Posts tagged DUI defense attorney

The Signs an Officer is Looking for when they pull someone over for a Possible DUI

When a law enforcement officer pulls a person over for a possible DUI (driving under the influence) they will be watching that person closely. Specifically, the officer will be observing that person’s behavior and physical actions to determine if that person is under the influence of alcohol and/or drugs.

Here are some common signs a trained officer will look for when they first pull someone over for a possible DUI.

  • Difficulty rolling down the window or difficulty exiting the vehicle
  • A red colored or flushed face
  • Bloodshot, watery, red, or glossy eyes
  • Clothing soiled or out of sorts
  • An odor of alcohol comes from the car or from the person’s breath
  • Slurred speech
  • Has a difficult time finding a driver’s license or proof of insurance
  • Attempts to hide something in car while an officer approaches
  • Cannot answer questions in a timely manner
  • Has an inappropriate response to questions
  • Lack of knowledge of time or current whereabouts
  • Does not or cannot follow directions
  • Uses their vehicle for support while standing
  • Sways back and forth while standing
  • Cannot walk straight or keep balance when walking
  • Angry, aggressive or inappropriate attitude

possible DUI

 

 

 

 

 

 

 

Typically, if a law enforcement officer observes some of these signs, they will continue to investigate that individual for DUI by asking them to take the DUI field sobriety tests. The field sobriety tests are voluntary tests, and the attorneys at David O Defense always advise NOT to take the field tests. The test are difficult and if a person decides to try the tests, they will fail. Even a sober athletic person would have some difficulty passing the tests.

An officer will also ask the individual to blow into a portable breath test to get a reading on their blood alcohol concentration (BAC). This is also a voluntary test. The DUI defense attorneys at David O Defense always advise NOT to take this test as well.

When under investigation for a possible DUI, a person should politely tell the officer that they want to contact their DUI attorney immediately. An experienced DUI attorney will be able to provide guidance through the situation.

If you don’t have a DUI attorney’s phone number programed in your phone, make sure you put David O Defense in your contacts, 206-459-6392. The attorneys at David O Defense are experienced DUI lawyers and are available if you ever need help!

DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

Austin Seferian-Jenkins Talked Too Much and Scored a DUI

It just never pays to talk too much to the police, especially when they suspect you’ve been DUI, Driving Under the Influence of alcohol.  Nobody knows this better than pro NFL player, Austin Seferian-Jenkins, who could have slipped away from police with just a written warning for speeding.  Instead of using the right to remain silent, ASJ chose to chit-chat with officers which lead to a DUI charge.

It was about a month ago when former University of Washington Husky and now New York Jets tight end, Austin Seferian-Jenkins was pulled over by Florida Highway Patrol.  According to police reports, ASJ was allegedly speeding 75-80 mph in a 55 mph zone.  During the questioning, officers discovered that they had pulled over a pro athlete and this may be the reason they were going to let him go with just a written warning, even though they could smell alcohol on this breath.  However, Seferian-Jenkins couldn’t keep quiet.

ASJ continued to make small talk with the officers.  He talked about passing the DUI field sobriety tests, he apologized to the officers  for wasting their time, he spoke about his catches on the football field and recent touchdowns, he continued telling the officers how he wanted to go to his quarterback’s house for a meeting and how he wanted to go home after and watch American Horror Story.

The officers could hear Seferian-Jenkins slurring his words and observed odd behavior. All the babble gave the Highway Patrol time to check his driver’s license which revealed ASJ was required to have an ignition interlock device in his car from a previous DUI charge back in Washington State.  This was enough for officers to arrest and charge ASJ for drunk driving.

Quiet Please Pop Art Woman, Austin Seferian-Jenkins DUI blogWhile on his way to the station, the 6’6″, 262 pound NFL player kept saying he needed to take a, “huge sh*t,” right away.   The officer quickly replied not in his new patrol car.  ASJ laughed and said he wouldn’t but the officer better hurry and get to the station.

Here at David O Defense, our DUI defense attorneys always recommend very minimal talking with police officers.  Talking does not improve a person’s situation, it only makes it worse.  A person will not talk their way out of a DUI charge, they will only talk their way into a DUI charge, just as ASJ did!

SHHHH!  Don’t talk to cops!

 

 

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

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