DUI failure to reduce speed to avoid an accident

A traffic stop can occur if an officer observed that a traffic violation occurred. When the stop is made and if the officer can articulate specific observations such as for example: an odor of intoxicants, slurred speech, red blood shot eyes, poor coordination, flushed face.... the officer then usually will proceed to go and investigate for a DUI. The officer usually will have the accused person have a horizontal gaze nystagmus, roadside tests such as the walk & turn, one leg stand, and take a portable breath test in the field. The road side tests, the portable breath test in the field before being taken to the police station and answering questions are voluntary.

Facing the accusation of a DUI is possibly the most stressful and terrifying event. Being arrested and accused of a DUI can bring humiliation on the roadside, at the police station, and in the courtroom. Without a driver's license, some people lose their jobs. In addition, a conviction for crimes such as DUI can create a permanent criminal record following a person for the rest of their life. Until an experienced DUI attorney can evaluate all the information and reports in your case, be wary of attorneys promising guaranteed results. There is no way to accurately predict your chances of “beating” a charge of DUI. Failing to consult an experienced DUI attorney would be a foolish decision. The only thing that can be guaranteed is that if you walk into court and plead guilty without consulting an experienced DUI attorney, you face tremendously harsh consequenses. An accurate evaluation of the likely outcome of your case involves not only the facts of the individual case and the applicable law, but also consideration of the interaction of the DUI attorney, and that attorney's knowledge of the prosecutor's office, and the judge assigned to the case. One of the best resource for finding an experienced and competent DUI lawyer is from the National College for DUI Defense, committed to the education and training of DUI defense lawyers. Retain an attorney who devotes the vast majority of their practice to the defense of DUI cases and has done so for a substantial period of time. There can never be a guarantee of the outcome of a case. But retaining an attorney who emphasizes DUI defense, or limits their practice to DUIs, maximizes the chances of a successful conclusion. And if you do not have a sense of comfort and confidence, look further. When you meet with an attorney, be satisfied that they have extensive experience in DUI defense and does not simply handle many DUI cases that result in a guilty plea; and has has a reputation for going to trial, rather than just pleading guilty. I welcome you to call my office at (360) 943- 8999 for a complimentary consultation.

Failure to reduce speed to avoid an accident alone, is not enough to find you guilty of DUI. The State must prove that you were impaired due to the use of alcohol and/or drugs. Without a blood or breath result the State must rely on factors such as bad driving, order of alcohol, failed field tests, admissions, etc. to prove their case. The State must also prove that you were, in fact, the driver of the vehile, and assuming the arresting officer was not a witness to the accident, they may have difficulty proving you were the driver. They will need to bring in witnesses to the accident to identify the driver. In any event, I would consult with an expereinced DUI defense attorney who can review the facts and circumstances of your case and advise you accordingly.

You can be charged with DUI, or worse Vehicular Assault or Vehicular Homicide, if you are involved in an accident while under the influece of alcohol and or drugs. For more information, contact a reputable DUI Defense Lawyer.