I am a Seattle criminal lawyer and Seattle DUI lawyer. This means, among other things, that I have a lot of friends, acquaintances, and people I’ve just met ask me all sorts of different questions about DUI laws, how to beat a DUI, and what to do in certain situations if confronted by the police while driving. But the other day, I was the one who heard a story about a investigation encounter that solidified what I’d been telling everyone – preparation and knowledge are the keys to a good outcome.

The story started at a fantasy football draft I was attending with a bunch of friends. One of the friends, who knows what I do for a living, started asking me some questions about a Seattle DUI case he had recently. He didn’t hire me at the time (I was still working in Kansas as a criminal defense attorney), and chose someone on a list his company has that offers prepaid legal services. Needless to say this guy’s attorney was a little less than motivated to give my buddy the five star treatment.

Even though my buddy had clear grounds to get the breath test kicked out of evidence, was pulled over for following too close to the car in front of him in downtown Seattle at a busy time of night (i.e. the traffic was bumper to bumper – it was impossible to follow to close when traffic wasn’t moving), and he exhibited no other serious signs of intoxication, the best the defense attorney could do, and what he advised my buddy to take, was a stipulated order of continuance down to a negligent driving first degree charge after a year of no violations and complying with some other conditions.

Well, my buddy was doing fine, complying with everything and staying out of trouble, when he had a review hearing scheduled so the court could make sure everything was on track. This hearing was scheduled for a time my buddy was out of the state, so the DUI attorney said he’d handle it on his own. When my buddy got back, the lawyer didn’t tell him anything, and my buddy kept on living life like it was no problem. Except at that hearing the court gave my buddy a month to complete an alcohol awareness class or face revocation of the stipulated order of continuance. Since my buddy didn’t know about it, he didn’t do it. Guess what? The court popped him for DUI and now he’s got to do a day in jail!

That led to this story by one of my other buddies, who is probably one of the smartest in the group anyway. He told a story about getting pulled over one night in Seattle and being investigated for DUI. At the time, he’d been drinking, but didn’t feel like he was too drunk to drive. When the cop started asking questions, my buddy stopped talking. When the cop asked my buddy to do field sobriety tests, he refused. He did what he is supposed to do – make the cops find enough evidence to arrest you without you helping them out. The cops thought they had enough so they arrested my buddy for DUI and took him down to the station for a breath test.

As I’ve said in the past, at least in Washington state, when you are arrested for DUI and asked to take a breath test, you have the opportunity to speak with an attorney before you decide whether or not to take the test. So, my buddy, being the smart guy that he is, asked to speak to an attorney. He told me he got on the phone with a public defender (which is usually who you get – which is okay because they actually know what they are talking about) and proceeded to talk with the guy for 45 minutes! They talked about a whole bunch of stuff, including whether or not my buddy should take a Seattle breath test.

In the end, he decided to take. And guess what he blew; .01. That’s right, well below the legal limit. And because he didn’t take any of the other tests or make any other statements, the cops had no reason or probable cause to arrest him and charge him with a non-breath test DUI. So they took him back out to his car and let him drive home!

Now, I’m not saying if you follow the rules and exercise your rights you will be able to beat a DUI, in Seattle or anywhere else. Sometimes, however it is about more than that. It is about limiting the information the cops have against you, limiting the evidence the prosecutor has to convict you, and giving yourself the best chance to present your best case if you are charged with DUI. Learn what you should do in your state, and, if the time arises, do it. It can mean the difference between walking away or paying the price for a DUI conviction.

C. Small is a DUI attorney with CMS Law Firm in Seattle, Washington. Getting a DUI conviction carries a high level of punishment and a can hang around your neck for a long time. Don’t wait until you are pulled over and investigated for DUI to learn what you should do to exercise your rights. Contact a Seattle DUI lawyer today to get the information you need.

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