Challenging Your DUI Charges in Washington
by Lewis & Laws
DUI Arrest in Washington
Throughout our country, law enforcement officials take driving under the influence very seriously. Whether you are a first time offender or you have been convicted for multiple DUI charges, the prosecution will stop at nothing to ensure you pay the consequences for breaking the law. What if you made a mistake? What if you thought you were absolutely okay to get behind the wheel, and yet an officer of the law tells you otherwise? Perhaps you were completely wasted and you made a mistake? Or what if your high school daughter went to her first party and made a few mistakes that led to the death of a person in her car after an accident? All of these are possible situations that people can find themselves in, and whatever the case may be attorneys at Baker, Lewis, Schwisow & Laws, PLLC will do whatever we can to fight on your behalf when arrested for a DUI charge, no matter the severity. With 45 years of combined legal experience, we are prepared to fight for you!
There are many factors to take into consideration when a person has been arrested for a DUI in the state of Washington, and our firm will do whatever it takes to fight on your behalf. Here are a few factors that can be used by your defense in order to challenge your DUI charges. First, officers must have probable cause when arresting any person for driving under the influence. This means that they must have witnessed you violating some form of traffic law or otherwise have reason to believe you were under the influence prior to getting behind the wheel of your vehicle.
Next, while weaving in and out of lanes is not only dangerous but often calls for suspicion for the officers on the road, weaving within your lane is not against the law. There are many reasons that your car could be swerving a bit such as high winds or a technical problem, and as long as you remain within your two lines, an officer can't pull you over with that being the cause. While field sobriety tests may cause fear in the individual conducting the test, rest assured that many of these tests are often inaccurate. Whether your balance is off because of an illness, or your breathalyzer test reads higher because you suffer from acid reflux disease, these field tests are not the say all when it comes to your being convicted. According to studies, these tests are only estimated to be correct 60-65% of the time.
Believe it or not, when an officer asks you to recite the alphabet backwards, as most sober people couldn't anyway, it is neither a federal nor medical mandate that you do so. This because this test does not determine whether you are sober or not. Even if the arresting officer is going to conduct the proper field sobriety tests, there is a likely chance that they will not be done so correctly and it is the defense attorney's responsibility to find their cracks in the case in order to fight your DUI. Another way to challenge a DUI is to use the testimony of eye witnesses, because they can account for you whereabouts and doings around the time of the arrest. Whether it is the bar tender, other drivers close to the accident, etc. they can offer valuable words on behalf of the accused. The list of ways to challenge DUI charges goes on and on, and if you find yourself in a bind with the law, do not hesitate in contacting an experienced Seattle DUI attorney at our firm today!