Drunk Driving Defenses: Strategies for Challenging a DUI Charge in Washington State

Discover ways to fight DUI charges and win.

If you’ve been arrested for drinking and driving in Washington State, it may be in your best interest to fight the charge. In Seattle and throughout Washington, a person caught driving with a Blood Alcohol Content (BAC) level of 0.08% or higher can be charged with a DUI.

Being arrested and charged for a DUI in Washington is a serious matter that comes with various life-altering penalties, including license suspension, jail time, community service, and installation of an ignition interlock device. But Washington State DUI cases are rarely a lost cause. Remember that you are innocent until proven guilty. There are a number of factors that can affect your ability to beat or reduce a DUI charge.

Probable Cause

In order to pull you over, a police officer must have probable cause, or in other words, he must have enough information to believe that you committed a crime. In DUI cases, a police officer must have had a specific and reasonable belief that you were drinking and driving before pulling you over. For example, a police officer may have seen you swerving across the road or driving erratically. Another suitable probable cause is a car accident or injury.

One of the first things to examine in your DUI case is whether the police officer had a valid reason to pull you over. If he didn’t, you can bring a motion to suppress, which could result in the case being dismissed. The defense of claiming that an officer lacked probable cause to pull you over is called improper stop. It is one of the most common arguments used by Seattle DUI attorneys.

Miranda Warning

If you are arrested for drinking and driving, the police officer must provide you with a Miranda warning, which consists of the rights you may have heard police officers repeating on TV, such as, “You have the right to remain silent.” If a police officer fails to read you these warnings, any statements that you make to the police can be suppressed.

Witnesses

If there are witnesses who observed your actions and behavior around the time that you were arrested for drinking and driving, you may be able to introduce them as witnesses. A witness may testify that you didn’t drink anything before you got in the car or that you seemed sober at the time.

Field Sobriety Tests

You may be able to have your charges dismissed or reduced if field sobriety tests weren’t administered properly or the results were inaccurate. A Seattle drunk driving lawyer who is familiar with field sobriety testing knows that these tests are designed to fail.

A DUI lawyer can challenge the highly subjective nature of the tests, the accuracy of their administration, and the credibility of the police officer who requested the tests. One of the field sobriety tests attorneys frequently challenge is the horizontal gaze nystagmus (HGN) test, which is supposed to detect eye movements associated with intoxication. At least one study has shown that police officers in the field perform the HGN test incorrectly about 95% of the time because most of them are poorly trained in how to administer the HGN test.

Call Baker, Lewis, Schwisow & Laws, PLLC to Request a Free Consultation

Facing DUI charges alone can be daunting. If you’ve been arrested for a DUI, it’s essential to contact an experienced attorney right away to ensure that your rights are protected. Baker, Lewis, Schwisow & Laws, PLLC is a DUI law firm in Seattle that can help you beat or lower your DUI charges in the State of Washington. Call 206.209.0608 or fill out our online contact form to set up a free consultation with our DUI attorneys in Seattle.