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Bellevue DUI Lawyers

1. Weinberg, Phillip: DUI / DWI Deferred Prosecution License Suspension / Revocation Hearings (DOL) Reckless / Negligent Driving Driving Suspended / Revoked Hit and Run Assault Domestic Violence No-contact Order Violations Resisting Arrest Shoplifting / Theft Forgery Drugs / VUCSA Pre-trial Defense / Trials Felonies & Misdemeanors
2. Bonnell, Peter: There are many things can go wrong with a DUI arrest, from the perspective of police procedure. Weather, a persistent medical condition, and uneven road conditions can all lead to reasonable suspicion that you are driving while drunk.
3. Goddard Wetherall Wonder & Padula: Just because you have been arrested for a Washington DUI does not mean you should plead guilty. The Washington DUI laws for even a first DUI conviction are harsh. You may have to spend up to one year in jail, pay fines of up to $5,000, pay fees for ignition interlock devices for up to five years, go to alcohol evaluation and treatment for up to two years. A Washington DUI is not a joke and shouldnÕt be taken lightly. In addition to the potential criminal penalties, you may face big problems with your privilege to drive. A conviction for Washington DUI may result in a 90-day driverÕs license suspension followed a probationary license for five years. ItÕs true. You may have to drive and live under the watchful eye of the government for five years following a Washington DUI conviction! Not only do you have criminal punishments, but you may also have to deal with your insurance company. Following a Washington DUI conviction, your car insurance company may drop coverage or raise your rates to astronomical rates. So, if youÕve been arrested for DUI, what should you do?
4. Sonny & Shin: Drunk driving in Washington is a very serious offense. A DUI conviction can lead to higher insurance rates, a loss of your driver's license, excessive fines and even jail time. Drunk driving is sometimes referred to as DUI (driving under the influence of drugs or alcohol) or DWI (driving while imbibing or driving while intoxicated).
5. Yurchak, Reed: All traffic law violations are handled including speeding ticket defense, driving with suspended license, DUI criminal defense lawyer representation, reckless driving, racing, negligent driving, no valid operator's license, no valid insurance, and all types of auto accidents and vehicle injury defense or recovery of compensation. Speed traps and radar are prone to failure and the officer is often not trained to use the faulty equipment. They don't always keep records of the last repair date or the last time the particular machine broke and was fixed. Of course I subpoena the same information from the state of Washington for the breathalyzer in DUI defense cases. But in the end you may realize that it is easier to just turn the case over to me as your ticket lawyer or DUI criminal defense lawyer because it is easier to stop guessing at the law and prosecutor backlogs and let me take over everything for you. Once you pay my fee you can forget about the whole matter. You can rest assured that every procedural or court rule loophole or difficulty will be exploited to get your traffic violation dismissed quickly. In DUI law and practice I have gotten many straight, flat out dismissals of the charge where the plea bargain offered by the prosecutor started out at over one year license suspension and many days in jail. I can help you fight your traffic ticket in Spokane or Seattle. We have three law firm offices to meet with you: Bellevue, Spokane and Vancouver, WA.
