Tacoma DUI Lawyers

Being charged with a DUI can take you by surprise, especially if you have never been in trouble with the law before. Understanding more about what to expect can help you participate more fully in your own defense.

Some people think the flashing red lights and a breath test reading of .08% mean game over. That is simply not the case. Washington state has strict driving under the influence (DUI) laws with harsh penalties, but law enforcement officers must follow specific protocols, and their evidence is not as scientific or ironclad as people think.

If you were arrested in the Tacoma area for DUI, The Law Offices of Smith & White, PLLC, can help. We are criminal defense lawyers, and, with more than 40 combined years of experience, we have handled thousands of drunk driving cases. We will look at every facet of your traffic stop and subsequent arrest to find where the police erred or violated your rights or where the prosecution cannot meet the burden of proof.

Call the Law Offices of Smith & White at (253) 203-1645 for a case review with our DUI defense lawyers.

What Happens During a DUI Traffic Stop?

One of the first things we can do to assess your case and look for potential defenses is to compare what happened in your traffic stop to what is supposed to happen. If the officers did not properly carry out these stages and steps, meeting the legal requirements for the pull-over and the arrest, then the case can potentially be thrown out.

Initial Stop

Police cannot stop you while driving without at least having reasonable articulable suspicion that a crime is afoot. In most cases, they actually have more than this.

Reasonable suspicion means they have grounds to suspect you are doing something illegal, like driving under the influence. To get this belief, they would have to witness actions that correspond to drunk driving, such as swerving, driving slowly, etc. There is stronger evidence of drunk or drugged driving if they also saw you stumbling out of a bar before getting behind the wheel, or if they smell burning marijuana coming from your car.

Alternatively, police can pull you over if they actually witness another traffic offense. That would mean they have probable cause to charge you with that other crime and can look for signs of drunk driving during the stop. This means they can automatically pull you over if they see you speeding, running a stop sign, or even changing lanes without signaling.

Investigation

During the stop, police will investigate whether or not you are driving under the influence. They will ask for your driver’s license, registration, and proof of insurance, and that is all you should ideally give them. You can say you do not want to answer any questions without a lawyer present, and if you stick to that, they cannot get more information out of you.

They will try to present you with a portable breath test, ask you to perform field sobriety tests, and ask you about where you were driving from/to, but read below to see the rules for these things.

Ultimately, they will also look to collect other evidence of drunk or drugged driving:

• Bloodshot eyes or pinpoint pupils
• The odor of alcohol or burnt marijuana
• Visible empty bottles or cans
• Slurred speech
• Confusion
• Unresponsiveness
• Slow movements or fumbling with documents
• Stumbling or awkward movements if you exit the vehicle.

Arrest

Police can arrest you if they find sufficient evidence to meet the “probable cause” standard. They can then perform a breathalyzer test, which you cannot refuse without legal penalties. They can also take you to the station and potentially search you and parts of your vehicle during a search incident to arrest, inventory search, and other searches.

If they do not have probable cause, the arrest is illegal.

Interrogation

The police might question you at the station. You have the right to an attorney and the right to remain silent, and it is best to tell them you are using both rights. Say you will not answer any questions until your lawyer is present, then stick to that. You ironically cannot activate your right to remain silent without saying it out loud.

If the police continue asking questions about your driving and potential DUI, it might violate your rights. Continue to stick to your refusal and say you want to remain silent and that you will not answer any questions without your lawyer. Then call us.

Court Appearances

Usually, court proceedings start after you are sober, which might mean a night in jail or in the hospital.

Your first appearance is an arraignment, during which you will be told what charges you face and asked to enter a plea. You should plead not guilty if you want to continue fighting the charges against you.

From there, bail will be decided. If you pose no danger to the community and are not a flight risk, you should be released and trusted to appear at your next court date. We can argue for bail or for lowered bail if the amount set is too high or your bail is refused, which might happen after a serious DUI accident or deadly DUI crash.

From there, you will return for later court dates, which you should attend with your DUI defense lawyer.

What Should You Do After Being Charged with a DUI in Tacoma

Invoke your right to remain silent and call an attorney at (253) 363-8662. Do not try to navigate this situation on your own. Anything you say is more likely to harm your case than help it.

Skilled Representation for Every DUI Scenario

Whether this is your first offense or you have a prior DUI on your record, we are well-equipped to defend you. We have experience with the full spectrum of DUI charges, including:

• First-time DUI
• Repeat offenses
• Felony DUI and aggravating factors
• Underage DUI
• Breath test refusal (implied consent)
• Physical control DUI (parked car)
• DUI accidents causing injury or death
• Driving under the influence of drugs

How Can We Help With Your DUI Case?

