Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers

Bothell Kirkland King County DUI Drunk Driving Lawyer:  DUI Questions / Answers

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

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Question: Will I be able to get my DUI dismissed or removed?
Question Detail: I was charged with a DUI this past weekend. I'm 39 and have had only one traffic violation since I was 16. I was told I was pulled over for failing to yield to another traffic stop on the shoulder just prior to my right turn to exit the hiwy. I have never been in this situation before and was unsure of my rights. When asked if I would submit to the voluntary FST, I eventually declined...voluntary sounded fishy, but the officer was very stingy with his information regarding what happends to me if I refuse the test. I found out...I was arrested. Later he informed me that he did not want me to claim my FST results were skewed because I was "under duress" for fear of being arrested. As if I was not under "duress" from the moment his lights came on. At the station I was asked to do the voluntary breathalyzer test. Again, the officer would not tell me what would happen if I refused this test. Luckily, I asked then to speak to a lawyer. She informed me of implied consent (which I believe is the officers responsibility to do so?), since I did not wish to damage myself, only make educated decisions I consented to the test. I blew .067/0.64. My husband is soon to be unemployed again but I want this case to be treated fairly and competently, would a public defender be adequate? What do you think my chances are for dismissal/reduction of charges?

Many questions – many good questions.

First, we always advise that you never participate in the voluntary monkey test, called standardized field sobriety tests.  They never “prove” that you’re sober and they are designed for your failure.  Good job refusing.

Second, the BAC (breath test) at the station is technically voluntary, although there are potentially harsh penalties should you refuse.  These penalties (licensing penalties) have to be read to you in the Implied Consent Warnings. 

In your case it is very good that you provided a breath test at the station.  With your BAC, 0.064/0.067, it is very likely you will not get a DUI.  Even more unlikely you’ll get a DUI if you have an attorney.  Public Defenders do know what they are doing, so you’d be well advised to use them if you cannot afford a private attorney.  However, the question of penalties and the ultimate result is still difficult to answer.  Private attorneys made make this difficult road easier for you to travel, with lighter penalties and even a better result, but either way, a DUI does not look likely.

Reduction – yes; Dismissal – hard to tell.

Good luck

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook. 

Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable (425) 493-1115