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Tacoma DUI Lawyers

1. O'Melveny, John: Criminal Defense for DUI, Misdemeanor, & Felony Charges
2. Underwood, Kent: An entire process is triggered when you are charged with a crime. Although you may not personally go through every step, Tacoma criminal attorney Kent Underwood believes you are better able to aid in your own defense once you understand the entire process and the terms used. The criminal judicial process Typically, a person is stopped, questioned, read Miranda rights, arrested, arraigned, and held over for trial. In most cases, the earlier in the process a criminal lawyer is engaged, the more positive the outcome. These are the major elements of the criminal process and common terms used to describe them. PRE-TRIAL HEARINGS * Arraignment hearing Ð Determines if there is enough evidence to hold the person arrested for trial. If yes, the person is formally charged. If not, charges are dropped and the person is set free. * Bail hearing - Bail is set or the defendant is released on his/her own recognizance * Omnibus hearing Ð Attended by judge, prosecutor, and defense council to determine what evidence seized during the arrest will be admitted during the trial INVESTIGATION * Physical evidence Ð Weapons, fingerprints, fibers, and countless other indications of circumstantial and direct evidence that the defendant committed the crime * Witnesses Ð People with information relevant to the actual crime, or the defendant, testifying on behalf of the prosecution or defense * Expert witnesses Ð People with credentials in technical areas relevant to the defendant, evidence, or witnesses, testifying on behalf of the prosecution or defense * Discovery Ð The sharing of evidence between the prosecution and defense required by law prior to trial; includes lists of possible witnesses, physical evidence, etc. * Case law Ð Research into previous cases to determine how the handling of evidence and testimony impacted the outcome PREPARATION FOR TRIAL * Defense strategy Ð The way defense attorneys and clients agree to approach the trial to introduce reasonable doubt in the minds of the jury * Preparing witnesses Ð Interviewing witnesses in advance to ensure their testimony at trial is consistent, clear, and predictable JURY TRIAL Pre-Trial Motions Ð Motions submitted in advance and argued before the judge prior to the trial * Motion to dismiss Ð Routinely used to ask the judge to dismiss charges based on the lack of evidence * Motion in limine Ð Used to exclude evidence based on rules of law * Motion to suppress Ð Designed to keep evidence procured under questionable circumstances from being used against the defendant * Motion to sever Ð Used to divide defendants or charges so they are tried separately Trial Process * Jury selection - Voir dire (or questioning) of potential jurors; prosecution and defense lawyers each choose jurors thought to be favorable to their side * Opening statements Ð Brief presentation of the expected evidence; prosecutor presents the stateÕs case first; defense has the option of presenting immediately or deferring until opening of the defense case State Case * Direct examination Ð The state calls witnesses to ask them questions * Cross examination Ð The defense questions the stateÕs witnesses * The state rests Ð The prosecutor is finished presenting the stateÕs case * Half-time motion Ð A motion to dismiss is commonly made at this time; need grounds such as: the state failed to present enough evidence to convict; seldom a successful motion Defense Case * The defense has the option of putting on a case of its own or relying on the weakness of the stateÕs case to bring in a not guilty verdict * Direct examination Ð The defense calls witnesses to ask them questions * Cross examination Ð The state questions the defenseÕs witnesses * Rebuttal * The state has option of rebutting evidence that the defense brought in Closing arguments Ð State presents closing arguments first, then the defense. The state has an opportunity for rebuttal. Jury instructions Ð The judge instructs jury members regarding the law and limits their deliberations to the admitted evidence; jury members are instructed to consider finding the defendant guilty of lesser offenses if they decide the facts warrant that instead of the original charges. Deliberation Ð The jury meets in private to discuss the case and decide on a verdict. Verdict Ð The defendant may be found not guilty and freed; if guilty, the case is held over for sentencing Post trial motions Ð Used to object to the verdict, request the judge to dismiss charges for evidentiary issues or insufficient evidence Appeals Appeal to Appellate or Supreme Court Ð As a matter of right, those convicted can appeal to either court; conditions must be