At Smith & White, we are uniquely equipped to defend drivers against Washington DUI charges because of our experience. One of us is a former prosecutor and the other is a former public defender. We have a former law enforcement investigator on our staff as well. Because of our backgrounds, we have a firm understanding of how the state court system works and how to protect people who encounter it.

How our experience can help you:

• We know how to connect with juries during the trial: We have spent years on both sides of the courtroom and have a keen sense of the arguments that juries respond to.
• We know how to identify weaknesses in the prosecution’s case: We understand how prosecutors think, and we are able to stand up to them because we can identify gaps in their logic and arguments.
• We know how to question witnesses and evidence: We are not afraid to challenge the veracity of witness testimonies and the admissibility of evidence collected during DUI arrests. We are familiar with the tactics that law enforcement officials use, and we possess the tenacity and skill to counter those and any irregularities in a case.

Not only have we helped our clients, but we have won awards for it as well. We won an Avvo Clients’ Choice Award in 2018, and we have received top peer-review ratings on Avvo and through Martindale-Hubbell. Our firm is also accredited by the Better Business Bureau.

Most importantly, we have results on our side. We have helped numerous clients get their criminal charges reduced or dismissed, and we will be committed to doing our very best to minimize the impact of your DUI charges on your life.

Possible Outcomes of a DUI Case with Legal Representation

Many people charged with DUI make the mistake of pleading guilty right away or trying to represent themselves, thinking that they can save money this way. In the long run, they often cost themselves more in terms of fines, lost driving privileges and time spent in jail than if they had worked with an experienced DUI defense attorney.

While every case is different, we are committed to the best possible outcome for every client. Instead of letting the police and prosecution dictate how your case will go, we use our skills to influence the case’s direction and outcome. We often win dismissals based on factors that the average defendant would not know about on their own, such as illegal procedures during the traffic stop that make the evidence that the police gathered during the stop inadmissible. Our defense strategies are designed to leverage the facts of your case and your legal rights to the fullest extent.

When a dismissal is not possible, we use our negotiating abilities to get prosecutors to reduce the charges or recommend a lighter sentence. For the most serious DUI-related charges, there may be several alternatives, such as electronic home monitoring and work release, that can keep you out of jail, allow you to keep your job and minimize the effects on your life. We will discuss these options with you and help you decide.

Finally, an experienced defense attorney can advise you if going to trial is the best option for your case. Having one of us represent you in court can give you the best chance at a fair trial and reasonable result. There are no guarantees in criminal law, but hiring a defense lawyer often results in a better outcome.

The Penalties and Collateral Consequences of a DUI in Tacoma

The consequences of a drunk driving conviction are both swift and long-lasting. It can affect your freedom, finances, employment and driving privileges. Penalties include the following:

First Offense

A first DUI offense is typically charged as a gross misdemeanor, as long as there are no aggravating factors, such as the presence of a minor in the vehicle, a blood alcohol content (BAC) of .15% or higher or being involved in an accident. Minimum of one day in jail and up to 364 days, fines and court costs, alcohol evaluation/treatment and a 90-day license suspension. If your blood alcohol content (BAC) is .15% or higher, then a mandatory ignition interlock will be required for one year.

Second Offense (within seven years)

Minimum of 30 days in jail to one year plus 60 days of home confinement, fines, two-year license revocation, mandatory ignition interlock for two years, alcohol/drug education treatment, and probation for five years.

Third Offense

Minimum of 90 days in jail to one year plus 120 days home monitoring, fines, three-year revocation, ignition interlock, mandatory treatment, and five years of probation.

Four or More Offenses (in 10 years)

Class C felony punishable by one to five years in prison, permanent license revocation and mandatory ignition interlock for four years.

The typical DUI charge is a misdemeanor, but it rises to a felony if you have three or more prior DUI convictions or if aggravating factors are involved, such as if a child was in the car or you caused an accident. You will probably be required to purchase (very expensive) SR-22 car insurance after a DUI conviction. A DUI cannot be expunged or vacated; it stays on your record forever. For all these reasons, you need to immediately seek an experienced DUI defense attorney.

Underage DUI (Zero Tolerance)

Drivers under the legal drinking age of 21 are subject to Washington’s Zero Tolerance Law. Where the legal limit for adults is a BAC of .08%, underage drivers are subject to a lesser threshold of .02% (basically, any alcohol in your bloodstream). The penalty is a 90-day license suspension and up to 90 days in jail.

