The Holiday Season and the Law

The Holiday Season and the Law

                It’s that time of the year again – holiday parties, evenings with friends and family, and celebrations that can get you in trouble.  The Washington State Patrol alone makes 20,000 DUI arrests each year, and it’s all over the news that most law enforcement agencies have stepped up DUI patrols this month.  Now is a good time to give some thought to what you should do if you are caught up in one of those stops.

                I’ve said it many times before, but it’s worth repeating – don’t volunteer to take any field sobriety tests if you are stopped by an officer.  These are purely voluntary tests, and you will not benefit from taking them.  Also, be polite and cooperative with the officer, but do not answer any questions that relate to where you have been or how much you have had to drink.  Providing your driver’s license, proof of insurance and registration are just fine, but don’t get into a conversation with the officer, just keep any discussion to the bare minimum.  If you take the voluntary field sobriety tests and/or discuss how much you have had to drink with the officer, it will be used against you in court.  I don’t care how nice the officer seems, or that the officer “just wants your cooperation so her or she can get you on your way”, what the officer is really doing is collecting evidence to be used against you.

                If you are taken into custody, the officer will generally read you your constitutional rights while you sit in the back seat of the patrol car.  Listen to your rights, and immediately ask to speak with an attorney.  When you get to the police station, keep in mind that you need to talk to an attorney before you sign anything or answer any questions about your physical condition.  They have defense attorneys on call that you can speak with any time day or night.  Talk to the attorney, and follow his or her advice.

                You will almost certainly want to take the breath alcohol test at the police station.  Refusing to take the test will subject you to higher penalties, and will make your defense all that much more difficult.  If you follow the attorney’s advice, you should get through the ordeal without too much trauma.

                The next day you need to call an attorney and set up a consultation.  There are very tight time constraints that can mean a significant suspension of your license if you don’t get help right away.  Depending on the jurisdiction, it could be months before you are formally charged with the DUI, but that doesn’t mean that you can just ignore the situation.  The Washington State Department of Licensing will suspend your license, and unless you take immediate action there isn’t much that can be done to prevent the suspension.

                Please have a great holiday season!  I hope that everyone stays on the right side of the law, but if something happens please remember my advice.  A DUI can have very negative long term effects on your life, school, and work.  The costs that come with a DUI can be immense and long term.  Know how to defend yourself from self incrimination, and how to give your attorney the best chance possible to obtain a positive final outcome.