Posts tagged DUI

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!

Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

business manI’ve been a criminal defense attorney for many years now and I have met with many clients.  Through client conversations and meetings I’ve noticed that clients tend to ask the same questions…  So I thought it would be a good idea to blog about these frequently asked DUI questions and other frequently asked questions and I will provide my answers.  Hopefully this Q&A is helpful!

Frequently Asked DUI Questions and More – Part 1

Q.  What is your legal fee for a DUI?

A.  I do not have a set fee for a DUI.  Because each DUI case and each individual charged with a DUI are unique I prefer to meet in person for a free consultation where I can discuss the circumstances of the case and  criminal history.  After getting to know more about the person and their case, I know how much work and time it will take to achieve the best possible case resolution and I can provide a flat legal fee quote.  On average I charge a flat legal fee of $4000 – $6000 for a DUI.

 

Q.  What is your legal fee for other criminal charges?

A.  I do not have set legal fees.  I prefer to talk with each individual charged with a crime, find out more about them and their case and then I can determine their cost for legal representation.

 

Q.  What is the penalty for a first time DUI offense?

A.  It depends on your Blood Alcohol Concentration (BAC) result when you blew into the DUI breathalyzer or had blood drawn or if you refused to provide a BAC sample:

BAC result less than .15 = 1-364 days in jail or 15 days of EHM (electric home monitoring), $941-$5,000 fine, ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or refusal = 2-364 days in jail or 30 days of EHM, $1,196-$5,000 fine, ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

 

Q.  Can you guarantee my case will get dismissed?

A.  No, I cannot guarantee your case will be dismissed and no other attorney should tell you that they can guarantee your case will be dismissed during the early stages of your case.  DUI cases and other criminal cases take a lot of work to negotiate, investigate, and sometimes going through trial before a resolution can be reached.  I cannot guarantee your case will be dismissed but my goal for each and every client is to work hard to achieve the best possible case outcome.

 

Q.  How should I dress for court?

A.  I tell clients they should dress as if they were going to church.  For men, slacks or nice jeans with a button down or collared shirt is appropriate.  Men do not need to wear a suit unless they would like to.  For women, a conservative dress, slacks or nice jeans with a blouse works well.  Dressing appropriately, shows the judge that you are taking the case seriously and that you are being respectful while in the judge’s presence.

That’s the end of Frequently Asked DUI Questions and More – Part 1. Hope it’s been helpful!  Link to Part 2.

The Disney Channel’s “Jessie” Charged with Felony DUI

If you have adolescent kids in your house who watch the Disney Channel, than you have probably caught a glimpse or two of the hit TV shows “Jessie” and “The Sweet Life on Deck.”  Unfortunately, the super starlet of these shows, 22 year-old Debbie Ryan, who plays Jessie on “Jessie” was recently arrested and charged with felony DUI.

According to LA police, Ryan allegedly made a left hand turn and crashed her 2016 Audi into a Mercedes Benz.  When police arrived they suspected Ryan of driving under the influence of alcohol asked her to take the DUI field sobriety tests.  Shortly after, the TV actress was arrested for DUI.  To make matters worse, the driver of the Benz was claiming they were injured during the accident which increased the charge to a felony DUI charge.

In California it is standard procedure for a misdemeanor DUI charge to be increased to a felony DUI charge if an injury is involved.

Here in Washington State, a misdemeanor DUI charge may be charged as a felony vehicular assault charge (RCW 46.61.522) if a person drives a motor vehicle “while under the influence” of alcohol, as defined by RCW 46.61.502, and “causes substantial bodily harm to another.”

Luckily, authorities decided to reduce the felony DUI down to a misdemeanor DUI since the Mercedes driver was not seriously injured and since Ryan’s DUI breath test was fairly low at .11, which is just slightly above California’s legal BAC limit of .08.

Earlier today, Ryan tweeted about the arrest, “Over the last few days I have had the chance to think about my actions, and I wish I had used better judgement. I recognize that I am a role model and have always worked hard to set a good example for my millions of fans. I am so sorry to disappoint everyone.”

Even Disney TV stars can make mistakes!  It sounds like this Disney princess is remorseful and will likely learn her lesson as she and her DUI attorney navigate through her DUI case.

 

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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