6. Duarte, Franciso: The Legal Limit is Not Really .08! The law defines the crime of driving under the influence (DUI/DWI) as driving with an alcohol concentration at .08 or higher. (See Male and Female BAC Chart.) We all know this. It is virtually impossible to miss the .08 signs on the side of the road, the TV public announcements, the motor-vehicle driving booklet, the news reports about DUI laws, etc., etc. What is not well known about the DUI laws is that it has another definition. It is illegal to drive when a person is under the influence of or affected by alcohol and/or drugs. In other words, a person is guilty of DUI if his or her ability to drive is lessened to any appreciable degree, regardless of the quantity of alcohol or drugs in their system. This means that a person who blows below .08 may be arrested, charged, and convicted of DUI. It also means that a person with no alcohol in their system, but who has some quantity of drugs in his or her system, including prescription medications, may be convicted of DUI. This part of the law is not well known or understood by the public. I have represented many individuals who have been accused of DUI with very low alcohol concentrationsÑas low as .02, the equivalent of a 12 oz. beer. Also, I have represented senior citizens who have been accused of DUI when they had taken only their prescribed medication as ordered by physicians. Surprisingly, it is not a defense to the charge of DUI that the person was entitled to use the prescribed medication. People who find themselves in this situation are shocked when they discover these details about the DUI laws. On top of being scared, ashamed, and depressed, they feel a great sense of frustration because they believe, and rightly so, that they were misled by the government. Often I hear questions like how fair is it for the government to profit from alcohol sales and at the same time prosecute people who donÕt exceed the legal limit? How can an elderly person with a clean record be accused of DUI when they were taking their meds as required? The answer to all of these questions, of course, is unsettling and unsatisfying--thatÕs the law! The Legislature, in its infinite wisdom, passed these laws believing them to be right. The shocking revelations about the DUI laws do not end here. It actually gets worse when these folks find out that the evidence to be presented against them often consist solely of the subjective opinion of the arresting police officer. The officer will be called at trial to express an opinion about the accusedÕs sobriety state, citing to his or her experience as a police officer and to his or her observations about the accused. The testimony is often bolstered by reference to roadside tests, otherwise known in law enforcement circles as field sobriety tests, which are not even designed to measure a personÕs ability to drive. These tests are no more than physical exercises designed to create imbalance, but spun to convince a jury that they mean something a kin to a forensic breath or blood test. There is no question that driving intoxicated is dangerous and it should be stopped. Also, there cannot be any question that the laws as they stand leave too much room for unfair treatment and unjust prosecutions. Perhaps the law should be that no person should drive after consuming any amount of alcohol. That way, every citizen will clearly understand what is expected and what the law requires. Most importantly, it removes from the equation the flaw in prosecuting and convicting persons on the subjective opinion of witnesses.
7. Goodson, David: BAC Calculator
8. Smith, Vernon: WashingtonÕs DUI/Physical Control Law DUI/physical control laws in Washington are among the toughest in the nation. You need a lawyer whose practice focuses on DUI defense and who is at the cutting edge of the latest challenges to current law, breath tests, blood tests, and evidentiary issues. Simply put, you need a lawyer board certified in DUI defense.* A DUI or Physical Control conviction will trigger mandatory jail time, loss of license, up to 5 years of probation, 3 years of high risk insurance, no driving without an Ignition Interlock Device for at least one year, possible electronic home detention, and you will be barred from Canada! What To Do If Pulled Over THE STOP: A police officer needs a legal basis to stop you as you drive on the roads and highways of Washington. Legal stops can range from any moving violation (e.g., speeding, un-signaled lane change, driving too fast for conditions) to something as simple as a burned out license plate light. Also, a police officer may contact you after even a minor traffic accident of if you are parked on the side of the road under a doctrine known as the Community Caretaker Function.
9. Korn, Jacob: Being arrested and accused of a DUI can result in roadside humiliation, as well as trauma in the police precinct and the courtroom. If you lose your license, you could lose your job. In addition, the threat of jail raises nightmarish concerns about your personal safety.
