Effective DUI Defense
It is the prosecutor's burden to prove their case-not your burden to prove your innocence.
How do we achieve results?
We start with decades of familiarity with every facet of the DUI laws. According to the Revised Code of Washington, RCW 46.61.506, it is a criminal offense to drive a vehicle while under the influence of alcohol, chemical substances or controlled substances. This level of impairment can be determined through several methods, but most often is proven through breath tests and blood tests; if the subject test results show a breath alcohol content (BAC) over the per se legal limit of 0.08 percent, they can be legally considered impaired and arrested for a driving under the influence.
We know how to challenge the evidence.
We know how to challenge the breath and blood test evidence. While these tests can be difficult to overcome, always remember it is the prosecution's burden to prove their case; not your burden to prove your innocence! We know what it takes to defeat them, because we were DUI prosecutors for many years.
You can't beat our experience
Sometimes breath test results may be suppressed due to problems with the breath test procedure or the instrument itself. An experienced DUI defense attorney understands when a suppression motion may achieve the desired outcome. After years of previous experience in the prosecutor's role, we understand what the government needs to prove in court, and what it takes to defeat their burden of proof. If we sign up your case, we will make a very thorough examination of the State's evidence, and come up with a defense plan of attack.
We will be hard at work long after the prosecutor has gone home for the day.
We know all the cards.
Another part of the DUI law is the under the influence or affected by component to the DUI statute, which considers whether one's ability to drive was affected by intoxicating liquor or any drug, so that a person's ability to drive is lessened in any appreciable degree. The field sobriety tests are often offered to prove impaired driving ability, even though these field tests are not very compelling evidence in most situations. Prosecutor's hate trying to prove a DUI when the breath test is suppressed, because a good DUI lawyer knows how to dissect so many other aspects of a prosecutor's case as well. This is why were strive to suppress the breath tests before the start of trial.
And how to play them.
Many times in DUI cases there are legal motions that can be filed. For example, there may be motions to suppress evidence that are based on issues surrounding an improper traffic stop by the police officer. The result could mean that a trial court will not permit the use of any evidence collected afterwards, from results of field tests and alleged statements by the person arrested, to opinions by a prosecution witness and the breath test. We can put a scowl on the prosecutor's face, because we have decades of experience playing their game.
You Are Presumed Innocent.
Always remember that just because you are charged does not mean you will be convicted for DUI. You are presumed innocent until proven guilty. The prosecution bears a heavy burden to prove their case beyond a reasonable doubt. This standard is higher than clear and convincing evidence. A reasonable doubt is such a doubt as would exist in the mind of a reasonable person, after fully, fairly, and carefully considering all the evidence or the lack of evidence. With decades of experience, we know exactly what this reasonable doubt looks like. If we decide we want to go to trial, you can rest assured your DUI attorney knows exactly what they are doing.
Diligence. Thoroughness. Dependability
We go through a very thorough process in every DUI case. There is much preparation that can be done early on. We begin our defense strategy before the prosecutor files their charges. Here are just a few of the evidentiary items we demand in each case.
We will want to contact witnesses, take photographs, or preserve other evidence. Some evidence, such as 911 calls and patrol car video, must be requested as a public disclosure request before the material is recorded over. The prosecutor does not have to preserve this evidence for us.
Initial Consultation
We encourage you to take this step before charges are filed. In addition to collecting our evidence and mapping our defense strategy, there are things we can accomplish early on that can help mitigate the impact of a court's decision on bail and release conditions. We can take control of issues before we first appear in court. We can also begin our defense strategy before the prosecutor files their charges.
Prosecutor Review and Filing
A prosecutor reviews the available evidence before deciding on charges. This process can take from several weeks to several months. During this time it is important that you work with your attorney on a number of preliminary matters.
- You will want to get a substance abuse evaluation we can use to help minimize a judge or prosecutor's concerns for your freedom while the case is pending.
- You will want to request a DOL hearing to stop the suspension of your driver's license. You only have 20 days from the date you were arrested to do this.
- You will want to get an ignition interlock device (IID) installed in your car. This will alleviate concerns for public safety and insure you remain free on minimal bail and with less stringent limitations on your freedom.
