Washington DUI - DWI Defense Lawyers
Driving Under the Influence Cases (DUI)
In Washington, being prosecuted for Driving Under the Influence (DUI) can be very serious. The penalties may include a jail sentence, suspension of driving privileges, installation of an interlock ignition device upon reinstatement of driving privileges, costly fines and assessments, and alcohol or drug screening classes. Given these very high stakes it is vitally important to have a qualified attorney to defend your case.
DUI
Before reading this section, we recommend you read "Know Your Rights".
Effects of Alcohol or Drugs While Driving
The Law
In Washington, driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs is illegal under the Revised Code of Washington (R.C.W.) Sections 46.61.502, 46.61.503, and 46.61.504. A person will be charged with Driving Under the Influence or Driving While Intoxicated (DUI/DWI) if that person while driving or in actual physical control of a motor vehicle, has the odor of alcohol or by manner, speech, appearance or behavior exhibits behavior consistent with alcohol or drug use and:
- Is in possession or close proximity to a container of alcohol (full or empty) or in possession of illegal drugs.
- Is shown by other evidence (presumably a breathalyzer or blood test) to have consumed alcohol or drugs recently.
Driving or Actual Physical Control
Driving includes on a road, bridge, public or private property open to the public. This would exclude your own private property which is not open to the public. A driveway is probably open to the public, however, a fenced field is probably not open to the public.
Being in actual physical control is defined as sitting in the driver's seat with the vehicle running and includes all of the places mentioned above.
Evidentiary Testing
Required Tests
In Washington, in order to get a driver's license one must agree to submit to evidentiary testing of blood or breath to verify intoxication whenever a law enforcement officer has reason to suspect you are under the influence. However, law enforcement is limited in their ability to require a blood test. The law allows for a breath test to be administered except in situations where the person is physically unable to do so, such as death, unconsciousness or physical disability. Refusing to do a breath test or blood test will result in an automatic license suspension of two years. If you have had more than one DUI charge within the past seven years, the suspension increases up to four years depending on the number of prior offenses. Law enforcement, however, is required to explain this to you prior to your refusing the tests.
Types of Tests
One means of successfully defending a DUI charge is to call into question the accuracy of the officer's observations or testing. It is therefore important not to give any more information than is necessary. Be polite, but refuse all requests for testing, except the breathalyzer test. The reason to take the breathalyzer test is to avoid the harsh license suspension that results from a refusal.
Breathalyzers
There are essentially two types of breathalyzers. One is a large machine (although they are getting smaller as technology improves) usually found at a police station or jail. Many jurisdictions in Washington use the BAC Datamaster. This machine verifies the blood alcohol level through your breath and makes a print out. You will be required to blow twice to verify the test. This test may only be administered by someone who has been certified to use the machine and administer the test.
A second type of breathalyzer is a Portable Breath Test (PBT). These devices are small and officers typically carry them with them or in their cars. These tests may vary greatly and are not admissible in court in Washington due to the possibility of inaccurate readings. In other states, however, this may be the only test you receive and it may be admissible. Officers use these tests in Washington to verify a suspicion of being under the influence. This test should be politely refused with a request to take the test at the station or jail.
Standard Field Sobriety Tests
Standard Field Sobriety Tests (SFSTs) are tests used by officers at the scene to determine levels of impairment. It is likely, that the officer will not perform these tests unless they smell either alcohol or drugs, or they suspect DUI for another reason. These tests can include the walk and turn, one leg stand, horizontal gaze nystagmus and checking pupil dilation. They may also have you estimate elapsed time. If you perform these tests there is a high likelihood that the officer will report a failure of some sort. You should be aware that many people have some type of nystagmus, an eye condition where the eye ball shakes or quivers. It is believed that at certain points if you follow a moving object and nystagmus occurs, intoxication is indicated. There are prescribed ways in which all of these tests are to take place and if anything is not as prescribed, the test may be faulty. The best rule of thumb is to refuse all tests, except the breathalyzer, due to automatic license suspension that results from the refusal. Officers will also take note of slurred speech and appearance, therefore, it is important not to add to the evidence against you by talking too much or taking unnecessary tests.
Legal Limit
A blood alcohol level (BAC) of .08 or higher for adults is deemed a failed test and is one element in deciding a DUI charge. However, one can be convicted based on observations of the officers at the scene as to the level of impairment without a breath or blood test.
CDL Limit
For drivers of commercial vehicles the blood alcohol level is .04 to .08.
Excessive DUI
A blood alcohol level of over .15 in Washington is considered an excessive DUI and carries enhanced penalties, including higher mandatory jail terms and longer license suspensions.
Felony DUI
Recently the State of Washington added Felony DUI to its statutes. Once you have been convicted of three DUI's within the past 10 years, (including any Deferred Prosecutions even if completed successfully and dismissed) any subsequent DUI charge is a felony charge.