10. Mason & Baker: More than any other piece of evidence, the Field Sobriety Tests or FSTs are perhaps the most controversial and lacking in scientific validity. Nevertheless these "tests" provide some of the most crucial evidence in the criminal case. This is especially true ifÊdefense counsel is able to suppress the breath or blood test and keep the evidence from coming before the jury. The tests also generally provide the basis for probable cause to arrest the driver. Like many police procedures, in theÊearly days, law enforcement used a number of various tests and procedures at the DUI roadside. In the late 1970s, the National Traffic Safety Administration or NHTSA began a number of controversial studies to help standardize the methods. They also began to develop a regular uniform training and protocol in an attempt to make the "socring" or evaluation consistent. As a result, the federal agency determined that only three tests contain any measure of reliability. These are the (1) Horizonatal Gaze Nystagmus, (2) the Walk and Turn and (3) the One-LegÊStand.ÊÊ In the HGN, the driver is asked to follow an object, usually a pen light, as it is traced in front of them at a close distance. They are required to follow with their eyes while keeping their head still. The purpose of this test is to determine if the eyes fail to follow in a smooth pursuit and or begin a rapid, jerky movement prior to the object reaching 45 degrees from the center. The One-Leg Stand is essentially a balance test. The driver is required to stand straight with his heels together and with his arms at this side. He is then asked to raise a leg approximately six inches from the ground and hold it for 30 seconds. The officer must look for swaying, arm usage, and whter the subject places their foot down before the time is up.Ê The Walk and Turn is by far the most complex and difficult of the tests. The driver is asked to walk nine steps in an absolutely straight line and absolutely heel to toe. He then must make an unusual pivot turn with his left foot and walk back in the same exact manner. The officer looks for balance, gaps in step, and the ability to follow direction exactly. ÊÊÊÊÊÊÊÊ
11. Jones, Christopher: In addition to driving under the influence of alcohol and driving under the influence of other drugs, Operating while under the Influence can also be driving under the combined influence of alcohol and other drugs. Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended.
12. John J. Polito: If you have experienced a drunk driving arrest in King County there are many factors you must consider. How will this affect your ability to drive to work, your insurance rates, and your overall financial situation? Will you face jail time? In addition to criminal charges, the state of Washington will also come after drunk drivers through the Department of Licensing, suspending your ability to drive.
13. G.D. Sierra: When you are facing a criminal offense in municipal court, such as drunk driving (DWI), traffic violation, suspended license issue, hit & run/reckless driving, other misdemeanors, or a felony like drug possession, you need an experienced criminal attorney to protect your rights and defend you. The government will work hard to convict you. We will work hard to protect you.
14. Rene Cespedes: A DUI trial can last anywhere from 1 to 4 days, depending on the number of witnesses and the complexity of the case. Additional motions may sometimes be brought at this time depending on the facts of your case. The next step is selecting a jury called voir dire. Both the prosecutor and your attorney can questions prospective jurors to ensure that they can be fair and impartial to both sides. Both the prosecutor and the defense can excuse jurors that cannot be fair and impartial. After the jury is selected, the prosecutor gives their opening statement. This is a summary of what anticipated evidence. Your attorney can also give an opening statement at this time or wait until the defense case begins. The prosecutor presents their case by calling witnesses. The defense is allowed to ask questions of the witnesses through a process called "cross examination." After the prosecution has presented all of their evidence they conclude their case by "resting." The defense can then being to present their evidence if they so choose. The defense is not required to present any evidence and can simply rely on the lack of proof or inadequacy of the prosecutor"s case. After all of the evidence is presented, the judge instructs the jury on the law of the case. The prosecutor and the defense present their closing arguments and the jury then commences deliberation, or a discussion of the law and the evidence. Deliberation can last a few minutes to days, depending on the jury. The jury can vote to acquit, convict or be deadlocked (unable to reach a unanimous verdict). If you are acquitted, you are discharged from any further obligation to the court. If you are convicted, the next step will be sentencing which can take place after the trial or on a different date. If the jury is deadlocked, the prosecutor could dismiss the case, retry the case or offer a more favorable plea bargain.
15. Advantage Legal Group: Deviation from Protocol in Administration of the SFST Battery As the accuracy of SFST results depends on an officer following standardized procedures during test administration, the NHTSA encourages states to implement refresher training requirements for practitioners. Despite the significance of compliance with standardized procedures in the administration of the SFST battery, courts have upheld WAT and OLS test results even when an officer has deviated from protocol. This is because physical agility exercises can be interpreted by police officers and by others in court. On the other hand, because of its scientific nature, the HGN test is less open to interpretation and courts are more likely to suppress the results of the HGN test when an officer has failed to strictly comply with protocol. Accordingly, courts often require prosecutors to lay the foundation for the admission of HGN evidence via expert testimony. Prosecutors often call on local optometrists to testify as experts in DUI trials. Optometrists in numerous DUI trials have based their expert testimony on a resolution adopted by the American Optometric Association, which endorses the HGN test as scientifically valid and reliable.