met; Supreme Court may decide not to hear an appeal Legal Terms and Concepts Explained * When one does and does not have to speak to police Ð Police must be treated with respect. When asked, you must provide identification and reasonable explanations of your whereabouts. You are not required to discuss specific crime-related information or to incriminate yourself. * When to allow police into your home or car Ð You are required to allow the police access to your home and car if a search warrant is presented. Read the warrant carefully since it is supposed to state specifically what the search is for and where it may be conducted. * When the police can come in without permission Ð If something illegal is in plain view, or the police are pursing a suspect, they may enter your home or car without permission. * Guilty beyond a reasonable doubt Ð All jurors must agree the evidence has convinced them completely that the defendant is guilty with no doubt. * Presumption of innocence Ð A cornerstone of the American justice system is that all defendants are innocent until proven guilty. This means the responsibility to prove guilt is generally placed on the prosecution. Those accused do not need to prove their innocence, except in cases where affirmative defense is required. * Right to a speedy trial Ð This rule of law controls the amount of time allowed before a trial must take place: In theory, speedy means 60 days for in-custody defendants and 90 days for out-of-custody (out on bail) defendants. However, trial dates are routinely extended. * Trial extensions Ð There are many reasons why a trial can be extended including witness availability, complexity of investigation and preparation, drug, alcohol, and psychological evaluations, scheduling issues, and courtroom congestion. * Appellate bond Ð A bond is posted that allows freedom to the convicted until an appeal is heard; need to have a special circumstances; it is almost never granted
3. Moriarity, Scott: # Drugs & Narcotics Offenses of All Types # Drunk & Disorderly Conduct # Drunk Driving # Assault # Domestic Violence # Traffic Violations # Fire Arm Violations # Record Clearing # Fire Arm Restoration
4. Steinmetz, Harry: * Felonies * Murder * Manslaughter * Sex crimes * Grand theft/larceny * White-collar crimes * Drug charges * Aggravated assault * Misdemeanors * Drunk driving * Disorderly conduct * Small amount drug crimes * Petty theft * Probation violation * Assault & battery If the police think you have committed a crime, they will do anything they can to put you in jail. You need an attorney who frequently deals with the police on serious criminal and juvenile charges. Why you need a lawyer for your defense You do not have to make any statement or give any information to the police without a lawyer present. The Fifth Amendment of the Constitution grants you the right not to talk to the police. Do not talk to officers of the law without an attorney present. It will not help you. Unfortunately, no one has ever talked their way out of a charge if the police are focused on a suspect. here are some facts about self-incrimination: * You cannot talk your way out of being arrested * Nothing you tell the cops will help you in a trial. Information, as stipulated by the Miranda rights, can and will be used against you in court. It will not be used for you. * You may admit guilt for the crime with no benefit for your confession. Your attorney can most likely get you a lesser punishment. * Even if you are innocent, you may make a small mistake during interrogation that incriminates you. People get carried away proving their innocence and accidentally let slip a mistake or fib. * Even if you tell the absolute truth of your innocence, you will always give some piece of information that will incriminate you in trial. * Even if you tell the absolute truth of your innocence, and do not give a piece of incriminating information, your words can be used against you in court if the police do not accurately recall what you said. * Even if your interview with the police is videotaped, your answers can still be used against you if the police do not recall their questions accurately. * Even if you tell them absolutely nothing incriminating and all parts of the Q&A are videotaped, seemingly innocuous statements can lead to mistaken or unreliable pieces of evidence or a witness who refutes part of your testimony. ÒEven guilty people, but not only guilty people, will always end up regretting talking to the police.Ó The police can take advantage of your stress and confusion to get you to incriminate yourself. The police can legally trick you or lie to you to get you to say something incriminating. And they will! Please do not talk to the police and call an attorney immediately if you are contacted by the police.
