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DATH PLLC
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DUI AND DWI

Let us help you navigate through this difficult landscape.

Driving under the influence can have serious consequences for you and those around you. On top of that, getting charged with a DUI can have serious and lasting legal consequences on your life and your work. Our experienced attorneys are here to help represent you and get your life back on the road. 

DUI generally includes driving under the influence of alcohol to the extent it impaired you physical and mental faculties, or driving while you have a blood alcohol level above 0.08%. The offense is mistakenly known as "drunk driving," although you don't have to be drunk, or driving, to be convicted of a DUI.

It is important to remember that Washington State's implied consent law means hat if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.
What to do if You've Been Pulled Over After Drinking

​Every Washington driver should know how to protect themselves if they are pulled after you have consumed drugs (including cannabis) or alcohol:
  • Have your license, registration and proof of insurance ready.
  • Roll down your window three inches.
  • Hold your license, registration and proof of insurance out your window for the police officer.
  • If the officer asks any questions, you respond:  “Am I free to go.”
  • If the officer says anything besides indicating you are free to go, immediately state: “I would like to speak to an attorney before answering questions.”
  • Remain silent, unless the officer asks you to do anything, like step out of the car.
  • If the officer asks you to step out of the car, you respond only: “I am happy to cooperate.”
  • If the officer asks you to perform field sobriety tests, decline. Explain that you were advised not to, but that you would be happy to go down to the police station to cooperate in any breath or blood tests they may require.
  • Do not perform any of the field sobriety tests.
  • Remind the officer that you would like to speak with your legal counsel before you are handcuffed.  Continue asking to speak with legal counsel until you are connected to an attorney.
  • If the officer decides to take you into the police station, ask if you can call for someone to come pick up your car.
  • Ask the officer to allow you to take your personal possessions with you—your phone, wallet, purse, etc.
  • Remain silent except for these requests.
  • Our office can be contacted any time, day or night.  Keep our emergency number in your purse or wallet, tell the officer where the number is located, and insist on calling us.  If you are unable to reach us for any reason, you must insist on speaking to a public defender.
  • Make sure you speak with your lawyer before taking the breath test at the police station.  The penalties for refusal are almost always harsher than the penalties for taking the test, but this is best decided with the assistance of legal counsel.  
  • You may ask the officer questions regarding the breath test or the penalties for taking or refusing the test.  You may keep asking until you understand.  You may also ask to speak to counsel again if you need to do so.
  • Cooperate as fully as you can with the breathalyzer test at the police station.  This means take a deep breath, and blow as hard as you can into the breathalyzer for as long as the officer tells you to.
  • Pay attention as to whether the officer leaves you, or fails to monitor you throughout the testing process.
  • Watch for the officer to run to external samples.
  • Ask for additional tests.  You have the right to an additional test of your breath or blood, administered by a person of your choosing, after you have submitted to a breath test.  Exercise of that right can provide evidence in your favor, and the government’s failure or refusal to assist you in your exercise of this right can lead to the exclusion of their evidence against you.
  • Other than asking the limited questions discussed above, you must remain silent.  The smallest mistakes as to innocuous details, like the time, could be used as evidence of your intoxication.
  • Call our office the next day. There will be urgent court deadlines, and we can immediately assist in meeting fulfilling your legal obligations, and disputing the suspension of your license.
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  • Home
  • Services
  • Our Team
  • Contact Us
    • The Firm
    • Make an Appointment
    • New Client Form
  • Confidentiality Statement
  • Employment