How to Fight DUI Charges in Washington State.

July 20, 2024 By

Like other states, Washington imposes steep penalties for DUI (Driving Under the Influence) offenses. Since consuming alcohol or taking controlled substances can impair a driver’s ability to make decisions or react to hazards, Washington state laws impose substantial consequences for those who operate their vehicles while under the influence of drugs or alcohol–even if the incident did not cause an accident or inflict any harm. Unfortunately, having a DUI arrest or conviction on your criminal record can wreak havoc on your future, as you may face barriers to employment, housing, and other challenges. No matter what the details of your DUI incident may be, it’s essential to enlist the guidance of a dedicated and highly experienced Lacey DUI defense lawyer who can help you understand your legal rights while advocating for your best interests at every opportunity. Let’s take a look at some of the ways that your criminal defense attorney can fight your DUI charges so you can start to get your life back on track after this unfortunate event.

How to Fight a DUI Charge in Washington State

One strategy that your Olympia DUI defense attorney may decide to use is to challenge the breathalyzer test results. Breathalyzers are commonly used to measure a person’s blood-alcohol concentration (BAC) level when the officer suspects that they are intoxicated. However, BAC tests are far from error-proof; they can be prone to inaccuracies, especially when factors like improper calibration, operator error, or medical conditions are in play. Your attorney can contest the accuracy of your breathalyzer test results in order to have your DUI charge reduced or dismissed.

How to Fight a DUI Charge Due to Constitutional Violations

Another strategy fa DUI charge dropped in the greater Olympia area is to look for any violations of your constitutional rights during your arrest or the investigation process. For example, if the arresting officer did not have a justifiable reason to initiate a traffic stop in the first place, or if the officer subjected you to an illegal search and seizure before they placed you under arrest, your attorney can point to these constitutional violations as grounds for dropping or invalidating the DUI charges against you.

Getting You the Best Possible Result in Your DUI Case in Olympia, Washington

Every DUI incident is different, which is why it’s imperative that you work with an experienced criminal defense lawyer to identify the legal defense strategy that best suits your needs. Even if you do not consider your DUI incident to be serious enough to justify hiring an attorney, taking this step can give you the support and guidance you need during this vulnerable and stressful time. Reach out to a dedicated DUI defense lawyer today to learn more about how to fight a DUI in Washington State, whether through a prosecutor’s decision, court order, or trial acquittal.

If you or someone you love has been involved in a DUI incident in the Olympia area, you need reliable and effective legal defense services as soon as possible to ensure your rights remain protected. Call The Law Office of David Lousteau, PLLC, today at (360) 493-2600 to get started with a dedicated Washington State criminal defense attorney.

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An Extraordinary DUI Case & Three Lessons

June 3, 2018 By

What can we learn from a case where a law enforcement officer gets caught driving recklessly and dangerously under the influence of alcohol?

Turns out, more than you might think.

The Case

This past April, a former Stevens County Deputy Sheriff received a deferred sentence after driving while intoxicated through a crash scene and leading police on a high-speed chase last Thanksgiving in Flathead County, Montana.

The Flathead Beacon takes up the story:

According to court records, Hoover was driving down Montana Highway 35 in Creston on Nov. 23, 2017 when he drove through the scene of a fatal crash and struck a vehicle. A Montana Highway Patrol trooper who was helping investigate the crash got into his vehicle and started to chase Hoover […] Hoover and the trooper reached speeds upwards of 100 miles per hour.
…
[Hoover eventually turned] onto Sonstelie Road, where he stopped the vehicle and turned off the lights. Hoover then exited the vehicle with his hands in the air. Hoover admitted that he was looking at his phone when he approached the crash scene and never saw the vehicle he allegedly hit. Hoover took a breathalyzer test and blew a .178, twice the legal limit, according to court records.

The former officer was charged with felony criminal endangerment and misdemeanor DUI, to which he initially pleaded not guilty before later changing that plea. He was given a three-year deferred sentence for felony criminal endangerment, plus a suspended concurrent 175-day jail sentence.

Lessons We Can Learn From It

For one thing, it shows that of course anyone can get a DUI—even an off-duty law enforcement officer. But it also brings up three object lessons:

1. Keep your mobile phone out of reach when you drive so that it doesn’t distract you. Washington state distracted-driving laws are distinct from DUI, and they’re some of the strictest in the country. They disallow not just holding a personal device while you drive, but also associate an additional fine to activities like eating and drinking, applying makeup, shaving, and others if they do contribute to a traffic violation.

2. If you get into an accident, stay put—especially if you’ve had even a single drink. Don’t drive away, because you don’t need a hit-and-run on top of a DUI charge.

3. Do not submit to a breathalyzer test. Besides the obvious mistakes Deputy Hoover made, he somehow failed to remember that the test is voluntary in most states (including Montana as well as Washington) and officers can rely on it to build probable cause to arrest you.

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