DUI DEFENSE



If you are charged with a DUI, or expect DUI charges to be filed against you, Dan can help. DUI is a serious offense that carries both administrative and criminal penalties. In order to understand these penalties, and the criminal process, you should consult an attorney. All of Dan’s DUI consultations are free. Through a consultation, Dan can discuss with you your situation and your options in defending against the DUI charges. The information discussed in a DUI consultation is confidential even if you choose not to retain Dan’s services.

A DUI case has several important phases. The DUI case begins on the night of the arrest and may conclude with a jury trial, a plea bargain to a lesser charge, an outright dismissal, a deferred prosecution, or a conviction. Whatever the final outcome, a person charged with DUI needs to understand the implications a DUI will have on their driving record, their job, their family, and their criminal history. In order to protect your rights, and to maximize your likeliness of an optimal outcome, you should contact an attorney immediately after you have been arrested for DUI.

UPDATE: If you have been convicted of DUI, or plead guilty to DUI or a crime that was originally charged as a DUI over the last seven years, you may be able to have your conviction overturned! The former Washington State Patrol crime lab manager resigned on July 20, 2007, amidst allegations that she falsely certified lab tests that relate directly to the validity of breath test results.

If you have a DUI conviction on your record, schedule a free consultation with Dan. You may have a legal basis to attack your judgment.

DUI PROCESS


Arrest


In order to lawfully arrest you for DUI, the officer must be able to establish probable cause. Probable cause to arrest exists if facts and circumstances within the arresting officer's knowledge and of which he has reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in a belief that an offense has been or is being committed. Additionally, the court may consider the special experience and expertise of the arresting officer. To establish probable cause, the Officer take into account your driving, your statements, and your physical and mental demeanor, including dexterity and coordination. The Officer will ask you if you would like to take a field sobriety test or something to that effect. These tests are voluntary. You do not need to take these tests. I advise my clients to politely decline this test. The Officer may also ask you to take a Portable Breath Test. This test is also voluntary and is inadmissible for any purpose at trial. The Portable Breath test is different from the DataMaster Breath Test performed at the police station. A refusal to take the DataMaster breath test carries significant legal consequences. At the time of arrest, the officer must read you your Constitutional Rights, also known as Miranda Warnings. Once you have been read these warnings, you do not have to answer any questions. The fact that you choose to remain silent after being placed under arrest cannot be used against you at trial. In order to avoid making any incriminating statements, it is best to invoke your right to remain silent after being placed under arrest.