I got charged with DUI in Washington and it seems impossible for me to get out of this. Would it still be possible for me to win my case or shall I just give it up?

Mae

Bellevue, WA

Nothing would be impossible and anything could still happen if you try to fight your DUI case in Washington. All you need is a DUI lawyer who has an extensive track record of fighting and winning DUI cases. Through an experienced DUI lawyer, it’s not only possible to get DUI charges reduced to a lesser offense, but in some cases, a good DUI lawyer can be able to get them dismissed entirely. The DUI lawyer can also be able to put up DUI defenses applicable in your case. The line of DUI defense includes arguing constitutional violations and challenging blood alcohol content test results.

A DUI specialist would systematically review police reports for any lapses and inconsistencies in procedure. The DUI lawyer could also request complete disclosure concerning the machine used to test your blood alcohol level, the lab certification and the personnel involved in the maintenance and operation of the machine. With all these DUI defenses and more, you don’t have to think that it would be impossible for you to get out of your DUI charge.

If in case I get unlucky and be asked to take a blood alcohol test because of DUI here in 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.

I was recently charged with DUI in 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.

I am afraid my brother’s DUI arrest in 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 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.

I’m always careful about driving every time a have a little drink because I’m afraid of getting caught for drunk driving. What would I do during a DUI arrest in Washington and what are the different blood alcohol tests?

Freddie

Vancouver, WA

If in case in the future you will be pulled over by a police officer because of a DUI suspicion in Vancouver, Washington, never ever answer a police officer’s question pertaining to any information if you have been drinking. This would prevent incriminating statements that could be used against you in court. You should practice your Miranda Rights against self-incrimination especially if you are already under arrest. You also have a right to a lawyer if the police officer already placed you under arrest. If you will be asked to take the field sobriety tests, you can politely refuse to undergo any of it because you are not obligated to do so by law.

But if you will be asked to take the blood alcohol test, you simply cannot refuse the test because of the implied consent law that you agreed upon when you obtained your driver’s license. Under this law, you are obligated to submit to a chemical test to determine your blood alcohol content (BAC) and if you refuse to take the test, your driver’s license will be suspended immediately. There are three ways the police officer use to determine your BAC. First is the drawing of blood sample from your arm, second is obtaining a urine sample and third would be obtaining a breath sample by blowing into a machine called a breathalyzer.

I’ve been keeping myself constantly updated with the latest updates and developments about DUI, especially the defenses because I have once been wrongfully accused of the said offense in Bellingham, Washington but the charge was dismissed. I’ve heard so much about this rising blood alcohol level. What does rising blood alcohol level mean?

Emma

Bellingham, WA

It’s nice to know that your DUI charge in Bellingham, Washington had been dismissed if you were not really driving under the influence. Well, to answer your question, rising blood alcohol level is one the defenses being used in a DUI case. This means that a person suspected of DUI may have different blood alcohol content (BAC) reading that what it really is. For example, a person suspected of DUI can blow a .15 percent at the police station, but have had a .07 percent BAC when he got pulled over. This is because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create the peak blood alcohol level. This is very critical if the DUI traffic stop occurred relatively soon after the person finished drinking.

The BAC was probably still rising when the person blew in the machine which means that even if the BAC was above .08 person when the blood draw or breath test occurred at the police station (or hospital), it may well have been below .08 percent when the person was actually driving. There is no law against having a BAC above .08 percent at a police station; it’s only the BAC level while actually driving that counts for DUI purposes.