16. Kevin Tarvin: If you or someone you love has been arrested for a DUI/DWI, felony or misdemeanor, then you need a lawyer with excellent legal experience.
17. Angela Griffin: Many people make the mistake of driving after they have had too much to drink. Some are caught and charged with DUI. It's an embarrassing situation, and it can have long-ranging consequences. In the state of Washington, you can lose your driver's license for a period of time. You face possible jail time, fines, court costs, and increased insurance costs. Your job can even be jeopardized. You need an attorney who has experience and a proven track record in this area of law. You need an attorney who can guide you through the court hearings as well as the administrative hearings. At the same time, you want an attorney who will understand your side of things and who won't judge you based on a mistake.
18. Cespedes & Griffin: Your first court appearance is usually an arraignment. At your arraignment the judge will usually advise you of the maximum penalty, minimum penalties and your trial rights. You will be asked your name and asked to enter a plea of guilty or not guilty. You will also be asked to decide between a bench or judge trial, or a jury trial. You should enter a plea of not guilty and ask for a jury trial in order to preserve all of your rights until you have had an opportunity to retain an attorney.
19. Felix Landau: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
20. Hayne, Stephen: A person is charged with DUI if he or she is alleged to have driven with a .08 BAC within two hours of driving; or is believed to have been under the influence of liquor and/or drugs while driving. This means that you can have a BAC level below .08 and still be charged with DUI. As long as you display symptoms of being under the influence of alcohol and/or drugs, you may still be prosecuted for DUI even if your BAC level falls below .08. However, DUI law is more complex than just the Driving Under the Influence charge. Just by being in the drivers seat of a non-moving vehicle with a BAC level of .08, you can be prosecuted for a DUI charge and face the possibility of losing your license. A driver may be charged with the crime of Physical Control of the Vehicle Under the Influence if he or she is alleged to have been in actual physical control of a vehicle while intoxicated. Additionally, any driver who is under 21 and has a BAC of .02 within two hours of driving can be charged with a violation of the Driver Under 21 Consuming Alcohol law. This is considered a very serious offense and, if convicted, is grounds for losing your license.
21. Cowan Law Firm: An officer must have what is referred to as "reasonable suspicion" to believe you have violated some law in order to make a traffic stop. Random stops, stops based on "a hunch," and roadblocks are not legal in Washington. Getting a DUI What happens during a DUI stop? 1. What should I say? 2. Do I have to take the "field sobriety tests?" 3. Do I have to take a portable breath test (PBT)? 4. Does the officer have to read me my rights? 5. Do I have to take a breath test at the police station? 6. What happens during a DUI stop? An officer must have what is referred to as "reasonable suspicion" to believe you have violated some law in order to make a traffic stop. Random stops, stops based on "a hunch," and roadblocks are not legal in Washington. According to the National Highway Traffic Safety Administration (NHTSA), the following is a list of symptoms, and the percentage chance that a driver at night is legally drunk: * Turning with a wide radius 65% * Straddling center or lane marker 65% * Appearing to be drunk (e.g. slouching in the seat, gesturing erratically or obscenely, eye fixation, tightly gripping the steering wheel, face close to the windshield, drinking in the vehicle, head protruding from the vehicle) 60% * Weaving 60% * Driving on other than designated roadway 55% * Swerving 50% * Slow speed (More than 10MPH below speed limit) 50% * Stopping (without cause) in traffic lane 50% * Following too closely 50% * Drifting 50% * Tires on center or lane marker 45% * Braking erratically 45% * Driving into opposing or crossing traffic 45% * Signaling inconsistent with driving actions 40% * Slow response to traffic signals 40% * Stopping inappropriately (other than in traffic lane) 35% * Turning abruptly or illegally 35% * Accelerating or decelerating rapidly 30% * Headlights off 30% However, the officer does not have to observe any bad driving to pull you over. A burned out license plate light or headlight is sufficient legal justification to stop your car. During the stopping sequence, the officer will continue to observe your driving for anything unusual: attempting to flee, responding slowly or failing to respond to the stop command, swerving abruptly, stopping suddenly or striking the curb when pulling over. When you are pulled over, you should immediately retrieve