A DUI conviction in Washington is severe due to the state’s laws regarding DUIs. Aside from harsh penalties, these convictions will continue to affect you for seven years because if you are convicted again, your prior convictions will increase the penalties.
But is there an easy way to avoid DUI charges? There is, however, not without a DUI lawyer. DUI lawyers are well-versed in criminal defense and know how to build your case so that you receive reduced charges or have them dropped altogether.
A common defense against a DUI charge employed by lawyers is casting doubt on the field sobriety tests or finding issues in the breathalyzer or blood test results. Sometimes, a medical condition can be mistaken for intoxication, which they can also use in your defense. If you face a physical control DUI, your lawyer might be able to prove that your vehicle was off the road safely, which might lead to your Physical Control DUI charges being dropped.
Avoiding a criminal conviction isn’t easy; however, if you know what to do and cooperate, things might get much easier, and you could avoid charges altogether. Here is what you should consider if you want to avoid a DUI charge.
Be Careful How You Behave During the Investigation
If Washington police officers pull you over under the suspicion of driving while under the influence of alcohol, keep your cool and remain silent. Don’t be disrespectful to the authorities.
If they ask you if you have been drinking, you can say that you don’t want to answer that question. If the police officers ask you to perform a series of field sobriety tests, such as standing on one leg, or a breathalyzer test, you have the right to refuse.
However, you should consider that by doing so, it might later be used against you in court. You need to consider that field sobriety and roadside breathalyzer tests aren’t 100% accurate, and your lawyer can disprove them.
For example, suppose the police use dashcam footage as evidence of your failed field sobriety tests. In that case, your defense team can argue that you couldn’t successfully complete these tests due to poor lighting or slippery footing.
Hire an Attorney
When you are pulled over under suspicion of DUI, police officers can arrest you, inform you of your Miranda rights, and take you to the station for further examination. If that happens, it’s time to call a DUI lawyer.
A DUI lawyer will analyze your case and decide the best course of action. A DUI lawyer will want to know if you have prior DUI convictions or other criminal convictions and what evidence you can provide to build a strong defense. If it’s your first DUI conviction and the evidence against you is strong, you may want to ask your lawyer if entering a plea bargain is a good idea.
Common DUI Defense Tactics
If your lawyer advises against a plea bargain, they will proceed with your defense. The easiest way to avoid a DUI charge is for your lawyer to prove that the arresting officer didn’t stop you legally.
If this isn’t possible, your lawyer can closely examine all the evidence against you. One of the first things they might do is cast doubt on the field sobriety tests. Your lawyer can argue that you couldn’t perform these tests successfully due to unstable footwear, medical conditions, lack of coordination, or other reasons.
Next, your DUI lawyer might find other issues with your breath tests. They might be able to prove that the breath test machine wasn’t maintained or calibrated properly, leading to inaccurate results. The breathalyzer might have malfunctioned, or the officer may have misused it. In other instances, your attorney could argue that you used certain hygiene products that affected your breathalyzer test results.
Suppose you denied the mandatory test results at the police station, and you weren’t informed that it was mandatory by the arresting officers. In that case, your lawyer can also use this in your defense. If you suffer from certain medical conditions, such as acid reflux, or diabetes, or you have dentures that may have trapped alcohol that was released during your breathalyzer test, it can also be used in your defense.
Even blood tests can be proven to be inaccurate. You can also have an alcohol evaluation conducted, proving that you don’t have a problem with drugs or alcohol, and get your charges dropped or receive a reduced sentence. Cross-examining witness testimonies is another way to avoid a DUI charge. In the end, DUI convictions aren’t easy to escape. However, the best way to avoid a DUI charge is to have an experienced DUI lawyer on your side.
