DUI Do's and Don'ts

 

What should I do if I consumed a few drinks and get pulled over?

Whenever you are planning on having a couple drinks, I highly recommend you find alternative transportation or plan to use a designated driver.  In Washington State, it is possible to get a DUI even if you blow under the limit of 0.08, requiring one to be extra careful.  However, it is quite common to have a few drinks at a friend's house or restaurant and drive home.  Because of the easiness to blow over the legal limit, a DUI charge tends to be a numbers game, where 28% of people at some point of their life will receive one.  You should not feel like a bad person or immediately plead guilty.  It is important to consult with an attorney in order to know your options.

What should I do when the police officer starts asking me a lot of questions? 

Generally, people will get pulled over for a traffic infraction or because of reasonable suspicion.  When pulled over for a traffic infraction the officer is limited to asking for ID, checking for warrants, making sure you have insurance and registration, and potentially writing a ticket.  In order for the initial stop to turn into a DUI and arrest the officer needs probable cause.  This is commonly done by your behavior, smell of alcohol, bloodshot eyes, and any tests you agree to.  It is their obligation to show probable cause for your arrest, and you should not assist them in this.  Be calm and give short responses to their questions, as you do not need to explain yourself.  If you have any illnesses or injuries you should mention these in your answers.  If you decide not to answer any more questions politely say so, as you are not under an obligation to do so. 

How should I respond to a request to do field sobriety tests? 

If a police officer asks you to step out of the car and do these field tests, the officer likely believes at this point that you are under the influence of alcohol/drugs.  You are not required to take them.  If you wish, you can politely tell the officer you do not wish to do these tests and that you would only be willing to do a chemical sample, if necessary.  Most people fail these tests no matter what, and they may just provide more evidence against you.

What about a request to blow into a portable device?

You are not required to take the portable breath test, and may instead ask to take the official test at the station.  If you are confident you are under the limit you can agree to take the portable breath test.  If you blow over the legal limit, the officer will find this to be sufficient probable cause to arrest you.  Because of the inaccuracy of this test, it is generally not allowed into evidence if you go to court. 

Should I request a blood sample instead of a breath test?

A blood sample is much more accurate than the breath test, however, there are ways to attack the validity of the sample.  The advantages to a blood sample is that it will take much longer for a sample to be taken.  Therefore, your BAC may have fallen by then.  However, do not request this option if you are likely well over the limit.

Do I need to take the breath test at the station?

Yes, there are automatic consequences if you do not take this test. 

What happens next?

You should contact me the next day after the incident, and I will explain the process and options.


Email:  Legalstateofmind@gmail.com
Website:  www.legalstateofmind.com

Put Those Pesky Past Convictions Behind You

Do not let pesky old convictions hang over your head. If you have been convicted of a misdemeanor or a class B/C felony, you may qualify in the State of Washington to have your conviction vacated. If you are having trouble finding a new place to live or a better job, vacating old charges can make your life easier, and brighter. Vacating a record grants you the legal fiction that a past crime never happened. You can confidently say no, you never committed that specific crime to prospective work places and land lords.  There are restrictions on the types of crimes which have been vacated, and a few conditions which may disqualify you.

              

For example, violent or sexual convictions may not be vacated. DUIs are also stuck with you forever[1].  You cannot vacate operating a railroad while intoxicated, in the unlikely event you operated a railway train while drunk. But, if you have not convicted a new crime in any state, have never had another conviction vacated, and never had a restraining order, your misdemeanor or class b/c felony might be eligible to be cleared. 

If you have a misdemeanor you are looking to forget and move on from, you need only have completed all required prison, probation, etc. for the crime and not have been in trouble since. Give Legal State of Mind a call and we will begin filing your motions and serving the prosecuting attorney. After that, we will have to go to the hearing and ask the Judge to sign the order vacating the conviction. The Judge will sign it, and the clerk will send a copy to the law enforcement agencies where you have a criminal history. Getting an attorney early on so all the forms are properly filled out, filed, and served is very important to the success of your motion. This is the rest of your life; you want the details to be perfect. 

For people looking to vacate a class B or C felony, it may be a touch more difficult. When seeking to have your class B felony cleared, you need to wait ten years, not have any current criminal charges, or be convicted of new crimes. Violent offenses cannot be vacated, nor crimes against other people. If you have a class C felony, you need only wait five years instead of ten before filing motions to have your conviction vacated. As with misdemeanors, call Legal State of Mind to begin working on your motions as soon as possible. 

If your charge is successfully vacated, you may then petition to have your firearm rights restored. Past convictions can often feel like a sign taped to your forehead saying “criminal.” Avoid this feeling! Finding a better job, a better place to live, going across the border to Canada can all be made infinitely easier. Don’t let your past mistakes weigh you down forever. 

Taylor Waters, Legal Assistant at Legal State of Mind
Email:  Legalstateofmind@gmail.com
Website:  www.legalstateofmind.com

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[1] Which is why getting a competent attorney as soon as you are charged with a DUI is extremely important.