your driver's license, registration and proof of insurance before the officer approaches your window and asks for these documents. Roll your window down. If the officer witnesses you fumbling for your paperwork, or having difficulty with the window (due to nervousness or unfamiliarity with the car) he will undoubtedly attribute these actions to intoxication rather than stress. Avoid this possibility by having everything ready. Also, do not take off your seat belt until after you first speak with the officer. Understand that the officer's goal in every DUI stop is to gather evidence. He will be using his senses of sight, hearing and smell to collect evidence against you, and will do very little to gather or record evidence that will help you. The officer is looking for: * Red * Watery * glassy and/or bloodshot and eyes * Flushed face * Soiled clothing * Fumbling fingers * Alcohol containers * Disheveled or unbuttoned clothes * Drugs or drug paraphernalia * Bruises * Bumps or Scratches The officer is listening for: * Slurred or thick-tongued speech * Inconsistent and/or slow responses * Admissions of alcohol consumption or intoxication * Abusive language * Unusual statements The officer is sniffing for: * Alcoholic beverages * Marijuana * "Cover up" odors such a breath sprays * Mints * Chewing gum or smoke * Unusual odors Remember, always be courteous towards the officer. Never argue or debate with him. You will inevitably lose, and it will be used against you in a court later. Most importantly, never lie about anything. In other words, if have been drinking, don't deny it. Doing so can damage your credibility later in court. If the truth hurts, it far better to politely decline to answer questions and ask to speak to a lawyer. If the officer suspects you are impaired, you will be asked to get out of your car. At this point the officer will be paying close attention to your coordination during the exit, which will, in the officer's mind provide evidence of your intoxication. Specifically, the officer will be observing: * If you cannot follow instructions * If you cannot open the door easily * If you leave the ignition on * If you leave the car in gear * If you "stumble" getting out of the car * If you are swaying or unstable on your feet * If you use the door for support while exiting * If you lean against the vehicle * If you keep your hands on the vehicle for balance After you have exited your car, the officer will instruct you to perform a series of so-called "field sobriety tests" including all or a combination of the following: * Reciting the alphabet * Walking a straight line in a heel-to-to fashion * Standing on one foot for approximately 30 seconds * Finger counting * Closing your eyes, leaning your head back and touching the tip of your index finger to the tip of your nose * Examining your eyes to determine if there is any "jerkiness" by having you follow a pen or finger * In addition to these "tests," most officers use a device known as a preliminary or portable breath test (PBT). This type of breath testing device cannot be used in your trial, so will not fulfill your obligation to take a breath test at the police station pursuant to the implied consent law. If you take the test and flunk it, however, you will be arrested. If I am stopped by a police officer and he asks me if I've been drinking, what should I say? You are not required to answer potentially incriminating questions. A polite "I would like to speak with a lawyer before I answer questions" is a good reply. On the other hand, if the truth is that you consumed two beers over the past three hours, that kind of admission will not hurt you and may explain the odor of alcohol on your breath. The most important thing is never lie about anything! It will only damage your credibility when you go to court. If you feel the officer's questions are becoming overbearing or accusatory, or his tone of voice or behavior becomes intimidating, ask to speak to a lawyer, and do not make any further statements until you have had the opportunity to do so. Do I have to take the "field sobriety tests?" Unlike blood and breath testing, submitting to "field sobriety tests" is strictly voluntary, although few police officers will tell you so. In many respects, these tests are designed for failure and of the several tests the officer might ask you to take, only three have been shown to have any relevance to proving legal intoxication. The alphabet test, the finger-to-nose test, the finger-count test and the standing balance (usually administered along with the finger-to-nose test) are scientifically proven to not correlate to legal intoxication. