Patricia Ann Fulton’s Answers

Patricia Ann Fulton

Seattle DUI / DWI Attorney.

Contributor Level 7
  1. DUI and deferred prosecution

    Answered over 6 years ago.

    1. Joseph Orry-Leroy Baker
    2. Patricia Ann Fulton
    3. Okorie Okorocha
    3 lawyer answers

    A deferred prosecution in Washington State allows you to eventually have a DUI charge dismissed and avoid jail time and possible license consequences. However, I generally do not recommend a deferred prosecution for a first time DUI charge. To be eligible for a deferred prosecution, you must be diagnosed as drug or alcohol dependent and agree to complete an intensive two year alcohol treatment program. You will be on probation for a total of five years, during which time you will be...

    2 lawyers agreed with this answer

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  2. Field sobriety test accuracy

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Jonathan Dichter
    3. John Andrew Campanella
    4. Okorie Okorocha
    4 lawyer answers

    In Washington, all field sobriety tests are voluntary and you can refuse to perform them. This includes a portable breath test administered on the side of the road. If you choose to perform these field tests, they can be used to show you were impaired even if your breath test is under the legal limit. I recommend that you politely refuse to perform field sobriety tests and ask to speak to a lawyer immediately about taking a breath test at the police station. Generally, you should agree to...

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  3. Diversion programs for DUI

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Garth D O'Brien
    3. Jonathan Burton Blecher
    3 lawyer answers

    Other than the deferred prosecution program (which I generally do not advise on first time DUI cases) Washington does not have a formal DUI diversion program. However, depending on the court and the prosecutor on your case, it may be possible to work out a diversion type agreement that will result in the DUI case being reduced or dismissed after a period of time if you comply with certain conditions (such as taking some classes, etc.).

    2 lawyers agreed with this answer

  4. BAC test accuracy

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Brian Michael Sullivan
    3. Jonathan Dichter
    4. Alexander Thomas Henderson
    4 lawyer answers

    While generally most breath test machines are fairly accurate, there are certainly exceptions to this rule and your case may be one. An experienced DUI attorney will be able to access the repair and maintenance records for the machine on which you took the breath test and may be able to establish a malfunction from these records. Additionally, it may be helpful for you to consult with a expert on your case to attack the accuracy and reliability of the breath test.

    2 lawyers agreed with this answer

  5. DUI arrest when not driving

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. William C. Head
    3. Jason Matthew Mayberry
    3 lawyer answers

    This is an unfortunate situation for you - but it sounds like a very weak DUI case and not likely one the prosecutor could proceed on. Based on the facts in your questions, I think it would be impossible for the government to establish that you were behind the wheel of the car at the time of the incident and that the person who was driving the vehicle was under the influence. Unfortunately, just because you have a good case and are innocent doesn't mean you don't need a qualified attorney. I...

    2 lawyers agreed with this answer

  6. Appealing DUI

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Okorie Okorocha
    3. William C. Head
    3 lawyer answers

    Appealing a DUI conviction could make sense in your particular case. It would depend on the exact issues in your case and the circumstances surrounding your conviction. I recommend discussing your case with an attorney familiar with DUI cases and the appeal process to get an accurate assessment of the pros and cons of appealing your case. I recommend doing this quickly as you generally have a very limited time after conviction to file your appeal.

    2 lawyers agreed with this answer

  7. Sloppy police work for DUI

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Norman Scott Stewart
    3. Jonathan Dichter
    4. William C. Head
    5. Okorie Okorocha
    5 lawyer answers

    It depends on what mistakes the officer made. Certain mistakes made by law enforcement can result in dismissal of the charge and others to suppression of your breath test. While getting a breath test suppressed is generally very helpful to your case, it does not mean the charges will be dismissed or that the prosecutor will not be able to win at trial. An experienced DUI attorney can investigate your case to determine just what mistakes were made and what advantages they might give your defense.

    2 lawyers agreed with this answer

  8. Blood test requirement

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Okorie Okorocha
    3. Bert W. Cohen
    3 lawyer answers

    Under certain circumstances, you could be required to submit to a blood test. First, if you are under arrest for vehicular assault or vehicular homicide, you have no right to refuse to a blood test. Second, if you are under arrest for DUI and the police have a reasonable belief that you might be impaired by drugs they can request (and you can refuse) a blood test. Finally, if you are unable to perform a breath test or in a location that does not have a breath test (a hospital), the police...

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  9. DUI and felony probation

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Alberto Guadagno
    3. Nicholas William Juhl
    4. Okorie Okorocha
    4 lawyer answers

    Probably, it would depend on the terms of your probation. It is likely that as a condition of your probation you are required to have no new criminal law violations. It may also be that you are prohibited from using alcohol or drugs. A conviction for DUI would be considered a violation of both of these conditions.

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  10. Crossing a border with DUI conviction

    Answered over 6 years ago.

    1. Patricia Ann Fulton
    2. Garth D O'Brien
    3. Okorie Okorocha
    3 lawyer answers

    Canada can deny you entry if you have been convicted of a DUI. I have written an article that will provide you with more information about getting into Canada after a DUI arrest. You can find it at www.duiwashington.com/dui_washington/dui_articles/duiarticles11.html

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