Common Defenses for DUI Charges in Seattle

Common Defenses for DUI Charges in Seattle

Getting arrested for DUI can be scary. The penalties are harsh–jail time, fines, license suspension. But don’t panic! There are defenses you can use to fight the charges. I’m a Seattle DUI lawyer, so I know all the tricks cops and prosecutors use, and how to beat them. Keep reading and I’ll explain the main ways to defend yourself.

Challenge the Stop

Cops can’t just pull you over for no reason. They need “probable cause” to think you’re drunk–like swerving, hitting curbs, etc. If they didn’t have a valid reason to stop you, we can file a motion to suppress and hopefully get the case dismissed. This is called an “improper stop” defense and it’s super common in Seattle DUI cases[1].

Question the Arrest

When cops arrest you, they have to read you your rights (“You have the right to remain silent,” etc.). If they don’t, anything you said can get thrown out. This helps weaken their case[3].

Introduce Witnesses

If you have witnesses who saw you acting sober, we can bring them to court. Their testimony that you seemed fine can create reasonable doubt about the DUI[3].

Question Field Sobriety Tests

The roadside gymnastics cops make you do–walk the line, follow the pen–those “field sobriety tests” are designed to trip you up. A good DUI attorney knows how to challenge them–were they done right, were the results accurate? We can often suppress failed sobriety tests[3].

Fight the Blood Test

Blood tests seem definitive, but we can dispute them too. Were you on any meds that could cause a false positive? Did cops follow procedures for drawing blood and storing/testing it? Attacking the blood evidence could create reasonable doubt.

Argue Rising Blood Alcohol

Your BAC at the station is higher than when driving. We can argue it was below .08% when driving but rose later as the alcohol absorbed. This “rising blood alcohol” defense beats many DUIs.

Claim Medical Conditions

Health issues like diabetes or inner ear problems can cause dizziness, disorientation, etc. Looking drunk when you’re not. A medical defense might explain the signs of intoxication the cops saw.

Allege Illegal Search

Cops can’t just rifle through your car looking for open bottles or drugs. They need probable cause, like smelling alcohol or seeing something illegal. An illegal vehicle search defense can get evidence thrown out.

Question Machine Accuracy

Breathalyzers seem precise but aren’t perfect. We scrutinize if they were properly maintained/calibrated. And breath results get converted to BAC–were the conversion formulas right? Attacking the machines creates doubt.

Claim Right to Counsel

You have the right to talk to a lawyer before doing sobriety tests. Cops discourage this–if they didn’t let you call a lawyer, it’s a solid defense. Good luck getting cooperation after someone lawyered up!

Mitigate Penalties

Even if convicted, first-time offenders often get off easy–a reckless driving plea, no jail, etc[5]. An experienced DUI attorney negotiates with prosecutors for the lightest punishment.

There are many other creative defenses too–the possibilities are endless! With an aggressive lawyer, many DUIs can be reduced or dismissed. Don’t take a “just plead guilty” attitude. Fight the charges and you could save your license, avoid jail, and put this mess behind you.

If you or a loved one got popped for DUI in Seattle, call me for a free case evaluation. I’m a local attorney who knows the prosecutors and judges. I fight hard using every angle. Put my experience to work for you–you have options, so call now!

[1] https://www.seattle-lawyer-dui.com/seattle-dui-defenses
[2] https://www.webbattorney.com/dui-defenses
[3] https://www.seattlecriminaldefenselawfirm.com/blog/recent-news/post/drunk-driving-defenses-strategies-for-challenging-a-dui-charge-in-washington-state
[4] https://www.seattlecriminaldefenselawfirm.com/blog/advice-on-the-emotional-toll-of-a-dui-in-seattle/post/questions-you-may-have-about-your-seattle-dui
[5] https://www.washingtondui.com/penalties/sentencing-grid/dui-first-offense/