Field Sobriety Test vs. Breathalyzer: Differences Explained Simply

Understanding the difference between a field sobriety test vs. a breathalyzer can help you protect your rights. A field sobriety test is something that officers may administer when they pull you over because they think you’re under the influence of drugs or alcohol. For example, they might ask you to say the alphabet backward or stand on one leg. 

A breathalyzer is a machine you blow into and receive an estimate of how much alcohol might be in your system. A breathalyzer is one of the many tools the cops may use in a sobriety test. However, these field tests are known for being inaccurate. Because of this, blowing over the legal limit or failing other sobriety tests doesn’t necessarily mean the cops have sufficient evidence to arrest or convict you.

When the cops arrest you for a DUI, it’s imperative to take proactive steps to protect your rights and set up a solid defense. At Veitch Ault Defense, our King County DUI attorney has fought for the accused for over 20 years. We have the tools to comb through the record and find flaws in the field sobriety or breathalyzer test the cop used to arrest you in the first place. We can’t promise a particular outcome, but we can put in the work to help reduce or dismiss the charges against you.

Is a Field Sobriety Test the Same as a Breathalyzer?

A field sobriety test refers to a range of tools cops use to figure out if you are under the influence of drugs or alcohol. For example, the cops may observe your behavior to see if you slur your words or can’t stand up straight. Likewise, they may have you try to walk in a straight line or bend down and pick something up. 

If you fail these tests, the cops may take it further and ask you to take a breathalyzer. A breathalyzer is a small machine that you blow into. It measures how much alcohol is in your breath and uses that to calculate your blood alcohol concentration or BAC. 

If you refuse the breathalyzer or you blow over a certain level, the cops may use this to justify officially arresting you. Under Washington Law, the government can use several different tests to measure the amount of alcohol or drugs in your system. For example, they can have you take a blood or urine test to see how much alcohol or THC you have in your body. When the cops arrest you and take you to the station to be booked, they may ask (or require) you to participate in these other tests. 

Why Do Police Use Field Sobriety Tests Instead of a Breathalyzer?

The cops use field sobriety tests to get an informal and preliminary idea of how intoxicated they think you are. They may start with unscientific measurements—e.g., how you’re walking or talking—to form the reasonable suspicion needed to ask you to submit to other tests. For example, if you slur your words or smell like alcohol, police may use this information to move on to a breathalyzer. If this leads to an arrest, they may ask you to give a blood or urine sample at the station. 

Is It Better To Do a Breathalyzer or Blood Test?

Using a breathalyzer to measure your BAC levels can yield inconclusive and inaccurate results. Because the cops administer these tests in the field, there aren’t as many safeguards to ensure accuracy. For example, the person may not blow into the machine properly, leading to a much higher result than what it should be. As a Washington DUI attorney can attest, even a simple oversight in the breathalyzer’s calibration can undermine the credibility of the results. 

In contrast, a blood test is more likely to give an accurate result. Drawing and testing the blood is more scientific and measured. Even so, the people administering the blood test may make mistakes. For example, if the technicians don’t store the blood properly, contamination may lead to a higher BAC. Regardless of how the cops measure your BAC, you or your attorney may have ways to challenge the evidence against you.

Should I Take a Breathalyzer if I’m Sober?

Many people may think refusing a breathalyzer is a good idea if they’re confident that they’re sober. They may believe that not taking this test limits the chance of them being charged with a DUI. However, refusing a breathalyzer may pose more problems for you than it prevents. 

Washington law penalizes people for refusing a breathalyzer or other type of sobriety test if the cops have reasonable suspicion that they have been drinking. For example, they may take away your license for at least a year and use other evidence against you in court, including your refusal.

Additionally, the police may still be able to arrest you and use other alcohol testing devices at the station. Unfortunately, this may mean that the police get more reliable evidence—e.g., the blood test—to charge you with a DUI. All in all, in some situations, it may be in your best interest to take the breathalyzer. You still have the option to challenge the test results on other grounds during the trial. 

Veitch Ault Defense: We Can Help You Challenge the Legality of Your Sobriety Test

When the cops pull you over for a DUI, they may use a number of sobriety tests to measure your BAC. If these results come back as over the limit, you may worry about what this means for your ability to defend yourself against the charges. Fortunately, there may be ways to challenge the results and, hopefully, get these charges thrown out. 

Veitch Ault Defense truly cares about fighting for your rights and helping you get your life back on track. Robert J. Ault is a leader in this field and has multiple certifications in administering field sobriety tests. He uses his incredible knowledge of chemical testing and the law to his client’s advantage. Past clients praise his unwavering support and compassion and his ability to comfort and guide them through the court proceedings. When you’re arrested for a DUI based on a flawed sobriety test, contact us by calling 425-549-9547 to set up a free, no-obligation consultation.

What Happens If I Refuse a Field Sobriety Test in Washington?

When you get pulled over by the cops for drinking and driving, you may have questions regarding what happens if you refuse a field sobriety test. If you don’t consent to a field sobriety test in Washington, you may face several legal consequences. For example, the government may take away your license for at least one year and use the evidence of your refusal in a criminal trial against you. However, many of these sobriety tests are unreliable. As such, you or your attorney can take legal steps to challenge the evidence the government uses against you. 