5. Tolzin, Leslie: * Was there probable cause to pull you over? If the officer didn't have a solid basis, the whole case against you may be compromised. * Did the officer conduct field sobriety tests in accordance with the NTSA guidelines? (For example, the Walk-and-Turn requires a visible line on the pavement, not an imaginary one.) * Was the Breathalyzer in working order and correctly administered? Was the official blood-alcohol test at the station properly conducted? Are you right on the edge of .08 (DUI) or .05 (DWAI)?
6. Schoenberger, Jim: White Collar Crimes, Financial Frauds, Computer Crimes, Murder, Assault, Sex Crimes, Drug Cases, Theft, Burglary, Robbery, DUI/DWI and Juvenile matters
7. Woods, Anna: Mention DUI Defenders and get up to 10% discount. (Some firms may not honor this offer)
8. Horwath, Angela: When you are charged with a crime, you need a defense attorney who knows the law, who knows the courts, and who will fight for you. Tacoma DUI (DWI) If you are convicted of Driving Under the Influence (DUI), you may face significant fines, Washington driver license suspension and other potentially devastating penalties. Horwath Law would like to help you fight your Washington State, Tacoma DUI charge. It is important that you understand that all criminal cases raise constitutional questions, and if any of your rights were violated, your DUI charge may be dropped or reduced.
9. Winskill, Donald: You should consult an attorney for individual advice regarding your own situation.
10. Beckwith, Christine: When charged with a crime or DUI, you need a proven criminal defense attorney in your corner.
11. Moriarity, John: # Drugs & Narcotics Offenses of All Types # Drunk & Disorderly Conduct # Drunk Driving # Assault # Domestic Violence # Traffic Violations # Fire Arm Violations # Record Clearing # Fire Arm Restoration
12. Maklin, Cynthia: DUI or DWI Being pulled over and accused of a DUI can dampen anyone's night. But it DOESN'T HAVE TO RUIN YOUR LIFE! ***Immediate Action must be taken regarding your rights with the DOL*** No Question that Washington has some of the toughest DUI penalties in the country. Those convicted of their first offense face: * Mandatory jail time * Hefty fines * Ignition interlock devices * Alcohol and/or drug treatment * Up to five years of probation * Suspension of your Driver License If your BAC is over .08 you will be arrested. Make sure that you do not answer any questions until you consult with an experienced DUI / DWI lawyer.
13. Krupa & Clark: Some people believe that DUI prosecutions are based on solid scientific evidence such as blood test results. The criminal justice system needs the public to believe this or it would come screeching to a halt. However, the reality is that many DUI cases are based solely on the biased opinions of the arresting officer. An aggressive and knowledgeable DUI Defense attorney can expose these problems and, in many cases, can secure a reduction in the charge, get the charges dismissed either prior to trial, or expose these flaws during a jury trial. DUI Case Procedures It is important to understand that there are really two separate cases being prosecuted against you when you are charged with DUI in Washington State: the administrative case and the criminal case. If you are arrested for driving under the influence, the Washington State Department of Licensing will likely attempt to suspend your driverÕs license through an administrative action. The arresting officer in a DUI arrest usually starts this process by punching a hole in the personÕs license and giving them a notice telling how to request a hearing to challenge the suspension. Typically, a person arrested for DUI must request a hearing in writing from the Washington State Department of Licensing within 30 days or they will automatically have their driverÕs license suspended for a minimum of 90 days. In the administrative case, the Department of Licensing is responsible for actions taken against your license, including restriction and/or suspension of your driving privilege. In the criminal case, the government is prosecuting you for allegedly violating the DUI law. The result can include jail, license suspension, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding of your vehicle, or a combination of these things, depending upon the specific facts of your case.
