Posts tagged criminal defense

When Stopped for DUI – Advice from a DUI Criminal Defense Attorney

When stopped by an officer while driving after consuming alcohol you should be respectful to the officer and identify yourself by providing your driver’s license, proof of registration, and car insurance.

If you have any difficulty understanding the English language, especially complicated English such as legal terms, request for an interpreter in your first language as soon as possible.  The officer will provide an interpreter by phone if requested.  You should not attempt to understand the officer’s instructions if there is any language barrier.  This is not the time or environment for you to be shy or embarrassed about not understanding English fluently.

The officer will eventually ask you questions related to alcohol.  I would recommend declining to answer any questions related to alcohol.  The officer will likely order you out of your vehicle so he or she can conduct a DUI investigation. The officer will ask you to perform field sobriety tests and/or to submit to a DUI portable breath test.  You should not take any field sobriety test and/or portable breath test, they are voluntary, meaning there is no requirement by law for you to perform either test.  If you decline to take any of the tests the officer will make a decision to either release or arrest based on the officer’s observations up to that point.  The primary reason I advise people to decline taking the field sobriety tests is the fact that the tests are physically difficult and they become even more difficult when you are accompanied by un-ideal circumstances such as; uneven roadways, lack of adequate light, other vehicles driving by, and loud traffic noises making it difficult to hear and concentrate.  The tests are difficult, respectfully decline taking them.

After an arrest for DUI, a person will be taken to the police station.  There they will be presented with at least two forms, the Constitutional Rights Form and the Implied Consent Warning form.  These two forms are very important because they explain your rights and consequences of exercising your rights.  If you have any questions about the forms, do not hesitate to ask the officer to clarify the information so you will have a full understanding.

The Constitutional Rights form will advise a person of their right to have an attorney.  I recommend you always ask for an attorney whenever confronted with a criminal investigation.  It does not matter if you do not know a criminal defense attorney to call.  The officer will contact a defense attorney by phone at no cost to you.  You will be provided a private room to talk to the attorney and ask questions.  Again, if you have any difficulty understanding English you should request to have an interpreter made available to you.

The request to submit to a breath test at the police station is very different and separate from the request to submit to a portable breath test out on the field.  The DUI portable breath test is voluntary and there is no negative consequence from declining to take it. However, if a person declines to take the breath test at the police station it will likely result in a revocation of your driver’s license for at least one year.  The decision to take the breath test at the station is dependent upon many factors, consult your DUI defense lawyer for their recommendation.  I Generally recommend, if it is a person’s first DUI arrest and the person did not consume a lot of alcohol then they should take the breath test.  However, if a person has prior DUI arrests and/or consumed a lot of alcohol then they should not take the station breath test.

In short:

  1. Be respectful to law enforment.
  2. Ask law enforcement for an interpreter if there is any language barrier.
  3. Do not take the field sobriety tests or the portable breath tests, they are voluntary.
  4. If you have questions about legal forms, always ask the officer to clarify until you have a full understanding.
  5. Request to speak to a criminal defense lawyer.
  6. Ask your defense attorney for their recommendations.

If you don’t have a DUI criminal defense attorney’s number programmed into your cell phone, you should do so now, David O 206-459-6392, you never know when you might need it!  I am here to help.

 

David O Defense – Criminal And DUI Litigation – Accreditation By Better Business Bureau

David O Defense Criminal and DUI Litigation is proud to announce its commitment to the marketplace ethics by earning Accreditation with Better Business Bureau.  As a BBB Accredited Business, David O Defense has met BBB’s Code of Business Practices and has agreed to maintain honest and reliable business practices.

BBB’s Accreditation Program recognizes dependable businesses that are making the public pledge to:  Be transparent, be responsive to customers, advertise honestly, honor promises, and act with integrity.

The DUI and criminal defense attorneys at David O Defense want current and prospective clients to feel confident that David O Defense is a reputable law firm they can trust and depend on.  The attorneys are strongly committed to lead the Seattle and Washington State criminal defense marketplace with strong values, trustworthiness, client care, and integrity.

Farrah Abraham’s DUI Defense Attorney Keeps Her Out of the Pokey

Remember “Teen Mom” reality star, Farrah Abraham denying she was DUI (driving under the influence) back in March when she was out partying with her sisters for St. Patty’s Day.  And just days after the DUI arrest, Farrah released statements in her defense that she was sick and not drunk, “Because I’m sick, I could not give an accurate breathalyzer test.”

Apparently, Farrah’s DUI defense attorney did not want to use “Because I’m sick..” as the primary defense theory of the case.  Instead, her criminal lawyer is having her plead guilty to the DUI charge on June 20th.

If the judge agrees with the recommendations made by her defense attorney and the prosecutors, Farrah will avoid jail time completely.  Farrah will be placed on probation, have her driving privileges revoked, and pay $5oo.00 in fines.  Another benefit with pleading guilty to the DUI charge, Farrah’s additional criminal charge of disorderly conduct will be dismissed.

For more info. on Ms. Abraham’s DUI arrest, go to my previous blog Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?  

 

Written by S.O

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com