At Veitch Ault Defense, our Washington DUI attorney appreciates the stakes when someone faces a DUI. Because of our tireless efforts, the results of dozens of improperly administered sobriety and breathalyzers were thrown out, helping to keep many people out of jail. While we can’t guarantee a particular result in your case, we have the tools and resources to fight for a favorable outcome. 

Background Information on DUI Charges and Sobriety Tests

Before an officer can arrest you, they need to have reasonable grounds to believe you committed a crime. In the context of a DUI charge, this typically means they should have enough evidence to support probable cause that you were driving while intoxicated. The officer may use surrounding circumstances, such as how you were driving the car or the smell of alcohol on your breath, to make this initial determination. 

Likewise, they may use tools to measure your blood alcohol concentration (or BAC) to see if it’s over the legal limit. Under Washington law, the legal limit for adults is .08 percent or higher for alcohol and 5.00 or higher for THC. However, the government can charge you for a crime even if you are below this limit. 

For example, let’s say you drank alcohol and smoked marijuana, and the cops believe it affected your driving. The cops may pull you over and arrest you for this, regardless of the individual levels of each substance in your system. 

The cops can determine whether you are under the influence and unfit to drive in a couple of ways. They may conduct a field sobriety test, which may include asking you to perform cognitive tasks (like saying the alphabet backward) and blowing into a breathalyzer. If they take you back to the station, they may also take a blood, urine, or other chemical test. 

What Happens if I Refuse a Field Sobriety Test?

In most situations, you are free to refuse the government’s access to your body, such as your breath or blood. Unfortunately, doing so after getting pulled over for a DUI may not bode well for you. 

Under Washington Law, anyone who drives a car gives implied consent for the government to test their breath for alcohol or drugs that may prevent someone from operating a vehicle safely. So, by being in the driver’s seat of an automobile, you may be telling the government that you agree to comply with the breath tests it sees as appropriate within this scope. 

For the police to exercise this authority, they need to have a minimum level of reasonable suspicion or grounds to believe you were intoxicated. If you refuse a field sobriety test that the government had the authority to administer—like one to measure substances in your breath—you may face legal consequences. 

What Are the Consequences of Refusing a Field Sobriety Test in Washington?

Your refusal to consent to a field sobriety test (including a breathalyzer) may result in several consequences. For example, the government may take away your license or driving permit for at least one year. Likewise, the prosecutor may use your refusal against you in court in a criminal trial. If this happens, this evidence may weigh in favor of the judge or jury finding you guilty. 

Are Field Sobriety Tests Mandatory?

Field sobriety tests aren’t mandatory, but it’s important to think carefully before opting out of these. If you refuse a field sobriety test, the government may take away your license for at least one year. This applies if the officer had other reasons to believe you were intoxicated. For example, they might have evidence that you were swerving, slurring your words, or that your breath smelled of alcohol. 

What’s more, the government may use your choice to refuse the test as evidence against you in a criminal trial. If the police forced you to take a sobriety test and you think they violated your rights, consider partnering with a King County DUI attorney. 

How Can You Make Legal Challenges Against the Sobriety Test’s Accuracy?

Washington law has special rules about what kinds of tests the government can use to test your breath, blood, and urine—and when. For each method, the police and toxicologists must follow a strict procedure. This includes using a predictable protocol for administering, reading, and storing the results and the specimen.

Frequently, the results of field sobriety tests are unscientific and unreliable. A big reason for this is they require the officer to use their impression of how drunk you are by viewing your behavior. For example, the officer may ask you to stand on one leg and put your finger on your nose. Based on the results of these highly subjective observations, the police officer may use this to ask you to take other tests, such as a breathalyzer. There are a couple of different ways you can challenge the accuracy of a field sobriety test. For example, you can use video evidence to show you weren’t slurring your words or unable to walk straight. Likewise, you can point to flaws in how the police administered or stored the test to question. 

Are DUI Checkpoints Legal in Washington?

Routine sobriety checkpoints (also called DUI checkpoints) are illegal in the State of Washington. Even so, police may illegally engage in this practice and abuse your rights. If you are in this situation and the police pull you over, your best option may be to comply with their reasonable requests. Agreeing to a breathalyzer may be part of this. If police misconduct (such as overreach) was involved, you or your attorney may use this as a basis to challenge the charges. 

Veitch Ault Defense: Proud DUI Attorneys Serving Washington State

Getting a DUI can have enormous consequences on your ability to support your family, keep your job, and engage in other essential aspects of daily life. Having a dedicated and battle-tested advocate in your corner can help you increase your chance of successfully defending yourself against these charges. 

At Veitch Ault Defense, we are fierce defenders of the rights of the accused. All too often, we have seen police fail to follow protocols, with the end result that an innocent citizen gets arrested. For over 20 years, Robert Ault has dedicated his skills to defending those whose rights have been violated. Contact us today by calling 425-549-9547 to schedule a free consultation with a trusted DUI attorney on our team. 

Chances of Going to Jail for 2nd DUI in Washington State

Washington state is serious about making its roads safer. One way they do that is by cracking down on drunk and impaired drivers by implementing stiffer penalties. A second offense driving under the influence (DUI) charge carries much heftier penalties than a first charge. 

Is Jail Time Mandatory for Your 2nd DUI in Washington? 

If you have been charged with a DUI and have had a prior driving under the influence conviction, your primary concern is whether or not you will face jail time. The possibility is certainly there but is dependent on one main factor. When was your prior conviction? 