14. Oliver, James: DUI: This is one of the most complex of all criminal charges, and requires extensive knowledge, experience and preparation in order to effectively defend against it. Any lawyer representing a client charged with DUI should be aware of certain preliminary facts: 1. The stakes in a DUI case are high - higher in the long run than for most other crimes. 2. A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction. 3. Successfully fighting a DUI requires an experienced trial attorney. An Experienced DUI attorney will fight to find every possible defense for you, can help you with in your DUI: * DOL Hearing: Do not take a chance on losing your license because of your DUI arrest. Learn why YOU MUST CONTACT US IMMEDIATELY to request a DOL hearing within thirty days TO SAVE YOUR DRIVER LICENSE. * BAC: How will your blood alcohol concentration affect your case? Blood alcohol level readings can vary widely over short periods of time. * Field Sobriety Tests: Were you given an FST at the time of your DUI arrest? How will the FST results affect your case? Do you have an injury, a disability, or were you sick at the time of the FST's? These could have affected your performance on the field sobriety tests! * DUI Penalties: James Oliver can explain the penalties and how they apply to your DUI case in King County, Pierce County, or Thurston County. * Felony DUI: If you have been charged with felony DUI, you need an experienced drunk driving defense attorney who knows the Western Washington courts and can aggressively defend your case. * BUI: A boating under the influence or BUI charge can have the same penalties as a DUI. * Not Guilty?: Just because you were arrested for DUI does not mean you are guilty. Or that the prosecutor will be able to prove a case against you. There are many technicalities and hurdles for the prosecution in a driving under the influence case. James Oliver can examine every aspect of the case and protect your rights. * Drug and Alcohol Treatment: If you could benefit from a drug or alcohol assessment or treatment program, we can help you locate drug or alcohol resources or substance abuse program referrals. * Why You Need a Lawyer: A DUI charge can affect your lifestyle, your career, your family, and your freedom. Give this problem the attention it deserves by talking to the James Oliver. DUI Penalties A DUI charge will expose you to two types of penalties: Administrative and Criminal. The Washington Department of Licensing administers the Administrative penalty of suspending your driverÕs license. Criminal penalties issue at time of conviction of the crime (either by pleading guilty, going to trial and loosing or by going through a deferred prosecution and breaching one of the five requirements). <> Note: An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driverÕs license. (See RCW 46.61.5055 and 46.20.355) An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident that was the basis for the deferred prosecution. (See RCW 46.20.355 and 10.05.060) ADMINISTRATIVE SANCTIONS Ð RCW 46.20.3101 REFUSED TEST First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years (Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident . RCW 46.20.3101(4)) Adult 1-Year License Revocation 2-Year License Revocation Minor 1-Year License Revocation 2-Year License Revocation Or Until Age 21 Whichever Is Longer ALCOHOL CONCENTRATION TEST RESULT First Administrative Action Second or Subsequent Administrative Action Adult With 0.08 or Greater 90-Day License Suspension 2-Year License Revocation Minor With 0.02 or Greater 90-Day License Suspension 1-Year License Revocation Or Until Age 21 Whichever Is Longer REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE Suspended License* (RCW 46.20.311) Revoked License* (RCW 46.20.311) File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driverÕs license reissue fee DriverÕs ability test NOT required File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driverÕs license reissue fee Satisfactorily complete a driverÕs ability test * If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency. TEMPORARY RESTRICTED DRIVERÕS LICENSE, RCW 46.20.380, RCW 46.20.391 RCW 46.20.391 provides for a temporary restricted license: $100 fee, proof of functioning ignition interlock and financial responsibility; demonstrated necessity. COURT DUI SENTENCING GRID (RCW 46.61.5055 as amended through July 24, 2005 ) ÒPrior OffenseÓ includes the following: (as defined in RCW 46.61.5055) Original Convictions for the following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance); (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence; (4) Equiv. out-of-state statute for any of the above offenses. Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). (1) Neg. Driving 1st (RCW 46.61.5249); (2) Reckless Driving (RCW 46.61.500); (3) Reckless Endangerment (RCW 9A.36.050); (4) Equiv. out-of-state or local ordinance for the above offenses. Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equivalent local ordinance); (3) Neg. Driving 1st (RCW 46.61.5249), (or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). ÒWithin seven yearsÓ means that the arrest for a prior offense(s) occurred within 7 years of the arrest for the current offense. (as defined in RCW 46.61.5055.) Alcohol Concentration Less Than .15 Or No Test Result No Prior Offenses Within Past 7 Years One Prior Offense Within Past 7 Years Two or More Prior Offenses Within Past 7 Years Jail Time*** 1-365 Days (24 consecutive hours non-suspendable) 30-365 Days (30 days non-suspendable) 90-365 Days (90 days non-suspendable) Electronic Home Monitoring* In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days 60 Days 120 Days Fine $350-$5,000 ($866 total minimum fine w/statutory assessments****) $500-$5,000 ($1,121 total minimum fine w/statutory assessments****) $1,000-$5,000 ($1,971 total minimum fine w/statutory assessments****) Driver's License 90-Day Suspension 2-Year Revocation 3-Year Revocation Ignition Interlock Device DOL Shall Require** DOL Shall Require** DOL Shall Require** Alcohol/Drug Ed. or Treatment As Determined By The Court As Determined By The Court As Determined By The Court Alcohol Concentration At Least .15 or Greater Or Test Refusal No Prior Offenses Within Past 7 Years One Prior Offense Within Past 7 Years Two or More Prior Offenses Within Past 7 Years Jail Time*** 2-365 Days (2 consecutive mandatory ) 45-365 Days (45 days mandatory) 120-365 Days (120 days mandatory) Electronic Home Monitoring* In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days 90 Days 150 Days Fine $500-$5,000 ($1,121 total minimum fine w/ statutory assessments****) $750-$5,000 ($,1,546 total minimum fine w/ statutory assessments****) $1,500-$5,000 ($2,821 total minimum fine w/ statutory assessments****) Driver's License 1-Year Revocation (2 years if BAC refused; RCW 46.61.5055(7)(c)) 900-Day Revocation (3 years if BAC refused; RCW 46.61.5055(7)(c)) 4-Year Revocation Ignition Interlock Device DOL Shall Require** DOL Shall Require** DOL Shall Require** Alcohol/Drug Ed. or Treatment As Determined By The Court As Determined By The Court As Determined By The Court ? Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005). * Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. Courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. (RCW 46.61.5055.) ** Ignition Interlock (IID): Effective 6/10/04 , DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended by Laws of 2004, ch. 95). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If t he violation was committed while a passenger under 16 was in t he vehicle, t he court must order installation and use of IID for a t leas t 60 days or ex t end a previously imposed IID requirement by a t leas t 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of Chapter 103 2003). *** Mandatory conditions of probation if any jail time is suspended: (Court 's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor vehicle without a valid license t o drive and proof of financial responsibility, (ii) is not to drive a motor vehicle while having an alcohol concentration of .08 or more within two hours after driving, (iii) is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under t he influence of intoxicating liquor. Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required t o report violations of mandatory conditions t o DOL. RCW 46.61.5055. **** Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.)
15. Brown, Daniel: SR-22 isn't a type of insurance, but rather proof that you have certain types of insurance (based upon the financial responsbility laws of your state). SR-22s are state specific and the requirements in one state may not apply in another state. SR-22 isn't a type of insurance, but rather proof that you have certain types of insurance (based upon the financial responsbility laws of your state). An SR-22 is a document required as proof of financial responsibility by the court or under state law for persons convicted of certain traffic violations.
16. Scholl Law Firm: In recent years, drunk driving (DUI) has become an increasingly serious crime. Prosecutors and the courts, responding to the political pressures of public opinion, have become relentless in "throwing the book" at those convicted of DUI. As a result, the skill, effort, and creativity required to defend clients charged with driving under the influence has intensified. The days are gone when someone charged with DUI could expect to pay a lawyer one to two thousand dollars and expect to "get off" in a "plea bargain."
