DUI

DRIVING UNDER THE INFLUENCE
(DUI)

Driving Under the Influence is among the most frequently charged misdemeanors.  DUI is a criminal offense in Washington State.  It receives separate treatment on this website due to its unique characteristics and complexity.  First, DUI laws, unlike most other criminal statutes, prohibit a certain physiological state, regardless of intent.   DUI cases involve all of the same procedures and hearings as most other crimes.  Like other crimes, illegal searches and seizures by the police are grounds to exclude evidence, including the breath test or blood draw.

Issues pertaining to DUI cases often involve the training and certification of the person who administered the breath test as well as the maintenance and functionality of the breath machine itself.  In Washington State, the police use the machine called the BAC Verifier DataMaster to detect alcohol on a person’s breath.  This machine is not infallible and has a margin of error.  Consequently, the results of the breath test should often be challenged by a defense attorney.  In addition, police and laboratory technicians must follow strict guidelines when administering a breath test or blood draw.  If these guidelines are not followed, the breath test or blood draw will likely be thrown out.  If this evidence is excluded, it often leaves the prosecutor with no case and a dismissal would usually be the result.

The prosecutor may nevertheless chose to go forward with the case based on the police video, the arresting officer’s observations, and the results of the field sobriety tests.  This is because there are two different ways to convict a person of DUI:  (1) by proving that the person was driving and had a blood alcohol content (BAC) of .08 or above within 2 hours of driving or (2) by proving that the person was driving and was affected by alcohol to an appreciable degree while driving.  For this second method of proving guilt, BAC is not a factor and the prosecutor can still seek a conviction.  Like the breath test, the field sobriety tests are not perfect.  A defense attorney knows how to challenge the administration of these tests as well as the validity of the tests themselves.

In Washington State, DUI penalties are severe.  If convicted there is a minimum jail sentence and fine imposed.  Over the last few decades, DUI laws have become increasingly strict and it has made defending DUI cases more and more difficult.  However, it is still possible for a defendant to either win a DUI case or obtain a favorable result.  One option is to go to trial and exclude evidence and/or challenge the admissible evidence.  Another option is for the defense attorney to negotiate with the prosecutor to get the charge reduced to a less serious offense or an offense with less severe penalties such as Reckless Driving or Negligent Driving.  If you have been arrested for or charged with DUI contact us immediately at (206) 618-1629 to schedule an appointment.