A minor DUI charge is only a misdemeanor (rather than a gross misdemeanor) and does not count as a prior DUI if that young person is later arrested for drunk driving after they turn 21 years old.

Driving Under the Influence of Drugs

Although marijuana has been decriminalized in Washington state, it is still illegal to drive while impaired by pot or any other drug. When a person is pulled over on suspicion of drunk driving, if alcohol is ruled out, the officer will summon a drug recognition expert (DRE) to test for intoxicating substances. The legal limit is 5 nanograms of THC in your blood; even if you did not smoke marijuana that day, you can still be charged with DUI.

The penalties are the same as for an alcohol DUI conviction: up to a year in jail, up to $5,000 in fines, drug evaluation/treatment and 90-day license suspension. The law applies to any street drug or prescription drug that impairs one’s ability to drive.

DUI Accidents

A person who causes a crash while under the influence of alcohol or drugs faces serious legal trouble. If no one is hurt, they will likely be charged with misdemeanor reckless driving. But if a passenger, pedestrian or occupant of the other vehicle is injured, it can be charged as felony vehicular assault, punishable by up to 10 years in prison and up to $20,000 in fines. If someone is killed, it rises to vehicular homicide, a major felony carrying a minimum of 15 months in prison and up to a life sentence as well as up to a $50,000 fine. It is also a felony to leave the scene of a DUI accident or get in a crash with a child under the age of 16 in the car.

Felony DUI Charges

If you have four prior DUI convictions within a 10-year period, and you are arrested a fifth time in Washington state even if the priors have been reduced from DUI charges, you will face felony DUI charges. You may also face felony charges if you have a prior conviction for vehicular assault or vehicular homicide that is DUI-related. Any time you are facing felony charges, you should contact an attorney for assistance as soon as possible.

Any time you are charged with DUI and have prior DUI convictions, the penalties increase substantially. For a fifth conviction, you face a minimum of 22 to 29 months in prison (all your previous DUIs, even though not felonies, count as felony points for the sentencing grid). The maximum prison sentence is five years. You also face up to a $10,000 fine. As a convicted felon, you will lose certain civil rights such as the right to vote and own firearms. You will be unable to expunge or clear the conviction from your record, so finding employment after you are released from prison will not be easy.

Implied Consent (Breath Test Refusal)

As a condition of your license to drive in Washington, the law says that you agree to be tested for drugs or alcohol if you are pulled over and arrested on suspicion of DUI. Refusing to submit to the breath test will result in automatic suspension of your license for a minimum of one year. You can still be charged with DUI if you refuse the breath test, though it will be harder for the prosecution to prove its case.

Note that this only applies to the post-arrest breathalyzer test. Officers typically use a presumptive breath test (PBT) during the traffic stop but before the arrest. This test has different rules and can be refused.

That initial test is not part of the implied consent rule, and you cannot face license suspensions for refusing it. The evidence the police get from that test is also not as strong. Police can use the test as evidence that you had alcohol in your system and use it as evidence toward your arrest, but they cannot actually introduce the test results as evidence of intoxication when it comes time to prove the charges against you.

Being pulled over can be confusing, but try to remember that, pre-arrest, you do not have to say or do anything except turn over your license and registration. The pre-arrest breath test is totally optional. Post-arrest, you have to submit to a breathalyzer or else face consequences of refusal.

License Suspension and Ignition Interlock Systems

Many people do not realize that a driver’s license suspension is separate from criminal proceedings. From the date of the arrest, you have 7 days to request a Washington State Department of Licensing administrative hearing to contest your license suspension. This hearing is typically conducted by phone. We can help you challenge whether the officer had reasonable suspicion for the traffic stop or probable cause for arrest or whether you were given a proper implied consent warning. It is possible to retain your license, regardless of the outcome of the criminal case.

If your license is suspended, Washington does not provide for a restricted license or “work permit.” This can be a great hardship if you can’t drive to attend school, go to work or do household errands. However, on a first-time DUI conviction, you may be able to drive after you have an ignition interlock installed on your vehicle. The interlock contains a breath-testing device that will prevent the car from starting if any alcohol is detected. For a second offense or an aggravated DUI conviction, ignition interlock is mandated during the period of suspension or revocation.

About Field Sobriety Tests

The roadside tests are not designed to exonerate you. Rather, they are designed to give police further evidence against you. When you are pulled over, you should not volunteer any information about alcohol or drugs. After providing mandatory information, such as your license and registration, ask the officer if you are free to go. If not, politely inform the officer that you will not be answering any questions without your lawyer present, and stick to that demand.

