Driving a car in Seattle, Washington is usually a pretty smooth ride. That is, unless you are pulled over and investigated for DUI. In that case, a whole slew of problems arises, including the submission of a breath alcohol test to see what level you’re at (the idea being at a certain level we’re all too drunk to drive). If you blow and your BAC is .08 or over the Department of Licensing (DOL) will try to suspend your license.
Just because your driver’s license is suspended, though, doesn’t mean that the process is over. They can’t just take away your driving privileges without giving you a chance to fight. So, if you appeal the suspension within 20 days of your test, then you have a chance to beat the suspension and keep your driver’s license. And there are four ways to attack.
First, that the cop didn’t have probable cause to stop you. To pull you over, the cop can’t just have a hunch that you are drunk. There has to be a valid reason. Most of the time the cop witnesses a traffic infraction. These can range from a broken headlight to improper lane change to speeding. But if they don’t pull you over for a valid reason, nothing that is discovered after that can be accepted as evidence.
Next, assuming the cop stops you for a traffic infraction, he’s got get enough evidence to form a basis to proceed to a full blown DUI investigation. Much of the time this is slurred speech, droopy, watery eyes, etc., etc. They are all the things you know the cops say they see when they pull someone over. If there isn’t enough there, though, then they can’t investigate for DUI, and, you guessed it, you win.
Third, that the implied consent warnings were given incorrectly. To give you a breath test you must be given a set of warnings and instructions so you understand what you are doing and the consequences of your actions. If you are given these improperly, the breath test is no good, and you keep your license.
Finally, that the breath test was administered properly. Many times at issue is the 15 minute observation period, which, if not followed, renders the test unreliable and inadmissible. If any other issues arise, they may keep the test out too.
If the article isn’t enough to make you a believer, just trust me when I say you should hire a Seattle DUI attorney to help you at your DOL hearing. They know the law, they know the arguments, and they can do the best for you at your DOL hearing.
Want to find out more about hiring a Seattle DUI defense attorney for your DOL hearing? Then visit our site. We’ve got a lot of information on choosing the right Seattle DUI lawyers for you.