If your conviction were seven years before the current one, your charge would be treated as a first-offense DUI. Convictions within seven years of a first offense will require a mandatory jail sentence. 

What Happens After Your Second DUI?

Following your second DUI arrest, you must appear in court for an arraignment. Often, the court will require you to submit to wearing a secure continuous remote alcohol monitor (SCRAM) or a TAD device. These devices are worn around the ankle and will monitor and report alcohol intake. 

Wearing these monitoring devices allows the offender to avoid jail and continue working. Most of the time, pants and socks conceal that the offender is even wearing the device. Most people would prefer proving that they are abstaining from alcohol with this method rather than the round-the-clock surveillance that a jail would provide. 

What is the Minimum Punishment for a Second DUI?

The alternative with the minimum punishment for a second offense DUI is deferred prosecution. The main drawback is that it will take longer to complete. But, the result is typically worth the additional time. 

The program has four phases that must be taken seriously for the deferment program to work. If these steps are not followed, the offender could face tough penalties.

Phase 1 Includes Intensive Outpatient Treatment 

When participating in the deferred prosecution program, an intensive alcohol treatment program is mandatory. The offender must attend 72 hours of treatment for alcohol addiction within twelve weeks of the court’s decision. 

This is typically completed by joining a group treatment program three times a week for eight weeks. Each meeting lasts for three hours. There is also the possibility of attending four meetings, lasting two hours each, for nine weeks.  

Phase II Requires Outpatient Treatment  

The second phase of the program, following the intensive outpatient treatment in phase I, requires the driver to attend one weekly group therapy session for the next 26 weeks. Six months of weekly meetings are the prescribed outpatient treatment. 

Phase III Mandatory Monthly Monitoring

Upon completing the first two phases, monitoring is reduced to a monthly group or individual counseling session for the remainder of the two-year program. This maintenance treatment phase requires monthly attendance. 

Phase IV and What Happens After Completing the Two Years of Mandatory Treatment 

While the required treatment program is completed during two years, the court usually extends its overview for up to five years. The court may require the driver to attend AA meetings to avoid a relapse.

A program such as the deferred prosecution program requires compliance. Still, it is an excellent opportunity to avoid jail time so that the offender may keep their job, continue to support themself and their family, and can work on living a sober, responsible life. The further a person is into a program of this length, the less tempting it is to get in trouble because all of their hard work will have been in vain. 

Is a Second DUI a Felony in Washington?

Second DUI offenses in Washington are not automatically considered felonies. Whether a DUI is elevated to a felony depends on several factors. These are as follows: 

1. Criminal history: If you have been convicted of 4 or more DUIs within ten years, will upgrade your charge to a felony. 
2. Vehicular assault: Being charged with injuring someone due to reckless, impaired driving constitutes vehicular assault, which is a felony. 
3. Vehicular homicide: This felony charge occurs when the driver’s intoxicated driving causes the death of another person. 
4. Comparable out-of-state offenses: DUI and similar charges outside Washington state will be considered. These will typically translate to a felony charge.

Though it may be the driver’s first DUI, if someone is injured, the result may be felony DUI charges. In Washington, this is a Class C felony. Felony DUIs carry a minimum sentence of six to 12 months to five years in jail or a steep $10,000 fine. Or any combination of those punishments. 

DUI charges create dreadful obstacles for the driver. Felony charges can impede career opportunities, make it more difficult to secure housing, and halt education because of the added difficulty in securing student loans. 

Level of Intoxication 

Alcohol tolerance varies wildly from person to person. But, the BAC for a DUI charge does not. In Washington, if a chemical test confirms that a driver’s blood alcohol content (BAC) is 0.08% or higher, it is considered enough to move forward with a DUI charge. 

However, this result must come within two hours of the traffic stop. The burden of proof is on law enforcement to prove that the driver was operating a vehicle at that time and that they were tested within the prescribed period. 

Your Washington DUI attorney will review the evidence and will construct the best strategy to resolve your charge in the best way possible for you.

Contact an expert DUI Attorney in King County, WA Today

Driving under the influence is a severe offense in Washington state. But mistakes happen, and with such stringent laws, you may find yourself facing a DUI charge. We will work hard to ensure that your charge is resolved in a way that most benefits you. Through the deferred prosecution program or having your charges reduced, we will do our best to keep your jail time to a minimum and to lessen your fines as much as possible. 

The DUI attorneys in Washington with Veitch Ault Defense Attorneys at Law have successfully defended over 1,000 DUI cases, and we are ready to defend you next. Contact us so we can stand beside you, fighting for you, from the arraignment phase until we have reached a successful solution.

How to Get Your License Back After a DUI (Washington State)

If you have lost your driver’s license due to a driving under the influence (DUI) conviction, you are inevitably wondering about the process for getting it back. In most areas of Washington, being without a driver’s license can tremendously impact your life. One may take several approaches to regain the ability to drive legally, and a qualified Washington DUI attorney can advise you on your specific case. 

This is a brief overview of the process of regaining your driving privileges. Though, the best approach for you will depend on the details of your DUI charge. 

How long does your license get suspended for a DUI in Washington State?

Following a DUI conviction in Washington state, the court may penalize you with fines and a jail sentence. The Washington Department of Licensing will also hand down its own penalties. It will consider the number of DUI convictions the driver has sustained and the circumstances surrounding the recent arrest when determining what penalties should apply. 

