What Is DUI in Washington?
In Washington state, DUI is defined as operating a motor vehicle while impaired by alcohol, drugs, or both. This impairment is measured by blood alcohol content (BAC), with a legal limit of 0.08% for drivers over 21 and even lower thresholds for commercial drivers and individuals under 21.
However, state law considers impairment of your ability to drive safety as the primary concern, rather than strictly BAC level. Thus, if law enforcement believes your driving ability has been compromised by drugs or alcohol, you can be arrested even if your BAC is below the legal limit.
DUI Penalties in Washington
The penalties for a DUI conviction can be severe, even for first-time offenders. A first DUI conviction can result in mandatory minimum jail time, a substantial fine, driver’s license suspension, and the installation of an ignition interlock device in your vehicle.
The mandatory minimum jail time is 24 hours for a BAC of 0.08% to 0.15%. If the BAC is above 0.15% or for a refusal to take a breath or blood test, the minimum jail time increases to 48 hours. Fines can reach up to $5,000; license suspension ranges from 90 days to a year.
Additionally, you may be subject to an extended probation period, ordered to complete community service hours, and required to participate in a drug or alcohol education program. For subsequent convictions, these penalties increase, leading to longer jail sentences, higher fines, longer periods of license suspension, and potentially even felony charges.
The Complexity of DUI Charges
DUI cases are complex due to the intricate interplay of scientific evidence (such as blood, breath, or urine tests) and legal principles. Defending a DUI charge often involves challenging the accuracy of the BAC testing methods, the legality of the traffic stop, and the conduct of the arresting officers.
The scientific aspects surrounding the metabolism of alcohol or drugs in the body and the potential for testing equipment malfunctions add layers of complication to the legal defense. This complexity underscores the importance of having an experienced DUI defense attorney knowledgeable in both the scientific and legal aspects of DUI cases.
Attorney Sarah L. Freedman is adept at analyzing and challenging the following DUI factors:
- Field sobriety test accuracy: These tests are notoriously questionable, often due to inadequate training or administration by officers or failure to account for physical or medical conditions affecting a driver’s test performance.
- Breathalyzer test issues: Breath-test machines that measure blood alcohol content can be unreliable due to faulty maintenance, calibration, and operation.
- Lack of probable cause: Police officers must have probable cause to pull you over, such as witnessing a violation of traffic laws or signs of impaired driving. A lack of clear probable cause can be an error.
- Police report mistakes: Errors or inconsistencies in the police report, including deviations from standard procedures or factual inaccuracies, can be used in your defense. All details relevant to your arrest must be reported accurately.
- Failure to adequately explain tests: You must fully understand what you are asked to do and the implications of field sobriety and breathalyzer tests. A failure in this can impact the validity of any test results.
- Chain of custody errors: These occur when a lack of proper documentation or mishandling of evidence occurs, such as improper labeling or recording of test samples or handling by individuals not documented in the chain of custody.
FAQ: DUI Defense in Spokane
What should I do if I'm arrested for a DUI in Spokane?
If you're arrested for a DUI in Spokane, it's crucial to remain calm and cooperative. Politely decline to answer any questions until you have spoken with a lawyer. Exercise your right to remain silent and request legal representation as soon as possible to ensure your rights are protected from the start.
How can a DUI attorney help me?
A DUI attorney can provide invaluable support by analyzing your case details, advising on legal strategies, and defending you in court. They can challenge the validity of evidence, negotiate plea deals, and help explore options for reducing or dismissing charges. Their expertise is essential in navigating the complexities of DUI law.
Can a DUI charge be reduced or dismissed?
Yes, a DUI charge can potentially be reduced or dismissed, depending largely on the specifics of your case. An attorney may identify procedural errors, challenge the legality of the traffic stop, or question the accuracy of breathalyzer tests, all of which could weaken the prosecution's case and lead to a more favorable outcome.
What should I expect during the DUI legal process?
The DUI legal process typically involves an arraignment, pre-trial motions, plea bargaining, and possibly a trial. Your attorney will guide you through each step, ensuring you understand what's happening and how to best respond. They will work to craft a defense strategy aimed at achieving the best possible result for your situation.
Contact Our Spokane DUI Defense Attorney Today
Reach out to Freedman Law Office today to take advantage of our free 30-minute consultation, where you’ll receive personalized legal advice tailored to your unique situation. Our experienced attorneys are committed to understanding your circumstances and providing clear guidance on potential legal strategies. This consultation offers you an invaluable opportunity to discuss your case details and gain insights from seasoned professionals dedicated to protecting your rights. We pride ourselves on delivering exceptional client service and support, ensuring you feel confident and informed as you navigate your legal challenges.
Contact us now to start building your defense with a team that stands by your side. Call us at (509) 215-2569 today!