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN. HGN - In this test the officer has you follow a penlight (or finger or pencil) and attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation). If this occurs before 45 degrees, it theoretically indicates a blood alcohol concentration over .05%. The smoothness of the eye's tracking is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This test has been shown to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset, and make what amounts to a medical diagnosis that is best left to neurologists and ophthalmologists. Even under laboratory conditions, this test has only been established of be accurate in predicting a blood alcohol content above .10% 77% of the time. One Leg Stand - In this test you will be asked to stand on one foot for approximately 30 seconds, while the officer looks for four things: * Do you sway while balancing? * Do you use your arms to balance? * Do you hop? * Do you put your foot down? According to NHTSA if you are unable to satisfactorily perform this test by doing two or more of the above, there is a 65% probability that you have a blood alcohol concentration of .10% or more. Heel-to-Toe - In this test the officer is required to find a visible line. You will be asked to stand on this line in a heel-to-toe position while receiving instructions. The officer will have you walk on this line for nine steps, heel to toe, turn in a specified manner, and walk nine steps back. The officer will be looking for eight things: * Can you balance during the instruction phase? * Do you start the test too soon? * Do you stop while walking? * Do you touch heel-to-toe each step? * Do you step off of the line? * Do you use your arms for balance? * Do you lose your balance on the turn, or do you turn incorrectly? * Do you take the wrong number of steps? An additional test that is frequently requested is a preliminary or portable breath test (PBT). That test is discussed elsewhere in this section of the web site A driver who refuses to take the "field sobriety tests" forces the officer to make the decision to arrest based upon whatever evidence the officer has obtained prior to the point the tests were refused. The reality is officers have usually made up their mind to arrest before they give the FSTs; the tests are simply additional evidence to use against you in court. While an arrest may be avoided if the tests are taken and successfully completed, the tests are so subjective (what appears to be "swaying" to one officer may not be to another) that the best action may well be to politely decline until you have had the opportunity to talk to a lawyer. There are two caveats. One is that refusing the tests will definitely heighten the officer's suspicion and may result in an immediate arrest. Second, a prosecutor may be allowed to argue that your refusal evidences a consciousness of guilt. Regardless, if you have been drinking, submitting to "field sobriety tests" is a momentous decision that will likely affect your case adversely. Do I have to take a portable breath test (PBT)? A PBT is a hand held breath-testing device that is carried by most police officers in their patrol car. It is given at roadside along with other "field sobriety tests" for the stated purpose of assisting the officer in deciding whether or not to make an arrest. Occasionally the officer will use the results to exclude alcohol intoxication where the officer suspects drugs. The results of the PBT are not admissible in trial, but, if presented properly by the prosecutor, may be used in certain preliminary hearings held to establish whether or not the officer had legal cause to arrest. Submitting to the PBT is strictly voluntary, although the driver is rarely informed of that. Refusal to submit to the test will usually result in an arrest for DUI. But the fact of a refusal is not admissible at trial, and you will not lose your license or suffer any other sanctions for refusing. Accordingly, there is a critical difference between the PBT and the "official" breath test that will be requested after arrest at the police station, known as the DataMaster. Do not confuse the two tests! You do not have to submit to the PBT on the street. But if you refuse to take the test on the DataMaster at the police station you will face at least a one-year license revocation. Some people think that because they took a breath test on the street that they don't need to take another one at the police station because the difference is not adequately explained to them. Don't make the same mistake! If arrested for DUI, ask to speak to a lawyer immediately. Does the officer have to read me my rights? What if he/she doesn't? Do I have the right to talk to a lawyer? Almost everyone is familiar with the "Miranda rights" that are read to a person who has been arrested. But when those rights must be read depends upon the facts and circumstances of each case. Originally, the Miranda rule was intended to insure that citizens were aware of their rights before being questioned by the police. But the application of the rule, and the consequences for the police violating it, has been expanded and further defined by statutes, court rules and subsequent court decisions. Generally