After a DUI arrest, the driver is issued a notice of their license suspension. This could be from a minimum of 90 days to a two-year suspension. If you wish the court to review your suspension, the defendant must request a hearing seven days after the arrest. The driver’s license suspension will begin 60 days after the driving under the influence incident. 

Your Washington DUI lawyer will advise you on filling out the online request form for a hearing. Be prepared to pay the $375 fee or fill out an Application for DUI Indigent Waiver if your income is below the state’s poverty level. 

How do I get My Suspended License Back in Washington State? 

Once a DUI conviction occurs and your mandated suspension period is behind you, you are eligible to have your license reinstated. To do this, you will need to submit proof that you can pay for any damage that you may commit while driving. This certificate of financial responsibility document is called SR-22.

There are three forms of acceptable proof of responsibility. These are listed below: 

1. SR22 insurance is a policy written by an insurance company to demonstrate to the state of Washington that you can pay for any damages you may be responsible for in a future car accident.
2. Certificate of deposit is a certificate that demonstrates that you have at least $60,000 for the purpose of paying for any future car accident damages for which you are liable. 
3. Liability bond is a $60,000 liability bond available from a surety or bonding company authorized to operate in Washington. It may act as proof of financial responsibility if you are responsible for future auto accidents. 

You typically must carry SR22 for three years from the date your license is reinstated. Once the certificate of financial responsibility has been submitted, you will need to pay a $75 fee to reclaim your driving privileges. There may be further costs that you may pay as well. Your DUI attorney will understand what these may be, but you are also free to contact the Washington Department of Licensing for more information. Email them at [email protected].

How do You Get Around a Suspended License?

It is possible to be approved for an Occupational Restricted License (ORL). This will permit you to drive back and forth from work, school, and various other locations that are deemed necessary. This type of license will restrict you to driving within certain locations at specified times. To apply for an ORL, you must pay a fee of $100 and possible supplemental fees. 

One of these fees may be for an ignition interlock device (IID). This device requires the driver to blow into it before starting the automobile. The driver must blow a 0.025 for the vehicle to start. 

Washington State Patrol has a list of IID installers. Once yours is installed in your vehicle, the vendor will submit proof. This device must be installed in any vehicle that you drive. Though expensive, it is a small price to pay to be able to continue getting to and from work or school. 

How do I Clear My Driving Record in Washington State?

Unfortunately, once a driving under the influence conviction is on your driving record in the state of Washington, it is permanently there. There are opportunities to expunge other infractions from your record. The state wants to ensure that if a driver receives multiple DUI charges, previous convictions are evident. 

So, there is no opportunity to expunge DUIs. This is why we strongly suggest getting a successful, experienced DUI Lawyer in Washington to ensure that every effort is made to reduce the charge from a DUI, to begin with. Remaining on one’s criminal record may be one of the harshest penalties that accompany a DUI. 

A DUI can make it difficult to gain employment, secure housing, and student loans and can even interfere with child custody. Your approach to a current DUI arrest can make a tremendous difference in your future. 

Contact a Washington DUI Lawyer as Soon as Possible

If you have been arrested for a DUI, it is in your best interest to contact a DUI Attorney in King County with Veitch Ault Defense. Our team is well equipped with experience, knowledge, and integrity and is ready to advocate for you in your driving under the influence case. Our experience and successful record make us your best choice for counsel when facing the seriousness of a DUI arrest. 
With over 40 years of combined experience and the designation of “Superlawyers” bestowed on Robert Ault and Jeffrey Veitch by Thomson-Reuters Super Lawyers, we are confident in their ability to aggressively fight for you. Their numerous awards and recognitions are evidence of their abilities and the respect they have garnered in the legal community. Our compassionate approach toward our client and our tenacious approach to the battle in front of us makes us a solid choice when you are faced with a life-altering DUI arrest. Reach out today for advice and guidance if you are struggling with a DUI charge.

How Likely is Jail Time for Your First DUI in Washington State?

When you are charged with driving under the influence (DUI) in Washington state, you are naturally anxious about the consequences if you are convicted. In this article, we will get into how a first-offense DUI conviction might look. Of course, call your Washington State DUI defense attorney to discuss the specifics of your case. 

Law Enforcement’s Best Guess

You can be arrested for a DUI because you fail a field sobriety test. Failing means you can be stopped because the officer is suspicious and then charged for doing poorly on the test the law enforcement officer chooses to administer once pulled over. The tests used are as follows:

• Balance tests
• Coordination tests
• Mental agility tests
• Eye tests

Though you can legally decline a sobriety test, it will not stop your impending arrest, and your refusal could be used against you in court. Refusal to take blood tests will be penalized by having your driver’s license suspended for an entire year. 

How Much is Bail for a DUI in Washington?

If you are arrested in Washington for a DUI, your next step will probably be posting bail. The judge will review your case and decide whether they will set bail. Washington state bail can be anywhere from nothing to $10,000. 

Not everyone can come up with the money it takes to make bail on short notice, so there are bail bond companies who may be able to arrange bail. These companies will provide bail in exchange for a percentage of the bail amount.

What is the Minimum Penalty for DUI in Washington State? 

