Defenses to a DUI Charge in Washington

You’re facing one of the scariest situations that can happen to someone in Washington – you’re facing DUI charges. As you know, the penalties are steep: jail time, fines, license suspension and perhaps other official penalties like an ignition interlock device or non-official penalties like your families’ negative reaction or difficulty in job searching. You need the counsel and defense of a DUI defense attorney.

But you may be thinking, “Why bother? What could they do?” It all seems stacked up against you, doesn’t it? After all, the prosecution has the police reports and police testimony, they may have other witnesses, and they will have the results of the breath or blood test. Set your mind a little at ease. Although every case is different and you will want to discuss your specific case with a DUI defense attorney you should know that there are several potential possibilities for defense. Not all of the below situations may apply to you but you will see that there are several possibilities and all will be explored. Now is the time to ask yourself some questions.

RCW 9A.16 lists common legal defenses. But these are not the common defenses to a DUI charge. Common DUI defenses are as follows:

Rising blood alcohol defense:

This defense argues that a defendant’s blood alcohol concentration (BAC) was below the legal limit at the time of driving, but rose above the limit while the defendant was being tested or during the time between the arrest and the test. This defense is based on the fact that alcohol continues to be absorbed into the bloodstream after a person stops drinking. Thus, a person who was not legally drunk at the time of driving may have a BAC above the legal limit when they are tested later. To use this defense, the defendant must present evidence to show that their BAC was rising, such as the time of their last drink and the time of the test.

Medical conditions defense:

This defense argues that a defendant’s behavior or symptoms were caused by a medical condition, rather than by alcohol or drugs.

First, do you suffer from acid reflux or some other problem that causes frequent heartburn? Even if you don’t, did you have heartburn that night due to what you ate? Heartburn can be a sign that alcohol has traveled from the stomach to the throat. Breath tests are supposed to measure the BAC in your lungs, but if the concentration in your mouth is too high it can confuse the machine and give a false reading.

Another example – a defendant may argue that their slurred speech was caused by a medical condition such as a stroke or a seizure disorder, rather than by alcohol consumption. To use this defense, the defendant must present medical evidence, such as the testimony of a medical expert, to support their claim.

Illegal stop or arrest defense:

Think about why you were stopped. Do you believe there was sufficient cause? Discuss the situation fully with your Seattle Tacoma DUI defense attorney. If it was a bad stop, it’s just like if it was a bad arrest – the case may be able to be fully dropped.

This defense argues that the police did not have probable cause to stop or arrest the defendant, and that any evidence obtained as a result of the stop or arrest should be suppressed. The fourth amendment of the United States Constitution protects citizens from unreasonable searches and seizures, and a stop or arrest is considered unreasonable if it is not based on probable cause. To use this defense, the defendant must present evidence that the police did not have probable cause to stop or arrest them, such as the testimony of a witness or dash cam footage.

Were you read your Miranda rights? If you weren’t it does not necessarily follow that the case will be thrown out but it will mean they can’t use anything you said against you. All of your testimony would need to be thrown out as evidence.

When they stopped you was it because they said you were weaving? Did you ever leave your lane and was it for a prolonged period? If you did not, the police may have had no legal reason to stop you. If that is the situation, the whole case may be able to be thrown out and you can breathe easy.

Were you observed for 15 minutes before getting the breath test? WA law demands this and it demands that you be carefully watched. If you were not, this can be used as a defense and as evidence of a possibly false high reading.

Breath test machine malfunction:

This defense argues that the breath test machine was not properly calibrated or was not functioning correctly, and that the results of the breath test should not be considered as evidence. Breath test machines are complex and technical devices that need to be properly maintained and calibrated to ensure accurate results. To use this defense, the defendant must present evidence that the breath test machine was not functioning correctly, such as the testimony of an expert witness

Mouth alcohol defense:

This defense argues that the defendant had residual alcohol in their mouth from swallowing, burping, or regurgitation, which may have skewed the results of the breath test.

Is it claimed that the smell of alcohol was on your breath? Realize that alcohol actually has no smell. The smell we think of as alcohol actually comes from what it’s mixed with. Some things can smell exactly the same and smell alone is not enough to give probable cause for a DUI arrest.

