What to Do if You Are Charged with a DUI in Washington

The most horrible thing to ever happen to you has happened. You were pulled over and now you’re facing DUI charges. You’re worried about potential jail time, fines, and other possible penalties like mandatory treatment or the mandatory installation of an ignition interlock device. You’re probably wondering what to do now. Hopefully you found this Blog because you are researching a good DUI defense attorney.  Because hiring a good DUI Defense attorney is absolutely your first step.  Unless your car has been impounded.  Then getting your car back should be your first priority.  The storage fees are accumulating everyday.

Or if you are sitting in jail on bail.  Bailing out and getting back to your regular life should take priority over getting a lawyer.  Plus, your DUI will be much easier to defend from outside of jail.  There are, as you will see below, a number of things you can do to make your case go smoother.  None of those things can be done while in jail.  Plus, just as the bond company, jail sucks.

You may now be wondering, “Is that all I should do? Hire a DUI defense attorney and then sit back and let them take over?” No, there are actually a few steps you can take to make this ultimately easier on yourself as well as on your DUI defense attorney.

Dealing With the Police

During the Stop

Understand that if you have been drinking and/or are intoxicated, from the very start the officer will be looking for evidence of this. This encounter goes beyond merely producing the requisite documents, this is about a police officer gathering evidence against you every step of the way in an effort to prove that you are under the influence and are subsequently violating DUI laws.

For instance, fumbling about in the glove compartment for your registration and insurance will suggest that perhaps you are somewhat off kilter and thus inebriated. Get these documents together prior to the officer approaching the vehicle. Beyond that, once he/she does come to the car, roll down your window and act accordingly. Be polite, do not present yourself as argumentative, or especially as any sort of threat. Remember, the officer is observing every single move you make.

Here is what you should not do. Don’t be rude or condescending. Remember that the police are people doing their job. When you’re doing your job do you give the best service to those who mistreat you? We all try to, after all it’s our job, but it’s difficult isn’t it? If an officer wants to arrest you, they can usually find a reason. So, don’t make them want to.

Also, don’t give any incriminating statements. Remember that any information given can and will be used against you. This is not the time to say, “Give me a second, I’m a little buzzed”, “But I only had a little to drink” or anything similar. I realize that you’re probably thinking, “Well, of course, I know that, anyone would know that.” You would be surprised how often what “everyone knows” gets forgotten by people when dealing with the police. The reason is due to something else that “everyone knows” – being stopped or interrogated by the police, even in a totally innocent situation, is generally a high stress situation. In a high stress situation people usually get either nervous or angry or scared even when they have no reason to be. Then, because of the way our brains are wired, we stop thinking as clearly as we normally do. So, it’s hard, but try to remain as calm as possible and watch what you say.

Don’t answer any questions or do any tests without getting the advice of your defense attorney. It would rarely ever be advisable to take the “voluntary” field sobriety tests. These are almost never in your favor and they are, indeed, completely voluntary. As it is mandatory to avoid a license suspension, it is actually likely that that an attorney will advise you to take the breath test given at the station but get that advice first. If you do choose to talk to the police, which you should not do, do not lie – that will actually make your situation harder. Again, you are advised to wait to talk until your defense attorney is present – you can be penalized for lying, not for silence. It’s your constitutional right and one which it is advisable to take advantage of. On a related note, when you talk to your defense attorney you will continue to want to be honest and then as open as possible. The more information you give him, the more he can help you.

Should You Refuse the Breath Test?

If they do suspect that you have been drinking, they may ask you to step out of the car and submit to a field sobriety test. In Washington, this test is strictly voluntary; you do not have to do it. Most law enforcement agents will not however, necessarily be very forthcoming about this information. You should ask to speak to an attorney at this point because, despite the tests being voluntary, your refusal to take them may be admitted against you in court. Therefore, seeking an experienced DUI lawyer’s advice during this critical moment is most likely going to be your best bet.