To crack down on impaired driving in Washington state, their minimum penalties, even for first-time offenders, are stringent. Driving under the influence charges begins as gross misdemeanors for the first offense, with the condition that no one was injured. Listed below are the penalties that are outlined by Washington state law:

• $866-$5,000 and from one to 364 days in jail if the motorist’s BAC was under 0.15%
• $1121-$5,000 and jail time from 2 to 364 days if the driver had a BAC of 0.15% or higher
• Felony DUI if someone is killed or injured in the accident. Other charges, such as vehicular assault, may apply.

Any amount of jail time can be catastrophic to your future. It can affect your career choices, financial stability, family, and mental and emotional health. A DUI lawyer in Washington state can help you navigate the process so that your damages are minimized. 

What Happens if You are Convicted of a DUI in Washington State?

Along with the jail sentence and mandatory fines, a DUI in Washington state can become quite involved.  If you are served with a citation at the time of your arrest, it is mandatory that the driver appears in court before a judicial officer within one day. If the defendant was not charged with a citation at the time of the arrest, they have 14 days before being required to appear in court.

Suspended License

After a DUI conviction, your driver’s license will be suspended without the help of an experienced Washington state DUI attorney who will contest the suspension. You must request a hearing within 20 days of the arrest. To keep your license, the hearing examiner must side with you. 

If you fail to ask for a hearing or the hearing examiner rules against you, your license will be taken away for 90 days and two years. Prior offenses will be considered, as will the event’s seriousness.

The hearing examiner may rule in your favor. This does not let you off the hook for a possible DUI conviction. A DUI conviction will still see you with a suspended driver’s license. The suspension will be enforced for one year when a breathalyzer or blood test is declined. 

Such suspensions start 45 days after the Washington State Department of licensing is notified of the driver’s conviction. It can be complicated to get your license back, as prior offenses are considered. To ensure you have done all you can to retain your license, it is imperative that you call an experienced DUI attorney in Washington state. 

Temporary License

Sometimes, it is a necessity that you be allowed to drive. You could be eligible for a provisional license even if your driver’s license is suspended. A temporary license will allow you to drive to a limited number of places, such as the following: 

• Work
• Home
• School
• Healthcare facilities
• Court-ordered counseling or substance abuse treatment programs
• Community service programs 

To qualify for a temporary license, you must install an ignition interlock device (IID) in your vehicle. The driver will have to pass a breath test before his car starts. 

Ignition Interlock Devices (IID)

State and local courts often add other sanctions to a DUI conviction. Using an IID can, in some cases, keep you from losing your license. If the motorist had a minor under 16 years old in their vehicle when the DUI occurred, the IID requirement would be extended an additional 60 days.

Electronic Home Detention (EHD)

A judge may sentence an impaired driver to house arrest. This is sometimes called electronic jail. The sentence will be served at home using an ankle monitor. This method uses a computerized device attached to the driver’s telephone and an ankle bracelet to monitor movement. House arrest is only a possibility for a first-time offense. 

If approved, an EHD is expensive, and the convicted party incurs the cost of the device. To avoid the compounding expenses of a DUI, you should contact a Washington DUI criminal defense Lawyer.

Probation

If the judge deems the driver a low-risk offender rather than a jail sentence, they may grant probation. Some of the stipulations required to be eligible for probation are that the driver is gainfully employed and that the defendant has a limited criminal history. 

The court will assign a probation officer with whom the driver will be in regular contact. There are costs associated with probation as well. Fees generally range from $50 to $75 a month.

Drug and Alcohol Counseling and Treatment Programs

Judges sometimes require convicted offenders to complete a drug or alcohol treatment program successfully. The offender must complete the assigned program or face more legal consequences. These must be paid for by the person attending the program. 

Deferred Prosecution

An experienced DUI lawyer may petition the court to place the case on a deferred prosecution as an alternative to jail time and fines. This program benefits people who have alcohol and drug problems with the option of treatment without all of the consequences of their crime. 

The convicted party will not be charged with a crime, so no jail sentence or fines are required. After completing a two-year treatment program, the DUI charge is discharged from the public record. During this time, the convicted must not violate the court order granting the deferred prosecution. 

Eligibility depends on several requirements, which are listed below:

• The court must find that imposing a mandatory minimum sentence would put the person being prosecuted at significant risk, mentally or physically. Those defendants who cannot afford the fines and costs associated with the program may have their costs reduced. 
• A diagnosis of alcohol or drug dependence or a mental health issue is required. 
• Enrollment in a drug, alcohol, or mental health counseling and treatment program is mandated, and the defendant must comply with all prescribed treatment recommendations.

Speak to an experienced Washington state King County DUI defense lawyer to help you minimize the impact of a first-offense DUI. A mistake should not define your life. We are DUI Defense Attorneys based in Bellevue and Lynnwood. Reach out today for a free consultation, where we will investigate your case and examine your options. 

Can You Beat a DUI in Court Without a Lawyer? | Washington State

If you have been charged with a DUI, you may consider handling it without hiring a lawyer. While this may work in theory, it will likely be a different story in practice. There are things that a trained legal mind will catch that regular citizens may not be aware of. To beat a DUI charge in court, a Washing state DUI criminal defense lawyer is your best bet.

 Do I Need a Lawyer for my DUI Case? 

