to take a blood alcohol test because of DUI here in Federal Way, Washington, do I have a choice as to which kind of test I can take?

Joseph

Federal Way, WA

In Washington State, you have a choice as to how your blood alcohol would be measured. Should you be charged with DUI in Federal Way, Washington, you could be allowed to choose between a blood test and a breath test. You may take the required breath test and ask for additional blood test if you feel that the breath test would not give accurate results. Breath test is normally performed using a “breathalyzer” and in the state of Washington, a “datamaster,” which is a newer machine and much less complicated to use than a breathalyzer. With this machine, there is no interpretation required, unlike the “breathalyzer,” because the “datamaster” would print out a ticket with the mechanically determined breath test results.

Should you wish to verify sobriety, the best form to verify that is a blood test. Urine tests are actually the least accurate in measuring the blood alcohol content (BAC) because the urine often does not reflect your BAC at a particular point in time. But if you believe that your BAC would be over the legal limit of 0.08%, may wish to gamble on urine testing.

Tags: blood alcohol test, breath test, DUI, DUI lawyer, urine test

Reader’s Question:

My cousin was arrested for DUI here in East Seattle, Washington and he told me that his lawyer visited the place where he was arrested. Is it necessary for the lawyer to personally check out the arrest location?

Brynn

East Seattle, WA

Visiting the arrest location can be exceedingly crucial in your cousin’s DUI case in East Seattle, Washington. A good DUI defense lawyer usually takes pictures of the spot where the tests were given. The reason behind this is to point out that the particular location made the field sobriety tests difficult to perform. An example is that if there was a heavy traffic speeding by on a highway or if the of the road used for the roadside test is slanted because a slanting road automatically make the field sobriety tests more difficult to perform. Another thing is that a winding road may be able to explain erratic driving.

Seeing and knowing these things would make it much easier for your cousin’s DUI lawyer to ask probing questions about the field sobriety tests and in some cases, point out a physical impossibility to the jury. Another example is that the officer may testify that your cousin wove too many times on the road but there could not have been enough time for him to weave many times in a given stretch of road. There also could have been obstacles preventing him from driving with two wheels on the sidewalk.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I would not know what to do if I will be arrested for DUI in Tacoma, Washington because I haven’t experienced it and I don’t know anyone who already has. Can I contact a lawyer before deciding to take the blood or breath test or will they take it as a refusal?

Dan

Tacoma, WA

If you will be arrested for DUI in Tacoma, Washington, you should tell the officer that you are not refusing to take the blood or breath test, only that you want to talk to a lawyer before making the decision. This answer would demonstrate that you have the normal use of your mental faculties and most of the jurors will think that is what they would want to do if they were under arrest for DUI.

But Washington State DUI laws state that the person making the arrest shall take the arrested person or have him taken without unnecessary delay before a magistrate. The magistrate should then inform the person arrested what he/she is being charged with and his/her rights to hire a lawyer, remain silent, have a lawyer present during any interview with peace officer or attorneys representing the state, terminate the interview at anytime, request appointment of a lawyer if they cannot afford one and an examining trial. Therefore, an officer is being unfair if he/she tells you that you don’t have a right to a lawyer if you have already been arrested for DUI.

Tags: blood alcohol test, breath test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I find the finger-count test during a DUI investigation very amusing when I was asked to do this during a DUI stop in Shoreline, Washington. My question is, would a failure in this kind of test really an indication that the driver had been drinking?

Elaina

Shoreline, WA

Police officers in Shoreline, Washington often ask a driver to complete the field sobriety tests such as the finger-count test. But officers do not use the finger-count test to decide to arrest a driver because that decision has usually been made before the test starts. The results of the test are usually used to create probable cause to make an arrest and to obtain evidence for a DUI court case. Unlike the tests that are given in school, it is said that the finger-count exercise should not be even called a test because it is set up for drivers to fail.

The finger-count test is not a standardized field sobriety test recognized by the National Highway Transportation Safety Administration (NHTSA). Because of that, failure to this test is not really an indication that the driver is intoxicated and it carries less weight in court than a standardized test. The “clues” of intoxication that officers look for are extremely subjective, which means that they can be interpreted in a number of ways. Illness, nervousness and fatigue could cause a driver to “fail” the finger-count test. Certain injuries and illnesses that impair motor skills could also impact a driver’s performance. Police officers sometimes do not even conduct the test properly.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

A friend of mine was arrested for DUI in Renton, Washington and none of us actually really know what happens after a DUI arrest. What does he need to understand about his DUI case first and foremost?