The officer may ask you to perform “sobriety tests” such as the walk-and-turn, the one-legged stand and the horizontal gaze nystagmus (pen test). There are many reasons that these tests may not be fair or accurate, such as wind or rain, high-speed traffic, uneven terrain, what the person is wearing, a disability, or an individual’s lack of balance and coordination. Testimony about field sobriety tests is admissible in court, but a good lawyer can challenge the officer’s conclusions.

You are not required to perform field sobriety tests, including inadmissible tests like reciting the alphabet backward. Even if you “pass” the test, the officer may arrest you anyway, so why give them additional ammunition? You are also not required to blow into the portable roadside breath tester. These handheld machines are far less accurate than the official breath test administered at the police station. For that reason, the portable breath test reading is not admissible in court.

Procedures for Standard Field Sobriety Tests (SFSTs)

As mentioned, sometimes officers will use non-standard tests, like asking you to repeat the alphabet backwards. Officers may try to use whatever tests they want, but the only standard tests with a potential for scientific accuracy are these three.

You can see, based on the instructions, conditions, and testing parameters, how a clear “pass/fail” result is nearly impossible to determine, and how outside factors could easily skew the results.

Walk and Turn

The walk and turn test has the subject walk on a real or imaginary line. They take nine steps forward heel-to-toe, turn around, and return, while trying to stay on the line.

There are plenty of ways it can be performed inaccurately, such as by using an imaginary line, performing it on uneven surfaces, or failing to ask if the subject has any medical conditions that would affect their performance.

One-Legged Stand

In the leg raise test, you are asked to stand and lift one leg six inches off the ground, with your foot pointed in front of you. This is already a confusing instruction, even if you are sober, but it essentially means keeping your heel off the ground in front of you and holding it there.

This is not a common position, and many totally normal people cannot perform this test well, while keeping their balance, with an armed police officer in front of them, on the side of a highway. Trying to perform this test is essentially setting you up for failure.

Horizontal Gaze Nystagmus Test (HGN)

The HGN test has an officer hold out a pen level with your eyes, then ask you to follow the tip of the pen with just your eyes. The test itself is not difficult, and the results are often hard to fake or mask.

When people are intoxicated, the test is supposed to show their eyes wiggle or vibrate back and forth, unable to cleanly track the pen. This can, however, be affected by numerous health conditions or improper performance of the test on the officer’s part.

Can You Refuse the Breathalyzer or Field Sobriety Tests During a DUI Stop in Tacoma?

You can refuse field sobriety tests without fear of legal penalties because they are voluntary. If you are asked to perform field sobriety tests, especially any beyond the three standard tests, you can simply refuse them.

However, if you are asked to submit to a breathalyzer test after your arrest, you cannot refuse without violating “implied consent” laws. Penalties include the immediate suspension of your driver’s license for a year. In addition, your refusal can be used against you in court to indicate “guilty knowledge.”

As noted above, these penalties only apply to the post-arrest breathalyzer test. Pre-arrest “PBT” tests can be refused and are just as voluntary as the FSTs.

Defenses Available in a DUI Case

Each case is different. Defenses may include challenging the legality of the traffic stop and the validity of the field sobriety tests or breathalyzer tests. Many DUI cases hinge on highly technical details.

To protect you from life-changing consequences, it is vital for your attorney to challenge every aspect of the state’s case against you, including:

• The legality of the stop and arrest
• The admissibility of the field sobriety and Breathalyzer tests
• Did the police have probable cause to take you into custody?
• Did the police advise you of your Miranda rights and/or the implied consent statute?
• Did the police conduct the roadside tests and official breath tests?
• Did the police properly and maintain the integrity of that evidence?

We have defended thousands of local residents who have been charged with DUI. There are hundreds of technical defenses in a DUI case, and it is vital to have a veteran defense attorney represent you. Our goal is to win as many concessions as possible on motions to suppress evidence.

Challenging the Breath Test

With the help of a veteran DUI defense lawyer, breath test results can be challenged. The breath test measures the percentage of ethanol in your blood. The result will be a number that reflects what the test has determined is your BAC to be.

Washington has a legal BAC limit of .08% while driving or being in physical control of a motor vehicle. At first glance, that looks fairly scientific and objective, and you would think that would erase all questions. The problem with this assumption is that the test is not necessarily objective or scientific because the test is not necessarily reliable. Was the defendant under continuous observation for 15 minutes prior to the test? Was the machine tested and calibrated? Did you hold your breath or partially exhale before blowing into the machine? Did the breath test read another substance as being alcohol?

