First Offense DUI...more info.

Asked over 1 year ago - Seattle, WA

On Feb . 6th at approx . 2 : 20am I was pulled over by a SPD officer while driving home to my apartment . I had just left a local bistro 5 blocks from my home . I just relocated back to Seattle 3 months ago from NYC ( the driver's license I still had ) and was driving a car that my brother had just given to me the day before which I had not yet registered in my name and had expired tabs . The officer pulled me over for attempting to make an illegal left turn and claimed I crossed into the oncoming traffic lane . This Is actually in the South Lake Union area and this particular " y " in the avenues is a bit confusing to navigate . Nevertheless , I was pulled over asked for all applicable doc . of which I only had the outdated registration still in my brother's name , my NYC driver's license and no proof of insurance . He then asked me if I had had anything to drink which I responded honestly to ( two martinis in the period of probable 2 . 5 hours ) . He then proceeded to ask me to get out of the car and consent to a " test " , to which I complied . He also noted that I was being recorded . He then asked me to say the " ABC's " . After which he then stated I failed , he arrested me and had a tow truck take my car away . Once at the station I was obviously scared and emotional . They put me in the holding room where the BAC machine is and informed me again , I was under video surveillance . After a while , he asked me if I would consent to a BAC test . I was very scared and asked to speak with an on call attorney . . . which I did . She informed me it was in my best interest to take the BAC lest my license be surely revoked for at least one year . . . so I complied . When the officer was administering the test the first breath he said was not heavy enough and to please breath longer and harder for the second attempt . I did so . After he administered the test he was having complications with the machine and called another officer in to help in the process . Finally , they said they could not give me the results at that moment , nor print them out but I would be sent the results in the mail . I was terrified . They then placed me ( cuffed ) in a room next door for a moment and finally brought me out . Handed me a DOL Request for Hearing Printout as well as just the vehicle report for my impounded car . They did not give me a citation , punch my card or give me a CAB ticket . Finally , they told me I was free to go and I took a cab home . I just today sent in my Request for DOL hearing as I finally received the notice of a 90 license suspension 60 days from the 8th of Feb . I still have received no citation or arraignment information in the mail and have checked with the Seattle Municipal Court Clerk multiple times . . . no citation or court date showing as of yet . I did however after weeks of repeated checking the West Precinct's BAC on line reports finally found that my results were posted . I was astonished ! . 21 ! I am very concerned . I have no prior record and I'm very concerned that the results were inaccurate . . . . I have made a request to the Municipal Court online to obtain all the records for this arrest to be mailed to me even though as of yet there is no record of a citation or court summons . Please let me know when we can discuss this . Thank you so much for you time .

Attorney answers (5)

  1. Vitaliy Kertchen

    Contributor Level 15

    10

    Lawyers agree

    Answered . You need to hire a DUI attorney, as a DUI is a very serious charge that carries serious consequences, especially when you blow over a .15. If there were complications with the machine, an attorney can analyze those complications to potentially get your breath result thrown out, which will significantly reduce the penalties attached to the DUI.

    Also, you had twenty days from when you were arrested to request a DOL hearing. Not twenty days from when you receive the notice in the mail. However, since you were arrested on February 6, you're still within the twenty days to request a hearing, so you should be good. The only way you can hope to win the hearing is by hiring an attorney.

    Good luck.

  2. Patrick Owen Earl

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . YOu need to consult with an attorney and hire one to help you. He/she will know what to argue and what is good and bad because you are going to interview a few attorneys and find one that does DUI defense all the time and has argued motion hearings and trial monthly. You have some good issue here and you will need to talk to your attorney and make sure he/she understands your postition and then LISTEN to him/her about the good and the bad and make decisions on how to proceed. Good Luck

  3. Scott Weymouth Lawrence

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . Many DUI attorneys offer a free consultation. DUI cases are complicated and people usually have a lot of questions about their options and the possible outcomes of their case. The questions and concerns you have a very common, but it would take a several page answer to even begin to address all of the things you need to know when charged with DUI. I find it usually takes a minimum of an hour face-to-face to really explain the basics of a DUI charge. Schedule a couple of consultations with DUI attorneys who practice in your area.

  4. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You need to look for experienced DUI attorneys in your area. Most offer free consultations. Start calling around and set up a few appointments. Look for attorneys who regularly go to trial on DUI cases. They are technical cases and there are many ways to beat them. It can take a few months to get a court date on the criminal case, so it's a little early to be panicking about that. The administrative hearing on the license suspension is a separate but related issue. It's an important part of your DUI defense, so again, you need an attorney who handles them regularly appearing on your behalf.

    When you meet with these attorneys, they will explain the legal process to you. This will also give you a chance to find out about their fees and payment plans. Attorneys' fees vary greatly, which is another reason to meet with more than one. Best of luck!

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  5. Daniel Joseph Gerl

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . As has been said on here several times, you need to consult with a local DUI attorney who handles cases not only with similar facts as yours (high BAC with possible procedural complications) but if possible, who practices in the court where your case is assigned. I can tell you from experience that Seattle Municipal Court (where it appears yours is assigned) and the prosecuting attorney's office there, have their own particular procedures and cultures and that will play a pretty significant role in what happens in your case. You should do your research, speak with several area attorneys who focus on DUI defense and in the Seattle courts, and bring your questions and concerns to them in an actual face to face consultation (which should be free up to 30 mins). Good luck ...

    Mr. Gerl's answers to questions are for general purposes only and do not establish an attorney-client relationship.

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