speaking, the officer must read you your rights when you are arrested. If the officer fails to do so, the prosecution cannot use any statements you make in response to questions, no matter how important the information is to the prosecutor's case. An exception can occur if, at your trial, you testify to facts different from what you told the officer. Then the prosecutor may be able to ask the officer what you said on the night of your arrest. In Washington, the rule has been expanded from the original Miranda rule, which simply provided that a suspect has the right to remain silent and not answer questions until talking with a lawyer. As a result of a court rule adopted by the Washington State Supreme Court, an arrested person has the right to talk to an attorney for any purpose, not just to find out whether or not to answer questions. This is particularly important in DUI cases, because it means an arrested person can talk to an attorney to find out whether or not to take a breath test, as well as other things he or she should or should not do while in custody, or after release. Failure to advise a person of the Miranda rights typically does not result in dismissal of the case. The remedy is suppression or exclusion of evidence obtained after the violation of the suspect's rights has occurred up to the point in time that the officer complies with the rule by advising the person of the Miranda rights. It is a fact of life that most people do waive their rights and agree to talk to the officer. That is usually based on a mistaken belief that being cooperative will help their case. In questioning a suspect, a police officer is doing his or her job and looking for evidence that will incriminate the suspect. Innocent statements can be taken out of context, or be misinterpreted in such a manner that they can be devastating to an otherwise defensible case. Since you have the absolute right to decline police questioning, your silence cannot be used against you in court as showing some consciousness of guilt, nor can the fact that you ask to speak to a lawyer. Do I have to take a breath test at the police station? You do have the right to refuse to take the official breath test, but the consequences can be severe, and you can, and probably will, still be prosecuted for DUI. In Washington, there are three official sanctions: * Your driver's license can be suspended for a minimum of one year, or substantially longer if you have prior DUI convictions, or alcohol related administrative license suspensions. * The fact of refusal can be introduced into evidence as "consciousness of guilt." In other words, the prosecutor will claim that you refused because you knew you would flunk the test. * A test refusal will increase the mandatory minimum sentence that the judge must impose if you are found guilty. If you refuse the test the Department of Licensing (DOL) will revoke your license for at least one year. Prior DUIs can increase the revocation to two years. While an Occupational License may be available after 90 days (one year if a second administrative action), an Ignition Interlock Device will be required and you will be required to carry high risk insurance for three years following reinstatement of your permanent license. What happens during a DUI stop? You are entitled to a hearing before DOL revokes your license, but only if you request it by way of a hearing request form provided by the officer within 20 days of the date of arrest, and pay $200, which can be waived if you are indigent. If you did not received the form, or if you lose it, go to a DOL licensing station and request a hearing request form. You may download the hearing request form at the following link: Hearing Request Form. You may also call Cowan Kirk Gaston, and we will provide you with one, without obligation. Refusals increase the mandatory minimum sentence that must be imposed in the event of a conviction. In fact, the courts treat a test refusal the same as if the test result was over a .15 alcohol concentration! The fine will increase, the jail time will increase, and the additional license suspension resulting from a conviction will increase. The DOL's license revocation will stand if you are unsuccessful in the administrative hearing regardless of the outcome of the criminal prosecution. Even if you are found not guilty, you will still lose your license for refusing the test! It is usually easier to deal with a breath test in trial result than to successfully contest the revocation, so in most circumstances it is advisable to take the test. However, you should always call a lawyer if you are arrested for DUI.
22. Aaron Wolff: DUI law is more complicated than most people think and proceedings can be a very difficult experience, which is why it is important to have an aggressive, reliable attorney to help you. Mr. Wolff is an experienced, dependable lawyer and a former prosecutor who knows the ins-and-outs of the DUI statute.