He wasnt familiar witht he area when pulling out onto a one way street. The police asked him if he had been drinking and he answered yes. He did not to a breath test on the road or at the station (he wasnt asked to do so at the jail). They did do the field test. We live in washington and he has a washington drivers license. How does a charge effect an out of state driver? how does no breath test effect the charge of being drunk? He was charged with dui and reckless endangerment because he had another adult in the car.
This question is a bit unclear but what I am understanding is the this person in from WA state and got a DUI charge in Oregon State. EIther way he will need to get an attorney from the state where the ticket is from and abide by its laws. He can have a hearing with the DMV (DOL here in WA) in the state from where the ticket is from. So if I am understanding this correctly he would have one with Oregon. He will have to deal with the DUI charge too because he coudl have licensing problem due to the criminal charge of DUI also. The other problem is administrative suspension . I do not practice in Oregon so I don't know their issues. Sounds like they don't have a BAC or Blood test. If this is due to you refusing to do it then you have a problem with the state being able to use this refusal of the test against you in court. If it was just over looked then you are sitting pretty. Get an attorney.
Defendants are often convicted at trial on the basis of the field sobriety tests alone. An out of state driver's license suspension will definitely affect an instate driver's license. I.e., your friends Oregon driver's license is absolutely at risk based on a Washington State DUI.
As for your question about the breath test, that is highly fact specific and you absolutely need a DUI attorney to handle it. DUI's are highly technical for both pretrial and at trial proceedings. Your friend needs an attorney.
Your friend may have some good defenses, and there are some excellent DUI attorneys in Washington to help. I would be happy to refer several in the area.
Sounds like the charge comes from Oregon, so he really needs advice from an Oregon attorney. Any hearing to attempt to avoid a license consequence would have to be done through the State of Oregon, not Washington. Be aware though that if Oregon suspends or revokes his driver's privilege, that suspension is supposed to carry over to all the other states.
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