- You may wish to get an ignition interlock license (IIL) early in the process, especially if your license gets suspended or if the court is ordering an IID installed.
Summons and Complaint
Once the prosecutor has filed charges, the court will issue a summons to appear on the charges. Pleas are entered and the judge determines what conditions should be imposed while the case is pending. First time DUI defendants will typically be released on their personal recognizance provided they maintain law abiding behavior and abstain from alcohol and all mood-altering drugs not prescribed by a physician.
Arraignment
Never assume anything. Someone with a prior offense will have more stringent conditions, including an ignition interlock device (IID) or even a transdermal SCRAM bracelet. The first appearance is fraught with uncertainty, but the more proactive we are, the greater our assurance of your continued freedom.
Pretrial Conference
A pretrial status conference or pretrial hearing is scheduled about 30 days from the arraignment. Defense attorneys negotiate with the prosecutor by phone and email during this period. We further negotiate at the actual pretrial hearing.
Our primary goal is to seek a reduction of charges from DUI to a lesser offense. If this does not occur at the first pretrial hearing, we can seek a continuance for further negotiations. We use this additional time to further investigate the facts and relevant case law authority so we can persuade the prosecutor to change their position. If for any reason we are not successful in securing a favorable plea offer by the second pretrial, we will often schedule an evidentiary motions hearing.
Motions Hearing
The purpose of this hearing is to get key evidence in the case suppressed. The more evidence we get suppressed, the weaker the prosecutor's case becomes, and the greater our bargaining position increases. The prosecutor may be forced to reduce the charges at or after the hearing, otherwise they may have a very weak case to take to a jury.
Jury Trial
A jury trial has stages of its own. There are preliminary motions, voir dire and jury selection, and opening statements. The prosecutor presents police officer testimony, a Washington State Patrol breath test machine witness, and a State Toxicologist witness.
We get the court to rule in our favor on preliminary motions, and then we pick the best jury possible for our side. Then we pick apart the prosecutor's case. We know how to convincingly cross-examine their witnesses. With our many years of experience, we know how to zero in on the proof problems present in their case. Our focus is not on causing frustration for the prosecutor - our goal is to eat them at their own game.
We are battle tested.
Be confident in our ability to vigorously defend you. With well over a hundred DUI trials to our credit, we know all the compelling ways to cause reasonable doubt in the minds of the jurors. In fact, we can sometimes get the prosecutor to give us a better offer than we received at the pretrial, even before they have finished presenting their case. We are always well prepared to demand the prosecution has met their burden of proof beyond a reasonable doubt before and at trial. When you have an attorney with more experience than the prosecutors, a lot of good things can happen.
Be confident in our desire to prevail for you. We know what you are going through emotionally and financially, and we know how to see you safely through this difficult time. Trust in our professional experience. Trust in our strength and commitment.
We are ready to assist you now.
We are DUI Attorneys Of Washington®.
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Dawn blushed - betrayed her waking sky
to gently break another morrow fine.
Night waned - the black receding - highland
reaching for the early morning wine.
Dawn blushed; revealed her inner peace;
she handed on another blissful day.
Night ebbed, relenting to release of
warming blood that gives to her display.
Serving you in these communities
King County
Algona, Auburn, Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville, Yarrow Point
Pierce County
Black Diamond, Bonney Lake, Buckley, DuPont, Eatonville, Federal Way, Fife, Lakewood, Puyallup, Yelm.
Snohomish County
Arlington, Bothell, Brier, Darrington, Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mountlake Terrace, Mukilteo, Snohomish, Stanwood, Sultan, Woodway
We also serve clients all around Puget Sound, including Grant, Grays Harbor, Island, Jefferson, Kitsap, Kittitas, Lewis, Mason, Skagit, and Thurston Counties.
DUI Attorneys of Washington
10500 Beardslee Blvd. #1064, Bothell, Washington 98041
206-228-6031
The information we have provided you on this website is intended for general information purposes. It is not intended to supplant formal direct legal advice, and you should not regard or rely on it as such. You must seek legal advice directly from the attorney you retain to represent you. A formal lawyer-client relationship is necessary to establish the full and complete communications and understanding of the laws that may apply in your particular situation.
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