Patricia Ann Fulton's Answers

Crossing a border with DUI conviction

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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DUI and deferred prosecution

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...

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Field sobriety test accuracy

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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Diversion programs for DUI

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.).

Someone elses DUI

In some circumstances, a witnesses statement may be enough to convince a jury you were behind the wheel. Unfortunately, it doesn't sound like you have a witness you could testify that you were home in bed at the time of the incident. However, it may be possible to discredit this witness by showing that she could not have seen what she believes she saw, that she has some reason to be untruthful about the incident or bias, that she was simply confused or mistaken. An experienced attorney can...

BAC test accuracy

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.

DUI arrest when not driving

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...

Penny and breathalyzer

Prior to administering a breath test to you, Washington law requires that the officer check in your mouth to confirm that you have nothing (other than fixed dental work) there. This would include a penny, mouth jewelry, or any other foreign object. Regardless of whether or not a penny can effect the actual breath test results, a breath test administered while you had a penny in your mouth would not be legally admissible.

Appealing DUI

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.

Sloppy police work for DUI

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.