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Lakewood DUI Lawyers

1. Byrd, Kevin: DUI is one of the only crimes that doesn't require the defendant to have criminal intent to be found guilty. If the State or City can prove your breath test was .08 or over, you can be found guilty. The DUI law is also unusual insofar as the law imposes strict mandatory minimum sentences for commission of the crime which the sentencing Judge has no discretion to suspend or defer. It also carries with it severe restrictions or limitations on your privilege to drive a motor vehicle in the State of Washington, sometimes even based solely upon the law enforcement officer's written report and regardless of the outcome of the criminal case. Although DUI is still classified as a "gross misdemeanor" in the State of Washington, the penalties associated with it often times have more wide-ranging impact on a person's life than conviction of certain felonies. Deferred prosecution is still a valuable option in dealing with certain DUI's, so long as the defendant has never utilized the option before. You need an attorney if you are charged with DUI.
2. Benjamin & Healy: There are generally two ways of committing DUI in Washington. First, if a persons breath test reading is .08 or higher. To convict a person using this method the prosecutor is required to prove beyond a reasonable doubt that the breath test reading was accurate and the breath test machine was functioning properly. Repair and maintenance records often demonstrate the machine is faulty. The machines database may indicate it was not functioning properly at the time of the arrest. If retained, our expert witness can testify as to the breath test machines inherent unreliability. Second, if there is no breath test reading the prosecutor must prove a person was under the influence of or affected by alcohol at the time of driving. This method requires the prosecutor to prove (normally by having the officer testify as to his observations of the driver) that the persons driving was affected to any appreciable degree by alcohol consumption. It is important to remember that you are presumed innocent and the government is required to prove to the jury that you committed DUI beyond a reasonable doubt. The evidence used to convict is normally the police officers observations of your driving, contact with you, and field sobriety tests. The officer will normally only point out what you did wrong, not what you did right (which evidences sobriety).