The Seattle DUI Process
The DUI process moves forward quickly. Our early involvement in your case could benefit you in many ways, including a full dismissal of charges. As a former prosecutor, our DUI attorney has handled over 15,000 cases, and has an exceptional understanding of the criminal justice system and the DUI process. The steps in the process are as follows:
The Stop
You are pulled over for an unrelated traffic infraction that proceeds to a DUI investigation if law enforcement considers that you are exhibiting signs of intoxication. Under constitutional law you cannot be stopped without probable cause. If it is determined that you were pulled over with no cause to do so, then it is very likely that the evidence gathered as a result will be suppressed, which could lead to dropped charges. There could also be conflicting reports from officers at the scene, or exaggerated reports or accusations of swerving, slurred speech, red eyes, or the smell of alcohol. Any police stop could have errors that could be challenged with the help of a skilled DUI defense attorney.
Field Sobriety Tests
Certain tests may be administered, including the Horizontal Gaze Nystagmus. These are not mandatory and, according to state law, you may choose not to comply if asked to perform these tests. However, you are required to take the blood or breath test, and refusing to do so can lead to severe penalties. The testing procedures are often incorrectly applied per the standards outlined by the NHTSA (National Highway Transportation Safety Administration). Even the most accurate of the tests has been shown to be only 77% accurate. If you performed any of these tests and were subsequently arrested, there could be room for an effective challenge.
The Arrest
If the officer or officers involved believe that you were operating your vehicle while under the influence, they will arrest you. Once you are in custody, if law enforcement chooses to interrogate you about the incident, you must be read your rights, as you do have the right to have an attorney present, which is a crucial factor. Never answer any questions until your attorney arrives to protect your rights.
Breath and Blood Tests
Stay In The Know
-
Washington Supreme Court Rules Race and Ethnicity Are Relevant Factors in Miranda Custody Analysis
The Washington Supreme Court has held that courts may consider race and ethnicity as relevant, objective factors when ...
- DUI
Read Post -
Washington Appeals Court Determines Deferred Prosecution Not Limited to 5 Years
In some circumstances, a person charged with a Washington misdemeanor or gross misdemeanor may petition for deferred ...
- Criminal Defense
- DUI
Read Post -
Washington Appeals Court Concludes Physical Control Statute Is Not Unconstitutionally Vague
Generally, a Washington criminal law must be sufficiently specific to notify an ordinary person of what conduct it ...
- Criminal Defense
- DUI
Read Post
Real Stories From People We’ve Helped Protect
-
“They showed their best at all times. I would recommend and refer this firm to anyone seeking true professional legal assistance.”- Former Client
-
“If I could give Mark a higher recommendation, then I would. He deserves not 5, but 6 stars for the way he handled my case.”- Scott
-
“I was very pleased with Mark, they responded every time I had any concerns, kept me informed throughout the whole process.”- Alex