If you do refuse the sobriety test, the officer could then decide to place you under arrest depending on how suspicious he/she is of your actions, behavior and general observable state. The other type of test administered at the scene would be the portable breath test. As with the field sobriety test, you can refuse. However, this is a good test to take as it is not admissible in court to convict you (although it’s result can establish probable cause to arrest you). Usually, if you refuse the portable breath test then you will be arrested.

Here is what you should do. Do be polite and respectful. It’s the flip side of what I said before. Remember that people respond to how they are treated and just because they have a badge doesn’t make police any different from other people when it comes to that. Will being nice guarantee a positive result? No, of course not, but it can’t hurt you. Does being rude or nasty guarantee a negative result? No, but it can’t help you.

Do give your license, registration and insurance info when asked. This is a legal requirement. In fact, it would be best to have these documents ready for the officer before he comes to your window. If you already have them, it can’t be said you were visually struggling while trying to get them.

The quick, easy answer is the following “Officer, am I free to go?”  If no, “then I would like to speak with an attorney”  Decline to answer any further until an attorney is contacted.  It is the obligation of the officer to get you in touch with an attorney.  Public defenders are kept on call for this purpose.  If you are free to go then do just that.  Do not say any snappy last comments.  Just thank the Officer and be on your way.

After the Stop

If you are consequently taken into custody, you absolutely need to contact a lawyer immediately. We all know the part of the Miranda Rights that reads, “anything you say can and will be held against you…” This is why all you say is: “I wish to speak with my attorney.” And the Miranda warnings are confusing. They say if you cannot afford an attorney then one will be appointed to you. This makes it sound like you have to see a judge before you can get a lawyer. That is not true. There is a free on-call public defender available to give you advice 24 hours a day.

First, as you probably know, the police wrote a report of the whole incident when you were arrested. It’s a good idea to write out your own and include as many details as possible such as the amount that you really drank, what time it was, what you were originally pulled over for, how many other people were in the vehicle, and anything else you can think of. This will get it down while it’s still fresh in your memory so you won’t have to rely so much on memory later on down the line plus it provides your story for your DUI defense attorney to work with.

Start Working on Your Defense

The next step you may want to take only applies if you are hoping for a plea bargain, reduced charge or reduced sentence. If you wish to pursue the strategy of attempting to reduce your charge then you should get a chemical dependency evaluation.The prosecution is more amenable to this idea if they have a belief that there will probably not be a repeat occurrence. So, go get a drug/alcohol evaluation at a treatment agency. When you get the report that says you do not have an ongoing alcohol or drug problem, this can be provided to the prosecution as evidence that you will not be a repeat offender. In fact, in any DUI case or DUI reduction this gets court ordered anyway.  So, it is best to have gone to the treatment agency of your choice.  The DUI attorneys at Smith & White, PLLC can guide you as to a good choice of treatment agency.

In addition to that there are other requirements that the court will likely require. They will require you to follow treatment recommendations (at a minimum the alcohol and drug information school) that were given by the evaluation and they will most likely require you to participate in a DUI Victim’s Panel. It makes you look good in the eyes of the court and helps your DUI defense attorney handle your case if you get started on these requirements right away. Also ask your DUI defense attorney if the jurisdiction in which you are being charged has any other likely requirements that you can get started on. Doing what you can in advance strengthens your position in the eyes of the court.

Plus, it may not be a bad idea to go over and above the likely requirements. The court does look favorably on community service and volunteer work. Also, many courts will convert fines to community service so you can work off your fines.  It does not hurt to work this off in advance.  It may be a good idea to find an organization whose goals you support and start doing work with them on a volunteer basis. How much time is of course up to you, after all this is completely optional. However, it does bolster your image in the eyes of the court and that is something to consider in this trying time.

Lastly, care about your case and its defense. Now you’re thinking, “Well of course I care about that, that’s why I’m hiring a DUI defense attorney.” That was a good start and they will counsel and defend you and work to get you your best result possible. So do not stay silently in the shadows – ask questions, make sure you understand what the next step is, ask more questions and see if there is anything you can be doing to help your case.

This is of course a hard time. These are the steps you can take to make it go easier. Remember the first step was get a Seattle Tacoma DUI defense attorney. Please call Smith & White, PLLC – the first consultation is free.