The short answer is yes. A DUI charge can alter your plans for the future. Even a first offense can cause problems like the following: 

• Professional licenses can be revoked.
• Loss of educational opportunities since some schools do not admit those with criminal records.
• Missed work for serving time in jail can result in lost wages and sometimes job termination. Employers do not often hold a job for someone who is in jail.
• Family upheaval 
• Disqualified from being able to participate in an adoption
• Custody issues
• Expensive fines, treatment programs, and devices like ankle monitoring systems and ignition interlock devices can sap your money quickly.
• Future charges could be much more severe because you will have a prior criminal record.

With so much at stake, hiring an attorney is a small investment to help you avoid the harmful impact a DUI conviction would have on your life. From the arraignment phase, the evidentiary hearing, the pretrial hearing, and the actual trial, a capable criminal defense attorney will understand the process and know how to navigate it in a way that best benefits you. 

What Does a DUI Attorney Do? 

A DUI criminal defense attorney understands the legal system. There are several actions they could take for your benefit. The following are a few examples of things an attorney can do for you:

• Analyzing the arrest, including why you were pulled over, your field sobriety test, and the chemical ones. An experienced lawyer will know how to look for discrepancies that can be used to your advantage.
• Your attorney will review the evidence the prosecution has against you, like police reports, witness testimony, video, and photographic footage of the traffic stop and arrest. There are things that laypeople would not know to watch catch when investigating on their own.
• Lawyers are expert negotiators. Your attorney may negotiate with the prosecution to reduce or dismiss the charges against you or secure a plea bargain deal in your best interest. 
• In the evidentiary phase, a criminal defense lawyer will challenge any evidence that may have been obtained illegally or may be violating their client’s constitutional rights. 
• Your lawyer can advise you of the potential consequences of a conviction so that you are well informed about jail sentences, suspended licenses, fines, and other penalties.
• They will cross-examine the prosecution’s witnesses to prove your case.
• Sometimes, they can assist their clients in getting the treatment and counseling they may need and, in the process, have the charges against them reduced or dismissed.
• Administrative proceedings can be complicated especially surrounding a suspended driver’s license. A lawyer can help navigate it.
• At every stage of the legal process, your attorney will advocate for your best interests. 

How do You Get a DUI Dropped? 

Your attorney will study your case and come up with a strategy to have your case dismissed. This could be by convincing the judge that the traffic stop wasn’t legitimate. The case will be dismissed if the judge believes there was no probable cause to stop the defendant. 

If the accuracy of the sobriety testing is in question, the charges against you could also be dropped. The timing of the test matters, as does the testing process, and the testing devices must be properly calibrated. If these are not done appropriately, the charges against you may be dismissed.

Your lawyer may be able to negotiate a plea bargain for you. You would agree to plead guilty to a lesser charge in exchange for a reduced sentence. 

What are the Chances of Getting a DUI Case Dismissed?

Due to technology like bodycams, dashcams, and breath and chemical tests, fewer DUI cases are dismissed these days. To get a case dismissed, you need a lawyer who understands how to interpret the evidence so that they can best argue for a dismissal.

What can a DUI be reduced to in Washington state?

Your Washington state DUI criminal defense attorney may be able to negotiate a reduced charge for you, like reckless or negligent driving. These offenses carry much lighter penalties than a DUI conviction. 

Contact our DUI Defense Attorneys

If you have been accused of a DUI, reach out today so that we can investigate your case and formulate a plan to fight the charges against you. Our legal team will not let you go through this challenging time alone. We will be at your side from arraignment to dismissal or trial if it comes to that. We are ready to do what it takes to ensure our clients receive the best outcome imaginable.

What Evidence is Needed for a DUI Conviction in Washington State?

For a jury to find you guilty of driving under the influence (DUI) in Washington state, there needs to be compelling evidence that proves your guilt. Fortunately, when you are on trial for a DUI, your Washington state DUI attorney understands police procedures, types of evidence, and how to challenge it. 

What is Considered a DUI in Washington? 

The law in Washington considers a motorist to be driving under the influence when they are impaired by alcohol, marijuana, and other drugs. Alcohol and drug tests will be administered within two hours after driving to determine if the driver’s blood alcohol concentration (BAC) is .08 or higher if there is a THC concentration of 5% or higher. 

Commercial drivers will be charged with a DUI if their blood alcohol content is 0.04% or higher. Since they drive for a living, the state holds them to an even higher level of accountability than the average vehicle operator. 

The rules are even more strict for individuals under 21 years of age. A BAC of 0.02% will see them charged with a DUI. This means that if a driver is under 21, they must not have a drink at all and get behind the wheel because the penalty will be steep.

What is the Process of a DUI in Washington State?

There are several steps in the DUI process. It is beneficial to have a Washington state DUI attorney to navigate the entire complex process for you. We will start at the beginning and work our way through explaining the process. 

Arraignment

The arraignment is a mandatory hearing where you will enter your plea to the court, you must consult with your lawyer before doing this. At the hearing, the conditions of your release are set if the judge sees fit. 

The court will determine whether releasing you will put your community at risk or if you pose a flight risk. This will be decided by the judge’s review of your criminal history, your roots in the community, and your breath test or refusal to participate. 

Normally, the arraignment takes place soon after the arrest, in most cases, within 30 days. 

But, legally, the prosecution can file their charge up to two years. 

