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If you are arrested for a DUI in Washington State, the consequences can be steep. A DUI conviction carries mandatory jail time, mandatory license suspension, fines, and court costs. Living in Washington State - which borders Canada - it is important to note that you may not be allowed to enter Canada if you have a DUI conviction. Add to this the personal cost of not being able to drive, the embarrassment of jail, and having to deal with the employment consequences; it is clear that a DUI conviction is extremely serious.
If you are arrested for DUI, the first thing that you should do is find a DUI attorney. A DUI in Washington State cannot be expunged from your criminal record. Although a DUI is a gross misdemeanor, it is as complicated to defend as a felony case. This is because a DUI case involves the merging of scientific evidence, police testimony, and issues of constitutional law.
Scientific evidence in a DUI case involves the breath test. Using a breath test machine is not as simple as just blowing into a tube. There is a mandatory procedure that is put in place to achieve the most accurate results possible. If you have anything in your mouth that could trap even a drop of liquid, then the machine will give an artificially high BAC result. For example, poorly fitting dentures, loosing fillings, untreated cavities, or a tongue piercing could all cause a fault in the BAC readout. Before every breath test, there is a mandatory observation period. The police officer will check your mouth, and then you cannot eat or drink until the waiting period is over and you have completed the breath test; otherwise, the food or drink could interfere with the breath test. It is important to tell your lawyer if your burped or threw up during that waiting period, because that can artificially increase your BAC readout.
The second and third issues - police testimony and constitutional law - go together. In order for the police to stop your car, they must have cause to believe that you have broken the law. This means that the police have a valid reason to pull you over; they cannot simply pull over random drivers. Once they have pulled your car over, the police must have probable cause to arrest you for DUI. In order to determine if the constitutional requirements were met, your DUI attorney will review the police reports, the in car video, and possibly interview the arresting office. Your lawyer must be able to determine if the officer's statements are accurate and supported by other evidence or witness statements.
A DUI conviction is very serious. If you have been arrested for DUI, it is vital that you hire a DUI attorney to begin your defense right away.
By David H. Fuller.
David H.Fuller is a Seattle DUI Attorney serving the entire Seattle area, including Kent, Renton, Bellevue, and Tacoma. Contact information for David H. Fuller is available through his website - DUI Attorney Seattle.
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