If you are arrested at a DUI in Washington State, the consequences can be great. A DUI conviction carries a mandatory jail time, mandatory license revocation, fines and court costs. Living in Washington state – bordering Canada – it is important to note that you may not be allowed to enter Canada if you have a DUI certificate. Add to this the personal costs of not being able to drive, inconvenience in prison and dealing with the consequences of employment; it is clear that a DUI conviction is extremely serious.
If you have been arrested for a DUI, the first thing you should do is find a DUI lawyer. Washington State DUI cannot be deleted from your criminal record. Although DUI is a serious offense, the defense is just as complex as the offense. This is because the DUI case involves the fusion of scientific evidence, police testimony and questions of constitutional law.
The scientific evidence in the DUI case includes a breath test. Using a breathalyzer is not as simple as blowing it into a tube. There is a mandatory procedure in place to achieve the most accurate results possible. If you have anything in your mouth that could even catch a drop of fluid, then the machine will give an artificially high BAC score. For example, poor denture fit, loss of restoration, untreated cavity, or puncture of the tongue could cause an error in the BAC reading. Prior to each breath test, an observation period is required. A police officer will check your mouth and then you cannot eat and drink until the waiting period is over and the breath test is completed; otherwise, food or drink may interfere with the breath test. It is important that you tell your lawyer if he or she has burglarized or thrown you during this waiting period as this can artificially increase your BAC reading.
The second and third questions – police testimony and constitutional law – go together. In order for police to stop your car, they must have reason to believe you have broken the law. That means the police have a valid reason to pull you over; can't just pull random drivers. Once your car was towed, the police must probably have a reason to arrest you for a DUI. To determine if constitutional requirements have been met, your DUI attorney will review police reports, videos in the car, and possibly interview the arresting office. Your lawyer must be able to determine whether the officer's statements are true and supported by other evidence or witness statements.
The DUI conviction is very serious. If you have been arrested for a DUI, it is vital that you hire a DUI attorney to begin your defense immediately.