The more problems that we can find with your breath test, the more likely the prosecutor will offer a favorable plea bargain to resolve your case – or dismiss the case entirely.

Is it Better to Have an Attorney Represent You for a DUI charge?

An experienced attorney knows how to protect your rights and look for weaknesses in the prosecution’s case. They can also negotiate with the prosecution for a favorable plea agreement when warranted.

Examples:

If you were at a bar and drank three cocktails and were pulled over for a DUI, and a chemical test showed that your blood alcohol level was .09, you would likely face gross misdemeanor charges. However, the DUI could be charged as a class B felony if you have three or more prior convictions within 10 years, or you have ever been previously convicted of vehicular assault while under the influence, vehicular homicide while under the influence, or a comparable crime.

Choosing a DWI Defense Lawyer

When researching for an attorney, there are many ways to narrow the playing field. The more traditional route might be to focus on the attorney’s level of experience practicing in this area of law, and the cost of representation? Furthermore, does the attorney in question have proper knowledge and experience of the courtroom from Arraignments all the way to jury trials? In addition, how extensively will the attorney chosen actually be handling the ins and outs of your case? For example, will it be the attorney with 20 years of experience or the attorney hired right out of law school getting their feet wet on your case? In addition, is the attorney someone that has a clean record as a lawyer? The list of questions could go on.

The above are more than valid questions to ask as you search for experienced Tacoma DUI Lawyers, but sometimes you may find yourself tossing aside your checklist of requirements once you meet an attorney face to face. According to criminal defense attorney James White, “Ultimately, a lot of the case goes on behind the scene, and you need to be able to trust and put faith in the hands of an attorney with whom you have a good rapport.” But do not let the good meeting make your decision for you. Do your homework, go through your checklist and then meet with the lawyer.

Drinking and Driving – Why Some Take the Risk

Everybody knows that if you drink you should not drive. The reasons are even of greater magnitude. You are a danger to yourself and others. The number of car crashes caused by drunk driving is way above that of any other cause. The same is true of fatal car crashes. People know this for the same reason they know the health risks of smoking – the media sends out the message at least daily. Plus, you are risking a DUI arrest. In Washington, that has jail time, hefty fines and many other penalties. Yet many people choose to engage in this risky behavior. This begs the same question – WHY? The answers are multiple.

One of the major causes is that the driver does not know he is impaired. You may be thinking, “How can he not know whether he drank or not?” Of course he knows if he drank. But remember that Washington state law does not forbid any and all drinking and driving. It forbids impaired driving which it has defined as having a .08 blood alcohol content. So it can be possible to get behind the wheel and not know that you are impaired. Perhaps you just drank your drink and it has not really entered your bloodstream yet. This would mean that when you get behind the wheel you are not impaired but depending on how long your drive is you might be before you reach your destination. There are ways to avoid this situation. Think about how much you drank. Think about how far away your destination is. Think about whether you ate anything as well. If you drink what you usually drink but do not eat what you usually eat this will affect your body differently than usual. So consider all this and if you are questioning yourself, it might be simpler to find another means to get where you need to go.

Some people choose to drive drunk simply because they are not aware of another option to get home. Perhaps you do all or at least most of the driving for your family and there simply is not another vehicle available that you are aware of. Perhaps the only people who you would call for a ride are actually with you and so just as impaired. The rules about physical control DUI and busses not allowing intoxicated passengers can make this situation even more frustratingly complicated. The busses are only not allowed to give you a ride if you are visibly intoxicated. So if you are not and also do not cause any trouble the busses may actually be an option. Also, there are Uber drivers and taxis. It would be recommended to look for one of these options.

Some people drive drunk simply because they do not care about the laws and/or the safety. In other words, they think it is in their best interests to drive and do not consider the consequences. This is a costly error and one that I hope none of you have. For this one, what is recommended for your safety is that you be aware that there are other drivers on the road and some of these drivers may have this attitude.

The other scary reason is that some drivers do not even remember getting into their car. They are that intoxicated. Also just be aware of these potential other drivers.

The good news is that you are not alone – our DUI defense attorneys are ready to fight for your rights.

Our Tacoma DUI Defense Lawyers Can Help

Act immediately to protect your rights if you have been arrested for DUI in Washington. Too many things can go wrong with a DUI arrest to simply plead guilty and accept harsh, life-changing punishments you don’t deserve.

You can reach out to us 24/7. We promptly respond to emails and overnight messages, and we provide an expert consultation. Call our Tacoma law office at (253) 203-1645 or contact us online. Hablamos español.