DUI Part II

DUI Part II

             There are a few other things that are important to note if you or a loved one is involved in an alcohol related arrest.  The more information you have now, the better job you will do helping your attorney.

            Last time we talked about making contact with an attorney right away.  Not only is this important in your DUI defense, but the criminal charge is not the only issue.  According to Washington law, even if you are not formally charged with a DUI, the Department of Licensing will administratively suspend your license to drive.  Depending on several factors, you could loose your license for a little as 90 days and as much as several years.

             Each person is given two pieces of paper that describe the administrative process, but, for many, so much is going on that this information gets lost or misplaced.  You have a very brief period of time to challenge the administrative suspension, and, if you miss the cut off, your license will be suspended.  Your attorney can help you with this process, but steps need to be taken right away or it’s just too late.

            For some jurisdictions, there could be a significant delay between when you are stopped for the DUI and when you are actually charged with the crime.  I’ve talked to people that were stopped, but they didn’t hear anything back from the police or court and just assumed nothing would happen.  It isn’t unusual for 2, 4, or even 8 months to go by before you receive the arraignment notice in the mail.  These delays are largely due to the back log in some courts, and will not stop, only delay, the prosecutor from bring charges.

             The delay in charging the crime can make collecting evidence in your defense more difficult.  The arraignment notice comes six months later, and who can really recall the details of that night?  It makes sense to assume you will be charged, and to start preparation right away.  When you are charged, you will have done the work to prepare your defense when the event is still fresh in your mind. 

            Finally, I has been my observation that many defendants go to their arraignment without an attorney.  This can be a mistake, especially if you have prior DUI arrests.  The court has the authority to set conditions for your release at the arraignment.  This can be as simple as law abiding behavior and to appear at future hearings.  At times courts will want to hold the defendant in custody and set a bail requirement for release.  If you are going to hire an attorney, you might as well get the benefit of his or her experience from the very first hearing.

            Next time we will talk about non-alcohol DUI’s.

Alcohol Related Crimes

Alcohol Related Crimes

             Yes, it’s finally Summer (although the weather may not feel much like Summer!).  With a lot of outdoor activities on the schedule, it seems like a good time to talk about alcohol and the law.

             Obviously, the best thing to do is not drink and drive, but, if you do, be ready for a close encounter with the law.  There will be DUI sweeps, and most police departments will be on heightened awareness patrols.  Here are some things to keep in mind:

             The bottom line is that if an officer wants to stop you, he or she will find a reason to pull you over.  It just doesn’t work to drive safe and slow if you have been drinking.  The basis for the stop, commonly known as “probable cause”, is easy to find, and once you are stopped the officer can usually make a case for investigating the “strong odor” of alcohol. 

             Be respectful to the officer, and provide your license, registration, and proof of insurance when requested.  I’ve said it before, but do not make any self-incriminating statements.  The officer will ask you questions, and it may seem like a simple conversation, but they will be used against you in court.  Be polite, but insist on speaking with an attorney before you answer any questions about your driving or alcohol consumption.  I know this will be hard to do, but it is very important to pay attention to this advice.  Many DUI convictions are made based on the defendant’s statements during the stop.

             You should not take the field sobriety tests.  These are voluntary, and you will not pass the tests.  Again, the test results will be used in court to establish your impairment.  Just politely decline the invitation to take the tests – it will pay big dividends later.

            At the police station, the same rules apply.  Make sure you speak with an attorney, and follow his or her advice.  The arresting officer will make use of the time at the station to try to gather more information from you – all of which will later be used against you.  Generally, it is a good idea to take the breath test.  The results are open to challenge in court, and, if you refuse, the level of proof of your intoxication becomes less important than the fact that you refused the test.

             Once you are released, you need to contact an experienced DUI attorney if possible the next business day.  The more time he or she has to prepare your defense, the better job he or she can do for you.   No one should try to “go it alone” when charged with a DUI.

            There are other issues we need to talk about, but they will have to wait for next time.  Please have a safe Summer!