Pretrial Hearing

The pretrial hearing is where negotiations begin. If negotiations go well, the case can be resolved or dismissed then, though it may take more than one hearing to arrive at a suitable result. Your DUI defense attorney will receive information about your arrest and begin their investigation. 

If the pretrial process did not resolve the charges, then the case moves on to the next step before going to trial. 

Evidentiary Hearing

At the motion hearing, the court rules on which evidence is allowed at trial. Law enforcement testimony is permitted, and your DUI attorney will have the chance to question them. The judge will listen to arguments about the evidence and rule on it. 

Your defense team will have prepared a persuasive case as to which evidence should be suppressed. If things go well, the process may stop here. If the prosecutors do not have enough evidence to successfully convict you, the case will be dismissed. 

But, if the case is not resolved at this step, you will move on to the next phase, the trial.

Trial 

Your attorney will be prepared to argue that you should not be convicted. The defense may argue that there was insufficient evidence or about of procedural issues with your arrest. 

The prosecutor will introduce evidence and testimony of police officers, witnesses to the alleged crime, and expert witnesses. Following that, your attorney will then cross-examine the witnesses. If there is evidence or testimony that can support your case, it will be presented as well.

Verdict

After both sides have presented their case, the judge or the jury will deliberate until they decide your guilt or innocence. In the case of a not guilty ruling, the case will be dismissed. If you are found guilty, the conviction will be entered. DUIs are permanent in Washington state. They cannot be removed or expunged for any reason. 

If you and your legal team believe that there was mishandling of the law or a problematic evidentiary ruling, you can take the next step, which is an appeal to a higher court. 

What is admissible in Court for a DUI Case?

When you are in court for a DUI, though the law enforcement officers who arrested you may testify, that testimony rarely convinces a jury without other evidence to back up their side of the story, the prosecution must present evidence that convinces the jury that you were impaired and broke the law by driving that way.

Below are the types of DUI evidence that can be admissible in court:

• Field sobriety tests
• Chemical sobriety tests
• Declined sobriety tests may be used against the defendant
• Testimony of the arresting officers
• Crime scene evidence
• Drugs or alcohol found at the scene
• Expert testimony

Washington State DUI Lawyers

An experienced Washington State DUI lawyer can help you navigate each phase of your DUI journey, from arraignment to dismissal. We will investigate your case, analyze the evidence, and find the way that the resolution of the case will most positively impact you.

DUI Patrols and the 4th of July

As comfortable temperatures return to Western Washington and July 4^th festivities approach, it is important to remember that law enforcement departments across the state routinely increase DUI patrols while we celebrate our country’s independence. Specifically, Washington State Patrol (WSP) troopers often employ the following methods of enforcement during this time of year:

• patrols during specified times and in areas known for DUI activity;
• participation in multi-agency emphasis patrols;
• use of drug recognition experts; and
• use of unmarked patrol vehicles and aircraft.

More than 43.6 million Americans are expected to hit the roads between July 1^st and July 5^th for Independence Day. If these predictions are accurate, this would be the second-largest travel volume on record, even with commuting traffic still at pre-pandemic rates. Specific to Washington State, John R. Batiste, current chief of WSP said just this past week, “Stunning climate and summertime holidays usually carry higher volumes. We count on this year to see important pent-up demand to get out and get [back] to our pre-pandemic life.” Thus, regardless of whether such actually occurs, Washington State law enforcement is certainly expecting to see more impaired drivers on the road this weekend… However, you choose to celebrate our nation’s independence, please do so responsibly. Attorneys at Veitch Ault & Associates can be reached 24/7 at 425-452-1600.

4th of July Leads to an Increase in DUIs

Avoid a 4^th of July DUI

The 4^th of July celebrates the birth of America, but unfortunately, it comes with a downside. DUI incidents significantly increase during the 4^th of July holiday, resulting in countless deaths and injuries. From 2015 to 2019, 1,339 drivers were killed in motor vehicle crashes over the 4^th of July holiday period, 38% of which were drunk.

After missing out on the 4^th of July fun in 2020 due to the COVID-19 pandemic, people are itching to get out and celebrate this year with family, friends, food, and fireworks. However, alcohol and drugs will surely be involved. As a result, law enforcement agencies will work tirelessly to detect and deter drunk drivers on the 4^th of July by stepping up enforcement efforts. Police officers are well aware of what the 4^th of July celebrations entail.

This could mean more arrests, charges, and convictions. If you’ve been arrested for DUI, call our law firm at (425) 307-5515 for powerhouse defense.

Penalties for Driving Under the Influence in Washington State

DUI is a unique charge because it carries both administrative and criminal penalties upon conviction. Administrative penalties include license suspension, alcohol/drug assessment and treatment, additional driving points, and ignition interlock device installation. Losing your driving privileges will make it difficult for you to get to work, school, appointments, and errands, resulting in a variety of personal and professional consequences.

The criminal consequences are also life-changing. In Washington State, a DUI is a gross misdemeanor, which means any crime that is not classified as a misdemeanor or felony. Gross misdemeanors are generally punishable by up to 364 days in jail and/or $1,000 fines. Depending on your circumstances, however, you may experience longer jail time and higher fines.