17. John Doherty: A Miranda warning advises individuals of their constitutional right to remain silent and of their right to not answer any questions. A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.
18. Lerner Law Firm: Evidence of a criminal defendant's prior crimes or convictions may be relevant in a proceeding for a subsequent offense. Notwithstanding the relevance of such evidence, the Federal Rules of Evidence (FRE) generally prohibits the use of evidence of prior crimes to prove the character of the person against whom it is introduced. Specifically, FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs, or acts...in order to show action in conformity therewith." However, evidence of prior crimes or convictions may be admissible under certain circumstances, including: 1. When offered for non-propensity purposes, and 2. To impeach the credibility of a witness (includi
19. Stenberg Law Firm: Each state has rules and regulations concerning the breath test given to people suspected of DUI. In Washington, the only admissible results in court is from the Datamaster machine given to the arrested individual at the police station. You are not under any obligation to perform the field breath test and the results cannot be used against you in a court of law. The testing officer at the station must observe you for 15 minutes before giving the test to make sure you don't hiccup, burp, or have anything foreign in your mouth. If the officer does not wait the required 15 minutes, the results may be successfully suppressed. Additionally, the test operator must be properly certified along with the Datamaster. Much like a radar gun in a traffic situation, the Datamaster must be properly calibrated. The solution used must be at a certain temperature and there must be proper logs kept of the tests run. Your attorney will get copies of the various logs, maintenance records, and the operator's license or certification instead of simply relying on the complaint and the word of the officer who is accusing you of a crime.
20. Kenneth Rossback: DWI stands for "driving while impaired" while DUI represents "driving under the influence." There is also a third, common term "OWI" or "operating while impaired." All three terms represent operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level. Most states set the level at .1, although some states have or are considering lowering the level to .08.
21. Clayton Dickinson: Taking care of your legal matters shouldn't be stressful and uncomfortable. You should have a lawyer who gives you the opportunity to thoroughly understand your options, ask questions, discuss alternatives and minimize your costs.
22. John Fuhrman: Washington has recently passed some of the toughest DUI laws in the nation. The first advice I would give to any prospective client is: don't drink and drive! The mandatory jail time, fines, costs and the loss of your driving privileges to say nothing of the risk to your own life and potentially those of others, is to great a price to pay. Cab fare seems like a real bargain when you consider what your risking.
23. Nicolas George: 40 WAYS TO BEAT A DUI/DWI IN WASHINGTON STATE If you have been arrested for DUI or DWI, it is obviously cause for concernÑbut not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. ThatÕs why it would be a good idea to consider hiring one of AmericaÕs Top DUI and DWI Defense Attorneys now. HereÕs a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help. 1. ILLEGAL STOP OF VEHICLE Ð a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. 2. WEAVING WITHIN A THE LANE IS NOT ILLEGAL Ð weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason. 3. ANONYMOUS REPORT OF DRUNK DRIVING Ð a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. 4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Ð in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. 5. NON-STANDARDIZED FIELD TESTS ARE INVALID Ð neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. 6. BREATH TESTING IS INACCURATE Ð virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc. 7. BOOKING ROOM VIDEOS Ð Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. 8. IN-SQUAD VIDEOS Ð more and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony. 9. FAILURE TO PROVIDE SPEEDY TRIAL Ð If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed. 10. POLICE BLOOD TEST INACCURATE Ð Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. 11. HOSPITAL BLOOD TEST INACCURATE Ð Hospital blood tests overestimate a personÕs true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. 12. BREATH TEST OPERATOR UNCERTIFIED Ð Most states require a Breath Test Operator to possess a valid, unexpired operatorÕs certification, or the breath test result is inadmissible. 13. BAC DATAMASTER MACHINE MALFUNCTIONS Ð In Washington, if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspectÕs breath test, the results of the suspectÕs test are suspect and presumed inaccurate. 