Ten Tips to Avoid a DUI Conviction in Washington
It is 9:00 in the morning on a Sunday; you wake up with a terrible headache (which was to be expected) and a DUI ticket (which was not). She tries to remember the night before, but his mind keeps spiraling back to all the horror stories she’s heard about the expensive penalties and stigma of DUI. Are you going to jail? How will you get to work? What the heck is a matrix? You fight the urge to panic and decide to do something productive. So, go online and start researching Washington DUIs or Clark County DUIs or some combination of search terms that, through the magic of the internet, brought you to this article. As a practicing DUI attorney in Washington and having represented over 500 clients accused of DUI in the last five years, there are some initial actions that fundamentally help in a DUI defense case. This article is intended to serve as an attorney’s “wish list” for client actions after the incident and prior to our initial consultation. Take it as a tip for the “morning after” and your first 10 steps to mounting a successful defense:
1.) Write yourself an email that includes everything you can remember from your first drink to your release from custody. The email portion is important as you will have a contemporaneous statement (with date and time) that you and your attorney can refer to in the days, weeks, and months after the incident. The arresting officer has prepared or will prepare a police report that you can refer to over time. This report gains credibility due to the proximity of the narrative to the incident. Your email will do the same. Include all the details that you think would be relevant. Write the email in chronological order and try to include as many details as possible. It’s okay if you don’t know specific terms related to the DUI. In fact, it actually adds to the credibility of the record if it doesn’t look like you did a lot of research before writing.
2.) Take pictures. Once you clear your head and retrieve your vehicle from impoundment, it’s important to take pictures of both the location where he took the field sobriety tests and (potentially) the state of the road in the area where he was pulled over. Roadway shots are more important if the character of the roadway is changing (construction zone). If your camera has a date and time function that prints both on the photo, use this function for the documentation mentioned above. Take more photos than you think are necessary, as your attorney will probably choose one or two that they think best illustrate a potential defense (so give them a good variety of photos to choose from).
3.) If you had passengers in your vehicle or know the people who follow your vehicle, ask them to email you (preferably as soon as possible after the incident) with their memories and contact information about what they witnessed.
4.) If your driving was due to a mechanical problem in your vehicle, take the vehicle to a mechanic as soon as possible and ensure a diagnosis of the problem. Have this diagnosis on the mechanic’s letterhead with the date of the evaluation.
5.) If you were taking any prescription medication on the day of your DUI arrest, photocopy the labels along with your recollection of when you took the medication, how much, why you took it, and for how long you took it. been taking the medication.
6.) Understand that there are two “fronts” in the DUI war. After staring at your citation and breath test form for hours, regretting every wrong turn you took last night, you’ll eventually notice that in addition to the expensive towing form, you also have Licensing documents. Please note that the hearing request form must be mailed within 20 days of the date of your incident (not your charge). Also, keep in mind that the diamond-shaped hole in your license does not invalidate the license. It just means pending administrative action.
7.) In almost all circumstances, you will benefit from having an attorney assist you in the DUI process. The attorney can range from a public defender to an attorney who only accepts DUI cases (in Washington, an attorney may not present themselves as an “expert,” although some may tell you that they are). Choosing the right lawyer for most people involves feedback from friends and family who have used or know others who have benefited from the lawyer’s services. Often a “hunch” can come from the phone conversation with the attorney’s office and/or a sit down consultation. I recommend that people meet with at least two attorneys, if not more, to determine which one is right for them. Each attorney has a different style and approach to DUI cases. Most attorneys will be happy to answer questions about their experience with DUI cases (such as how often they defend DUI cases, their thoughts on your particular situation, and possible steps you can take to benefit your case).
8.) If this is your second DUI arrest, it is important to determine exactly when your prior offense occurred. Washington calculates “prior” DUIs for sentencing purposes as a prior DUI with a date of incident within 7 years of your most recent incident. PLEASE NOTE: A DUI that has been modified to “First Degree Negligent Driving” or “Reckless Driving” it does counts as a “prior” offense for the purposes of sentencing in your new position.
9.) If you had a prior attorney on your last DUI charge, please contact your prior attorney as soon as possible. This does not oblige you to rehire your former attorney, however, the attorney can serve as a valuable resource for the specific steps necessary to maintain a semblance of compliance with your prior case obligations.
10.) If you are in deferred prosecution and receive a new DUI, it is important to refer to the terms of the deferred prosecution agreement you entered earlier. Under the terms of most deferred prosecutions, you must (1) provide a breath sample, (2) tell your probation officer, and (3) tell your treatment provider if a new offense occurs. While there are various conditions depending on the county in which your deferred prosecution was entered, I have never seen a client not benefit from at least contacting their treatment provider and entering some form of relapse prevention prior to arraignment. .
Disclaimer: This information does not create an attorney/client relationship. Each Washington DUI case has specific individual facts. You should not rely on any of this information without first speaking with a qualified Washington DUI attorney. For more information, visit http://www.vancouverlaw.net/dui.html.