Steer Clear of a DUI Charge with These Tips

With these frightening punishments in mind, our attorneys feel it’s necessary to share some safety tips to consider as you arrange your 4^th of July plans. We want you to have fun but be safe. As such, here are some tips to help you avoid a DUI charge:

• Plan ahead: Ask a friend or family member to be your designated driver, or “DD,” to ensure you have a safe ride home. Even if you don’t intend to drink initially, plans may change, therefore it’s in your best interests to designate a sober driver who you can rely on.
• Stay overnight or book a hotel: If you can’t secure a DD or your DD ends up drinking, consider spending the night at the host’s home or book a hotel or motel instead.
• Drive defensively: Let’s say you are completely sober while driving home. While you may be driving safely, you can’t trust that other drivers will, too. Intoxicated drivers are on the roads more than you may assume, particularly during the 4^th of July, which is why we advise you to drive defensively. Be aware of your surroundings at all times.
• Don’t drive while impaired by drugs or alcohol: Even if you only had one or two drinks, do not drive. Many people make the mistake of thinking they’re “sober enough” to drive because they only had a “little bit” to drink. The reality is, however, that consuming any amount of alcohol or drug is too much if you plan on driving afterward. The same advice holds for drugs. Putting any amount of any substance may increase your chances of getting a DUI charge, therefore, you should avoid doing drugs or drinking alcohol before driving altogether.
• Use rideshare companies like Uber and Lyft or cab services: People use rideshare services after drinking for a reason, and you should take advantage of these services if you don’t have a safe ride home. Some companies like AAA may offer free rides during the holidays depending on where you live.
• Do not mix alcohol with medications: While prescription drugs are perfectly fine to use if they were specifically prescribed to you and are taken as directed, consuming alcohol with prescription drugs in your system can be a recipe for disaster. Many prescriptions have warning labels that advise against drinking alcohol while using such drugs, and in the event that they don’t, you should not mix alcohol or drugs with your prescription medications, or any medications for that matter.
• Do not “sleep it off” in your car: Countless people believe that sleeping in their cars after a night of drinking is a safe choice. However, if a police officer pulls up, they could actually get a DUI charge. Why? If an officer determines through circumstantial evidence (i.e. warm engine, running car, keys in your lap, etc.) that you may have been driving under the influence, they may arrest you for DUI. As such, avoid sleeping or napping in your car to allow the alcohol to wear off, as your good intentions may have bad outcomes.

Key Drunk Driving Facts to Know

As part of its annual “Drive Sober or Get Pulled Over” campaign, the National Highway Traffic Safety Administration (NHTSA) shares these eye-opening yet informative DUI facts that you should know:

• In 2019, 515 people died in motor vehicle crashes over the July 4th holiday period (6 p.m. July 3 – 5:59 a.m. July 8, 2019).
  • 38% (198) of those fatalities occurred in alcohol-impaired driving crashes.
• During the 2019 July 4th holiday period, 69% of those who died in alcohol-impaired crashes were in a crash involving at least one driver or motorcycle operator with a blood alcohol concentration (BAC) at or above .15.
• Nighttime hours are especially dangerous: Over the 2019 July 4th holiday period, of the 198 people who died in alcohol-impaired motor vehicle traffic crashes, almost 4 out of 5 (79%) of them occurred in nighttime crashes (6 p.m.–5:59 a.m.).
• Approximately one-third of all traffic crash fatalities in the United States involve drunk drivers (with blood alcohol concentrations [BACs] at or above .08). In 2019, there were 10,142 people killed in drunk-driving crashes.
• Nationally, it is illegal to drive with a BAC of .08 or higher, except in Utah, where the limit is .05 BAC.
• Although it’s illegal to drive when impaired by alcohol, in 2019, one person was killed every 52 minutes in a drunk driving crash on our nation’s roads.
• Men are more likely than women to be driving drunk when involved in fatal crashes. In 2019, 21% of males were drunk, compared to 14% of females.
• Of the traffic fatalities in 2019 among children 14 and younger, 19% (204) occurred in alcohol-impaired driving crashes.
• Among the 10,142 alcohol-impaired driving fatalities in 2019, 68% (6,872) were in crashes in which at least one driver had a BAC of .15 or higher.
• In 2019, motorcycle riders involved in fatal crashes had higher percentages of alcohol impairment than any other type of motor vehicle driver (29% for motorcycle riders, compared to drivers of passenger cars (20%), light trucks (19%), and large trucks (2%).
• Nighttime is a particularly dangerous time to be on the roads: The rate of alcohol impairment among drivers involved in fatal crashes in 2019 was 3.3 times higher at night than during the day.
• On average, a DUI can set you back $10,000 in attorney’s fees, fines, court costs, lost time at work, higher insurance rates, and more.
• The financial impact of impaired driving crashes is devastating. Based on 2010 numbers (the most recent year for which cost data is available), impaired-driving crashes cost the United States $44 billion annually.
• If you’re caught drinking and driving, you can face jail time. Imagine trying to explain that to your friends and family or your place of employment.
• Drinking and driving can cause you to lose your driver’s license and your vehicle. This could inhibit you from getting to work, resulting in lost wages and, potentially, job loss.

As you can see, the dangers of drunk driving are fatal, costly, and life-altering. The 4^th of July holiday is known as one of the deadliest days on the road, and beyond that, DUI arrests and charges could very well increase. For these reasons, we urge you to get in touch with us online or at (425) 307-5515 if you are accused of DUI, call the Bellevue DUI Lawyers at Veitch Ault Defense and will fight for you!