DUI Cases Are Different
DUI cases are extremely complicated, and the stakes are high for you, your family, and your driving record. Hiring an experienced attorney is critical to winning your case or minimizing harm to your driving record and privilege to drive. You should also know that the Washington State Department of Licensing may have already started its case against you, so you may need to act quickly to preserve your right to drive. You may also qualify for a deferred prosecution, which usually is your best chance to avoid jail time and a license suspension.
When Can an Officer Legally Stop Me for DUI?
You can be arrested for DUI whenever a police officer has enough evidence to establish probable cause that your blood-alcohol level is above .08 or if the officer has enough evidence to establish probable cause that your ability to drive a motor vehicle has been affected by alcohol or other intoxicant--this second scenario can occur even if your blood-alcohol level is within the legal limit!
How to Successfully Defend a DUI Case
After years of criminal defense and trial experience, Mr. Shawver has learned that to successfully defend a Washington State DUI case, all aspects of the case must be examined carefully. The following points are important to every DUI defense:
. Why did the officer pull you over? Unless the officer had a reasonable suspicion to believe that you had committed a traffic infraction or crime, it was illegal to pull you over. This aspect of the case is so important that many times cases are won or lost on this point alone.
. What did the officer tell you about your rights? Under Washington law, a police officer has strict responsibilities to advise you of your rights upon arrest, and to provide you the opportunity to contact an attorney prior to any custodial interrogation (this includes prior to taking a breath test). Failure to properly advise you of your rights may be a factor that is important in your case.
. Was the breath test machine working properly? It is important to obtain all available evidence on the operation and maintenance of the breath-test machine used in your case-this can sometimes lead to undermining this evidence at trial. As an experienced DUI attorney, Mr. Shawver knows that any DUI defense will necessarily involve a thorough examination of the maintenance records of the breathalyzer.
These are some of the most important considerations in attacking any DUI charge. There are many other factors to consider in a DUI defense that depend on the facts of each individual case.
Washington State Laws Are Harsh!
Washington has now made certain DUI's a felony charge, making Washington state one of the most severe states in the country for DUI. Therefore, it is vitally important to have an attorney versed in Washington's complex DUI laws to help you with your case. The penalties include mandatory jail time (even for first-time offenders), license suspension or revocation, and requiring a device called an "ignition interlock" installed in your car.
Mr. Shawver began defending DUI cases in Washington in 1996. Many times he has had charges reduced or cases dismissed altogether for his clients. In order to avoid the potentially devastating effects of a DUI conviction, Mr. Shawver does not give up until he has achieved the best possible result. If you are involved in a DUI case, he will work closely with you, and will thoroughly explore all sentencing possibilities, including a deferred prosecution.
For Your DUI Defense
We offer an elite DUI defense at affordable rates. Unlike many firms, our fee includes representation at the Department of Licensing hearing, processing a deferred prosecution (if appropriate), as well as representation at all review hearings scheduled by the Court.
When you have been arrested and charged with a DUI, there is nothing more important than having a skilled, experienced attorney who will fight hard to protect your rights and win your case. We will aggressively defend you against all charges that have been filed, and will keep you informed at every step of the process as we work together to get the best possible result for your case.
Washington State DUI Laws
RCW 46.61.502:
Driving While Under the Influence
RCW 46.61.504:
Physical Control of Vehicle Under the Influence
RCW 46.61.503:
Driving Under the Influence While Under 21
< back to Seattle Criminal Defense Law
|