Cailyn

Renton, WA

The very first thing that your friend needs to understand after his DUI arrest in Renton, Washington is that he is facing two separate prosecutions. The first case would be with the Washington State Department of Licensing. If he either provided a blood or breath sample that was above .08 percent, or he refused to submit to a blood or breath test at the hospital or police station, the Washington State Department of Licensing would attempt to suspend his driver’s license for a minimum 90 days to one year.

The second case that he would face after his DUI arrest is in the Washington criminal court system. The court where he will be ordered to appear would depend largely on where he was arrested. The DUI criminal court trial would start at his arraignment wherein he would enter a plea of guilty, not guilty or no contest. If he hired a DUI lawyer, he would not be required to appear on his first court date.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

I was recently charged with DUI in Tahoma-Maple Valley, Washington and I had a prior DUI. I was advised by someone that I should just take a deferred prosecution. It has already been explained to me the things that I should do if I will enter into the contract. Would it make sense if I agree with the deferred prosecution?

Anders

Tahoma-Maple Valley, WA

A deferred prosecution would make sense if you had a prior DUI conviction within the last seven years and if you are accused of other crimes that happened within one week of the DUI charge. So in your case, since you were recently charged with DUI in Tahoma-Maple Valley, Washington and you have a prior DUI conviction, it would make sense if you agree with the contract of having a deferred prosecution.

A second DUI conviction within a seven-year period, as you can see by looking at the mandatory minimum sentencing requirements, would carry a significant amount of jail time. For example, having a high blood alcohol content would have a requirement of 45 days of jail followed by 90 days of home detention and a driver’s license loss of 900 days (almost three years). The judge may impose more jail time, but not less. Most people could not financially survive this type of sentence. This is the main reason why a deferred prosecution could make sense if you are accused of DUI because the potential penalties could make the deferred prosecution worthwhile since DUI could be included within the deferred prosecution contract.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I’m concerned that my sister would be greatly affected after her DUI arrest in Kennewick, Washington. What would be the emotional and financial costs of DUI on her?

Vern

Kennewick, WA

After being arrested for DUI in Kennewick, Washington, your sister might be ashamed of telling everyone about the DUI arrest. It would also be shameful for her on having to go to court and dealing with the Department of Motor Vehicles (DMV). She also might feel shame of having to tell her boss about the DUI arrest. The psychological and emotional costs of DUI are actually different for everyone but it would be the same when it comes to financial cost.

Even if your sister decides not to fight the DUI charges against her, her finances would still take a big hit. The initial costs would be the fines, penalties and surcharges. If it would be required for her, it would also cost money to do the sheriff’s work program. She would also have to pay a fee to choose, within certain limits, when she serves her jail time so that it is the least disruptive to her life. There would also be a program fee for enrolment in the alcohol classes and she would have to pay the DMV for reinstating her driver’s license.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I am afraid my brother’s DUI arrest in Issaquah Plateau, Washington would have a negative impact on his record. Isn’t that everyone who is arrested for DUI guilty of the charge?

Silas

Issaquah Plateau, WA

It is absolutely not true that the belief that everyone who is arrested for DUI guilty of the charge. This is what we call “The Guilt Myth.” There are numerous ways in which a person could be falsely accused of DUI and your brother’s DUI arrest in Issaquah Plateau, Washington could just be one of them. For example, breathalyzers and field sobriety tests are extremely unreliable. If having a blood alcohol content of 0.08 percent is a crime and 0.079 is not, and if alcohol absorption is a time-sensitive process which varies with a person’s metabolism, a false accusation is highly possible that countless Americans have been the victim of.

It is a damaging myth that even some lawyers believe the notion that everyone who is accused of a DUI is guilty of the charge. But unconsciously, no lawyer who believes this myth is worthy of representing your brother on his DUI charge. If your brother certainly believes that he is innocent of the DUI charges against him, he needs to find a DUI lawyer who would definitely fight to prove just that.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I know that it is necessary for me to get a DUI lawyer to defend me in my DUI case here in Enumclaw Plateau, Washington. But what are the things that I need to know when hiring a DUI lawyer?

Stephanie

Enumclaw Plateau, WA

The first thing that you would need to take note when hiring a lawyer to defend you on your DUI case in Enumclaw Plateau, Washington is that the lawyer practices mainly on DUI cases. A lawyer who focuses his/her attention in DUI cases is what your really need because this kind of has knowledge and materials necessary for you to fight your DUI charge.

Next is that you also have to know if the lawyer is trustworthy. We know that some lawyers have a reputation for being money-hungry fast talkers. So, would you be comfortable in talking with this person? Make sure that the lawyer treat you with respect and is patient and upfront with you. If you don’t feel that the conversation is right, chances are that lawyer is not the one for you. Also, the DUI lawyer should explain exactly what he/she will do for you and would let you know if there are any extra charges for certain services, also known as “hidden fees.”

Tags: DUI, DUI advice, DUI lawyer