14. BREATH TEST OPERATOR LICENSE EXPIRED Ð Washington requires that a Breath Test Operator must possess an unexpired operatorÕs license, or the breath test result is inadmissible. 15. BREATH TEST DEVICE NOT APPROVED Ð A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices or the results are inadmissible. 16. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE Ð A defendantÕs admission to driving, without more, does not prove a charge of driving under the influence. 17. INDEPENDENT WITNESSES Ð Often independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendantÕs sobriety. 18. FAILURE TO MIRANDIZE Ð Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. 19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED Ð According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. 20. OFFICERÕS PRIOR DISCIPLINARY RECORD Ð A police officerÕs previous disciplinary record can be used to attack the officerÕs credibility. 21. PORTABLE BREATH TEST INADMISSIBLE Ð Washington prohibits the use of portable breath testing results as evidence at trial in a DUI case. 22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED Ð The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. 23. FAILURE TO CONDUCT OBSERVATION PERIOD Ð Washington requires that a driver be observed continuously for a minimum period of fifteen minutes prior to a breath test in order for the results to be considered admissible and valid. 24. EXPERT WITNESSES Ð Expert witnesses are available to review the validity of breath tests, blood tests, and field sobriety tests. 25. MEDICAL AND HEALTH PROBLEMS Ð Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. 26. BAD WEATHER Ð Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. 27. LACK OF PROBABLE CAUSE TO ARREST Ð A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. 28. ILLEGAL SEARCH Ð The police are prohibited from searching a person or the automobile for a minor traffic offense and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court. 29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Ð Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officerÕs credibility. 30. POST-DRIVING ABSORPTION OF ALCOHOL Ð The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. 31. INTERFERING SUBSTANCES Ð Many items contain forms of alcohol, which may cause false results such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. 32. BAC DATAMASTER NOT PROPERLY OPERATED Ð The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. 33. FAILURES TO PRODUCE DISPATCH TAPES Ð Most stops of vehicles are recorded on dispatch tapes as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request may cause all evidence which could have been recorded to be suppressed. 34. MISLEADING STATEMENTS BY POLICE OFFICERS Ð Any misleading statement by the police regarding the consequences of taking (or refusing) a blood or breath test may cause the suspension to be reversed and removed from the driverÕs record. 35. STATUTES OF LIMITATIONS Ð A misdemeanor charge of DUI must be filed within a certain period of time, two years, from the date of offense or the charges will be dismissed with prejudice. 36. PRIVATE PROPERTY Ð A person who has not driven the car on a public highway cannot be suspended for drunk driving. 37. FAILURE TO DISCLOSE EXPERTS Ð The failure of the prosecutor to disclose the stateÕs expert(s) will cause those witnesses to be barred from testifying against the defendant. 38. LACTATE RINGERS Ð When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated and accordingly, invalid readings. 39. FAILURE TO RECORD CERTIFICATION TESTS Ð the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court. 40. FORCED BLOOD DRAWS Ð The police may not take a blood test against the driverÕs consent where there has not been an injury involved or the result is inadmissible.
24. Scholl Law Firm: Successful DUI defense requires an understanding of the highly technical forensic science of blood alcohol concentration. It requires the legal skills necessary to prepare to take the case to a jury trial, and to persuade a skeptical jury that the government cannot prove guilt beyond a reasonable doubt. It requires the tenacity to negotiate with hard-nosed prosecutors. But most of all, it requires the desire to help someone who is in deep trouble, and the professional dedication to keep fighting and never give up.
25. Don Lundahl: In Washington, you are considered to be Driving under the Influence of Alcohol if your blood alcohol results are .08 or greater as measured by a blood, breath or urine test. If you refuse to take the test, you face a one-year license suspension.
26. Kevin Byrd: The decision whether to plead guilty is an important one and it is not wise or recommended until you have carefully reviewed, with your defense attorney, all of the police reports and other evidence and, in some cases, conducted your own investigation.