Inaccurate blood test results:

This defense argues that the blood test results were inaccurate, or that the blood sample was mishandled or contaminated, which may have skewed the results.

It’s worth noting that defenses may vary depending on the facts and circumstances of each case. Also, procedural processes and defense can vary by local court. Therefore, it’s always a good idea to consult with a Tacoma DUI attorney that is familiar with Washington state’s laws and the procedures in the state and local area. Call 253-363-8662 or send an email to speak with our legal team at The Law Offices of Smith & White, PLLC.

Plea Bargains

Another possibility for a plea bargain could be negligent driving first degree which is a misdemeanor. This would have basically the same pros and cons to consider as a wet reckless plea with even smaller penalties and no license suspension. Another plea bargain possibility to discuss with your defense attorney would be reckless endangerment. This would especially be one to consider if there were passengers, especially children, in the car. The charge of reckless endangerment is classified as a gross misdemeanor just like a DUI. So, you would still be facing the potential maximum penalty of a year in jail and a $5000 fine. However, keep in mind that it is very rare for a first time offender to be given the maximum penalty. Due to reckless endangerment having the same classification and potential penalties as a DUI charge you might be wondering how this plea could benefit you. You will not be facing some of the additional life penalties that can come with a DUI such as being required to install an ignition interlock device plus it will only count as a DUI on your driving record in the event of a subsequent arrest so that worry would be gone. Whichever route you choose you will want to discuss with your attorney and remember that any decision is ultimately yours.

Pleading Guilty to a Wet Reckless Charge

Your attorney may suggest a plea bargain to a lesser charge and the most common charge would be a wet reckless driving charge (a reckless driving with an added statement related to having consumed alcohol). At this point you may be wondering, “Well, is this better? Do I want this or not?”

There are benefits to pleading guilty to a wet reckless charge if the other option is a DUI conviction. There are no minimum sentencing requirements. There is less chance of you being ordered to get an ignition interlock device and your probation will be shorter. A DUI has a five year probationary period. A Reckless Driving’s maximum probationary period is two years. Plus, the license suspension period on a Reckless driving is only 30 days compared with 90 or 1 year on a DUI. Also, a reckless driving can come off of your record. A DUI never does. This can be a huge factor for people in certain careers.

But there is also a bad side. First, to accept this plea bargain you will need to plead guilty to the wet reckless charge. Once you enter a guilty plea it can not be undone. You will still have penalties and you will probably be required to attend drug and alcohol classes. It is possible that the DMV will still suspend require an ignition interlock license even if the court does not. Plus your insurance company will still increase your premiums.

The next detriment will also seem odd. Also, the point of that additional statement about alcohol which makes it a “wet” reckless is that it hit your legal record. If you got cited later for a DUI the wet reckless charge and conviction would be counted as a first offense DUI. As you can probably imagine this would mean that any potential penalties you might face would be dramatically heavier than would otherwise be the case.

So there are both pros and cons. It depends on the case. Would this be a good move for you to make? That is one of those questions you will want to raise with your DUI defense attorney.

Will a DUI Conviction Always Result in Jail Time?

Some Counties, like Pierce County, offer alternatives to jail time. Immediately contact your attorney to see if you qualify for serving time in a detox facility versus the Pierce County Jail.

First and foremost, if you have been convicted of a DUI and ordered to serve mandatory time, individuals can request to serve the time at a Pierce County detox facility. These centers are an alternative for any DUI offense and offer structured programs to help individuals with alcohol dependency that aid in maintaining a clean lifestyle. The program is an hour for hour conversion, and the time you serve is dependent on your court order. However, the environment of this facility is drastically different from jail and is a welcome alternative for many. This is a better option than burdening the already over-crowded jail system and provides exposure to counseling and resources, which are a step in the right direction. The goal for every participant is to get clean during the process and not become a repeat offender.

Don’t give up

So, being arrested for DUI is overwhelming. But it is not the time to give up. As you can see, there are numerous options for your defense and this list wasn’t even comprehensive. The science of your test would also be checked. Please call Smith & White, PLLC – the first consult is free.