The penalties for felonies in Washington are based upon a sentencing grid recommended to the Legislature by the Sentencing Guidelines Commission and then passed as law by the Legislature. Your sentence could vary depending on prior DUIs and prior felonies. Each prior offense carries a point value. That point value is used to determine where you fall on the grid. There is a range of jail or prison time required to be served. The judge must impose a sentence within the range. An exceptional sentence may only be granted in extreme circumstances. A downward departure is within the discretion of the judge. An upward departure requires a jury trial on the punishment and must be pled and proven by the State beyond a reasonable doubt. There are treatment alternatives to punishment in certain circumstances.
Prior Offenses
One area of the law in Washington that has been changing over the past several years is how to count prior alcohol related driving offenses. Currently, the court may look back seven years for prior DUIs, in order to determine how you will be sentenced. The courts may look at any DUI convictions as well as Deferred Prosecutions for DUI. Additionally, the court will consider any charge that was reduced from a DUI, (e.g. Negligent Driving 1st degree) as well as, alcohol related vehicular assault or homicide charges.
Potential Penalties
In Washington, second and third convictions for DUI and blood alcohol levels over .15 have more serious penalties. The following is a breakdown of penalties which the judge is required to impose for each offense. There are other potential sentencing requirements, including installation of certified ignition interlock devices upon reinstatement of your driver's license, which you should discuss with your attorney.
DUI 1st conviction in 7 years
Jail: Minimum one day (24 hrs.) in jail and up to 365 days
Fine: Minimum $685 up to $5,000
License Suspension: 90 days
1st conviction with a BAC over .15
Jail: Minimum two days
Fine: Minimum $925
License: One year revocation (two years if breath test refused)
DUI 2nd conviction in 7 years
Jail: Minimum 30 days and up to 60 days of electronic home monitor
Fine: Minimum of $925
License: Two year revocation
2nd conviction with a BAC over .15
Jail: Minimum 45 days and up to 90 days of electronic home monitor
Fine: Minimum $1,325
License: Three year revocation
DUI 3rd conviction in 7 years
Jail: Minimum 90 days and up to 120 of electronic home monitor
Fine: Minimum $1,725
License: Three year revocation
3rd conviction with a BAC over .15
Jail: Minimum 120 days and up to 150 days of electronic home monitor
Fine: Minimum $2,525
License: Four year revocation
Negligent Driving 1st Degree
Jail: 0-90 days, with no mandatory minimum
Fine: $0-$1,000 with no mandatory minimum
License Suspension: None
Possible Defenses
As you can see, Washington's DUI laws are complex and the penalties are harsh. The attorneys at Keith Barton & Associates, will make sure you understand all of the charges you are facing and the potential legal consequences. More importantly though, our qualified attorneys will determine the best course of action to take in your case and fully explain the potential defenses to your DUI charge. Every case is different, and not all defenses are applicable in a case. The following are examples of the types of defenses our attorneys are accustomed to pursuing in DUI cases:
Lack of "Reasonable Suspicion" to Commence a Stop
Law Enforcement must be able to articulate a "reasonable suspicion" to commence a traffic stop. An officer can not stop or detain a person based solely upon their race, religion, gender, age, sexual preference or for other arbitrary reasons.
Lack of "Probable Cause to Arrest"
Law Enforcement must also demonstrate that there is sufficient "probable cause" to arrest an individual for DUI. Most often "probable cause" is established by an officer's observations (e.g. odor of alcohol, blood shot or watery eyes, slurred speech of a suspect) and their subjective evaluations of an individual's performance on Standard Field Sobriety Tests (SFST's).
Miranda Violations
Most people understand that they have the right to remain silent if they are suspected of committing a crime. Law enforcement must advise you of this right if you are in their custody and before they attempt to question you about an allegation. Our lawyers will look at the facts of your case to determine if any statements you made were coerced or elicited improperly by Law Enforcement, or if you were denied the right to counsel.
Insufficient Evidence
You have a right to examine all of the evidence that the State will present against you in a criminal case. That evidence must be gathered correctly, properly preserved, and be sufficient for the State to prove their case against you beyond a reasonable doubt. The attorneys at Keith Barton & Associates, are highly qualified and will analyze all of the police reports, witness statements and other records in your case to insure that your legal rights are protected, and to expose any potential weaknesses in the State's case.
Challenges to the Physical Evidence
The main physical evidence in a DUI case is the breath, blood, or urine sample the State will seek to introduce to establish impairment. You have the right to request an independent sample after your release to compare those results with the State's evidence. The lawyers at Keith Barton & Associates, will examine the State's evidence for any potential flaws in their case that could result in a dismissal of the charges or serve as a basis for an acquittal. The devices used to obtain breath samples must be regularly checked and properly calibrated. The State's personnel must be qualified to extract blood and urine samples, and records establishing a chain of custody of this evidence must be kept.
At Keith Barton & Associates, we have an experienced criminal defense team that will comprehensively analyze the facts of your case and prepare the best legal defense. The goal in every case is to determine whether a legal or factual argument can be made that can result in a dismissal of the charges or an acquittal after trial, or alternatively, to mitigate the penalties associated with a conviction. Each DUI case is unique and the qualified attorneys at Keith Barton & Associates, will work diligently to defend your case.
