Can DUI offenders be rehabilitated?

There seems to be no shortage of news stories on drunk driving lately.  Two high school graduates are killed by a DUI repeat offender.  An intoxicated mother crashes her vehicle–her two young children survive.  Most people are enraged when they hear these stories.  It is a horrific reality: drinking and driving can be deadly.

With that said we must remember that every accused person deserves their day in court.  This is the way the American Justice System works.  Many people with drinking problems can be rehabilitated, and I have seen that first hand in my law practice.

Part of my job as a DUI lawyer is to facilitate professional treatment for those people who suffer from alcoholism or drug addiction.  Washington law requires that everyone accused of DUI must get an alcohol evaluation.

For many people a DUI is an isolated event–a one time mistake that they will never repeat.  For others, a DUI is one of many indicators that they have a serious disease.

The professionals at Associated Behavioral Health and New Life Recovery Solutions are very good at their jobs.   They assess whether or not a person accused of DUI would benefit from treatment.  If treatment is recommended the court will enforce that recommendation and make it a part of the sentencing conditions.

Can DUI offenders be rehabilitated?  Yes, they can.  Many people who get arrested for DUI completely turn their lives around after the experience.  Washington lawyers, judges and treatment providers who handle DUI cases are taking their roles very seriously.  We all know that our words and our decisions play an important role in whether or not an alcoholic corrects their problem.  We must do what we can to help one another and hope that our influence is a motivator for change.

Breath Tests in Washington State

Getting stopped by law enforcement, whether or not you have been drinking alcohol, is a very stressful experience.  Once an officer asks a driver if they have been drinking chances are good that a DUI investigation will begin.  For many people it is difficult to know how to respond to an officer’s questions and commands during a DUI stop.  This article deals with one important part of the DUI investigation:  The breath test(s).

There are really two different breath tests you may be asked to perform in this situation. The first is a portable breath test (PBT).  The second is the BAC (Breath Alcohol Content) machine which is performed after an arrest at the police station.

The PBT is a device that officers carry with them in their patrol cars.  Usually, they will ask the driver to step out of their car and blow into it.  Most of my clients tell me that officers make this seem like a command rather than a request.  Alternatively, an officer will make it seem like you can go home if you pass the test.  Do not be fooled.  If you have drank alcohol and you take a PBT chances are very good that the officer will arrest you directly after you do a PBT.  If you have already taken Field Sobriety Tests, which I also advise you not do, then the officer will probably arrest you anyways.  In Washington state, you do not have to take a PBT.  You have a right to decline the PBT and I advise all of my clients to not take it.

If you take a PBT it cannot be used against you as evidence at trial.   However, the prosecutor will see the PBT result in the evidence, and it absolutely affects their willingness to reduce DUI charges to a lesser charge.

The BAC machine Washington state is currently using is the Datamaster.  The Datamaster is a better measurement of breath alcohol content than the PBT, but it is often far from accurate.  In recent years, the results of the Datamaster have been suppressed as evidence in many Washington courts due to serious deviations from procedure at the Washington State Toxicology Lab.

*I advise my clients to take the BAC test at the station!  It is better to let the officer collect whatever breath alcohol sample s/he wants at the station and let the attorneys deal with the reliability of those samples later.  The consequences for refusing a BAC test are harsh! You will face penalties imposed by 1) the Department of Licensing (DOL) and 2) the court.  The DOL sanction alone for refusing to take the breath test is a one year license suspension for your first DUI and a two year license suspension for your second DUI within seven years.

The reason the state can suspend your license upon a refusal to take a breath test is due to Washington’s Implied Consent law:

RCW 46.20.308 reads:

(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.

So if you ever find yourself in this unfortunate situation within Washington state remember to be polite and cooperate with law enforcement, decline to take a roadside PBT, and take a breath test at the police station.  Your DUI attorney will thank you.

*If you have been arrested for DUI multiple times check with your attorney for advise on whether to take the BAC test.

DUI arrests near the 520 bridge often go to Redmond District Court.

Unfortunately, many DUI arrests are made near the 520 floating bridge near Seattle’s “Eastside.”  With all of the beautiful scenery it is easy to overlook the change in speed limit (from 60 mph to 50 mph) on the 520 bridge.

The only thing an officer needs to pull you over is “probable cause” that you have committed a traffic violation.   Speeding is always probable cause to make a traffic stop (unless the officer does not collect an accurate measurement of your speed or there is another problem with the speeding allegation).  As of June 2010, even talking on your cell phone is “probable cause” for law enforcement to stop your vehicle!

If you have been stopped or arrested on suspicion of DUI near the 520 bridge it is important that you consult with a lawyer immediately.  Your legal case will probably end up in the King County District Court in Redmond.  You will need a Redmond DUI lawyer who is experienced defending individuals in this court and has a record of getting successful results.

Do you have court in Redmond for a DUI?

If you were arrested for DUI anywhere near the 520 bridge there is a strong chance that your case will end up at the Redmond Court- East Division- King County District Court. Also, if you were stopped by a Washington State Trooper on Interstate 405 your case may end up in the Redmond Court.

You should speak with a DUI lawyer who has experience representing people charged of DUI at the Redmond Courthouse.  It is important to call a Seattle DUI lawyer within days of the arrest.  If you refused to take the breath test or blew over .08, you only have 20 days from the date of arrest to challenge the suspension of your driver’s license.

Karlie Valdez has been defending individuals charged of DUI on Washington highways since 2003.  She is familiar with the judges, prosecutors and procedure at the Redmond Court, and she has a strong record of defending people accused of DUI.  If you were recently arrested for DUI in Washington call Karlie Valdez for a free one hour consultation.