Skip to main content

What You Do ~ When Stopped for DUI

Written by David O
4 Comments
What You Do ~ When Stopped for DUI

when stopped for DUIHave you ever been pulled over by law enforcement or been questioned by a police officer?  For some of us, it can be very intimidating and gut wrenching, we may forget the simplest things and our thoughts may become jumbled.  And just imagine being pulled over knowing you may have consumed some alcohol before getting behind the wheel, talk about stressful!  Here is what you do when stopped for DUI… and I’m going to keep it simple and straight forward so you can remember.

  1. Respect
  2. Ask
  3. No Talking
  4. No DUI Tests

Four things to remember; 1. Respect, 2. Ask, 3. No Talking, and 4. No DUI Tests.  Not too difficult to remember and if you follow these tips you will have a much better chance resolving your DUI case favorably or getting your DUI charge dismissed.

Let’s expand on what you do when stopped for DUI

  1. Respect – Show respect to the law enforcement officer.  Being respectful and polite will make the investigation go much quicker and smoother.  On the flip side, if you are disrespectful and uncooperative to the officer, the situation will only get worse and you may even rack up additional criminal charges such as; obstruction of justice.  Be respectful.
  2. Ask – Immediately ask the law enforcement officer to call your DUI attorney, it is your legal right.  If you do not have a DUI attorney, ask the officer to call a public defender.  Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.  Also, if English is not your first language and you are having difficulty understanding what the law enforcement officer is saying, ask for an interpreter.  To recap, immediately ask for a DUI attorney and ask for an interpreter if needed.
  3. No Talking – Do not try to talk your way out of the DUI investigation, it never works!  In fact, talking most often leads to self-incrimination.  For example if the officer asks if you had anything to drink that evening, most will often answer with saying they had something; one drink, two beers, one glass of wine, etc. and now they have admitted to the officer they did drink before driving, this does not help a DUI case.  If that person respectfully declined to answer that question than they would be in a much better situation for their DUI case because they never admitted to drinking alcohol.  Keep talking to the very minimum, only state your name, ask for your attorney and interpreter, and respectfully decline all other questions.  It is your legal right to remain silent, you will not get in trouble for not answering the officer’s questions.
  4. No DUI Tests – Do not take the DUI field sobriety tests or blow into the portable breathalyzer.  Both of these tests are voluntary, and you should respectfully decline taking these tests.  The DUI field sobriety tests are very difficult and a completely sober person would have trouble passing these tests.  Any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.  Blowing into the portable breathalyzer can be incriminating evidence used against you.  Don’t take the DUI tests.

When stopped for DUI and your starting to feel anxious, just remember; Respect, Ask, No Talking, & No DUI Tests.  Give me a call if you need a reputable DUI attorney, David O, 206-459-6392.

 

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , ,

Let’s Talk – DUI Penalties

Written by David O
4 Comments
Let’s Talk – DUI Penalties

Washington State is one of the toughest states in the nation when it comes to punishing those found guilty of DUI, Driving Under the Influence.  Even first time DUI offenders with no criminal history often suffer consequences such as suspended driver’s license, fines, and jail time.  And with each additional DUI charge, the consequences quickly become steeper and harsher.

So let’s talk about DUI penalties.

DUI also called DWI, Driving While under the Influence, is a crime handled at the state level. DUI penalties are mandated by the court and are determined by; the amount of alcohol consumed (breath test level), refusal of the breath test, prior DUI history, whether there was property damage while under the influence, or injuries to persons as a result of the DUI, and other criminal history.

In Washington, the maximum penalties for a DUI are 364 days of jail, $5000 fine and loss of license.  The minimum penalties for a first offense DUI if a person blew under .15 are one day of jail, $350 fine, and loss of license for 90 days.  The minimum penalties for a first offense DUI if a person blew over .15 are two days of jail, $500 fine, and a loss of license for one year.  The minimum penalties for a first offense DUI if a person refused to submit to a breath test at the station are two days of jail, $500 fine, and a loss of license for two years.

The minimum penalties for a second offense DUI within seven years, if a person blew under .15 are 30 days of jail, 60 days of electronic home monitoring, $500 fine, and a loss of license for two years.  The minimum penalties for a second offense DUI within seven years, if a person blew over .15 are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 900 days.  The minimum penalties for a second offense DUI if a person refused to submit to a breath test at the station are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 3 years.

The minimum penalties for a third offense DUI within seven years, if a person blew under .15 are 90 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program (ex: scram device), 120 days of electronic home monitoring, $1000 fine, and a loss of license for 3 years.  The minimum penalties for a third offense DUI within seven years, if a person blew over .15 are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.  The minimum penalties for a third offense DUI within seven years, if a person refused to submit to the breath test at the station are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.

DUI penalties can have a negative impact on someone’s life and this is one of the reasons it is important to contact a DUI defense attorney when charged with a DUI.  An experienced defense attorney will work hard to minimize DUI penalties, or possibly eliminate the DUI penalties all together by getting the DUI charge reduced to a lesser charge or by dismissal.

The attorneys at David O Defense are experienced and have a proven track record of serving our clients.  Give us a call today if you have been charged with DUI, we offer free legal consultations, 206-459-6392.

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , , ,

Likely 1st Round NFL Draft Pick, P.J. Williams, Arrested for DUI

Written by David O
Leave a Comment
Likely 1st Round NFL Draft Pick, P.J. Williams, Arrested for DUI

Last Friday, March 3rd, former Florida State cornerback P.J. Williams was arrested for DUI.  Florida State University Police reports say that Williams was clearly under the influence of alcohol due to his slurred speech and swaying back and forth while standing. Williams, however is denying the DUI allegation, saying he was not drunk that day and that he is planning to fight the case to prove his innocence.

The 21-year old football phenom allegedly was pulled over by Florida State Univ. police around 3 am for making an illegal left turn while exiting a McDonald’s.  Police also say they saw him swerve and almost side swipe a curb.

During the DUI investigation, police say P.J. Williams attempted to play the famous athlete card… don’t you know who I am?  I’m a FSU football player, about to be drafted into the NFL…  Needless to say, it had no effect on police and they still arrested him for DUI and hauled him into jail.

Later that morning, P.J. posted the $500.00 bail and was released.  Since the DUI arrest, P.J. has hired a lawyer to defend his drunk driving charge.  A few days later, on the 7th he officially pled not guilty to the DUI charge.

His lawyer released statements about the DUI arrest saying, “He did have a drink or two earlier,” but he cut himself off hours before getting behind the wheel to because he was the designated driver that night.  “… he was taking everyone to McDonald’s.  “It’s what 21-year olds do.”

P.J.’s defense attorney is optimistic about the DUI case, telling reporters that Williams did not submit to the DUI breathalyzer test or a blood draw so there is no BAC (blood alcohol content) result.  Additionally, the video surveillance taken by the police car dash cam may actually help P.J.’s DUI case.

Williams is adamant he was not DUI and he and his attorney plan to fight the charge to the end, even if that means taking the case to trial.  P.J. is due back to court soon.  The NFL draft pick begins on April 30th, and hopefully P.J.’s DUI arrest won’t hinder his chances of becoming a pro ball player.

 

 

BuzzWorthy Celebs, DUI / Drunk Driving / DWI, , , , , , , , , , , , ,