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Charged with DUI and reckless endangerment after pulling onto the street the wrong way on a one way street. From out of state.

Port Orchard, WA |

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.

Im reading about needing to do a dmv hearing. Having a washington drivers licence and it being an Oregon charge which DMV hearing does he need to have a hearing with? Only evidence of DUI would be the field test and a very scared man doing the tests. No blood, urin, or breath tests taken. He did refuse the breath test on the road after the person he was with told him that he wasnt required to do it. It wasnt asked of him again after taken to jail. The next day at the court he plead not guilty and here we are.

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Attorney answers 3

Posted

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.

Patrick Owen Earl

Patrick Owen Earl

Posted

I see there is a box to click on and talk with you. Normally I would do it but your case is in Oregon and I am not an Oregon attorney. Good luck to you.

Posted

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.

Asker

Posted

He actually has a washington state drivers license and lives in washington. This happened in Oregon. And there wasnt a breath test taken only a field test. It sounds like in any event that a dui attorney is needed. Thank you!!

Kenan Lee Isitt

Kenan Lee Isitt

Posted

Yes, he definitely he needs a DUI attorney in Oregon. Field sobriety tests refer to the walking/touching-nose/backwards-alphabet type of tests, not necessarily the breath test. In Washington at least, the field breath test is explicitly not admissible at trial because of issues with reliability. Your friend's arrest and/or conviction will unquestionably affect his Washington State license if he does not adequately address the issue. Best wishes.

Posted

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.