| If you are a DUI attorney or want to be a DUI lawyer, | | | | not good. |
| you have got to know about some of the ways a bad | | | | Now, in this example, there are a couple of things that |
| DUI can be pled down to a good DUI, or some other | | | | are good, and there are a couple of things that are |
| "better" criminal charge (often negligent driving first | | | | bad. The good news is that no one was injured in the |
| degree or reckless driving), in addition to the ways you | | | | accident. The other good news is that you acted |
| can get these criminal charges dismissed. Why do you | | | | properly when interacting with the police so they have |
| have to know this? Simple - you aren't going to be | | | | little to no evidence that you were too drunk to drive - |
| able to beat every DUI that comes across your desk. | | | | they don't know if you were drinking, they don't know |
| In some cases your job is going to be to minimize the | | | | where you were coming from or where you were |
| damage to your client, which means getting the best | | | | going, and they don't have any field sobriety test |
| deal possible. | | | | information to use against. But the bad news is, they |
| For example, let's say you are a dude, hanging out in | | | | have the breath test. And the breath test is a high |
| Seattle. It is a Saturday and you are out hanging out | | | | number. |
| with your buddies. There are a ton of great college | | | | The problem with the high number is that, while it is |
| games on, including the biggest game of the day, a | | | | possible to discredit breathalyzer tests, it usually tends |
| night time slugfest between your alma mater and their | | | | to get harder and harder the higher the number is. And |
| archrival (maybe the Apple Cup, which is the University | | | | that makes a little sense if you think about it. It is much |
| of Washington versus Washington State University), | | | | easier for a jury to believe that a breath test is .02 off, |
| so you and your buddies decide to head to the bar | | | | making a .08, the limit where a test DUI takes place, |
| now, to have a great seat and everything. Thing is, | | | | and a .06, which is not a DUI under the breath test |
| your favorite bar is a couple miles away from your | | | | statute. But when you get a lot higher, it is a lot harder |
| house. No problem, you just drive. | | | | to convince a jury the test messed up. |
| The thing is, your buddies still want to try to party like | | | | So, you've got to look to minimizing the damage, which |
| they are in college. They take shots, have chugging | | | | can be considerable with a DUI conviction when your |
| contest, and just drink a lot over the course of the day. | | | | test is over .15. In Seattle at least (and I caution this, |
| And to top it all off, your team wins the big game! | | | | because in other states the rules may be different), a |
| Now, you aren't a dummy. You know you are too | | | | breath test between .08 and .14 is seen as a low test |
| drunk to drive, and you don't want to get a drunk | | | | DUI, so the punishment is lower. But if you are .15 or |
| driving charge on your record. You've seen how | | | | over, the punishment gets significantly harder (including |
| expensive and time consuming they can be. But the | | | | an extra day of jail and a year long driver's license |
| place your car is parked won't be legal for long, and | | | | suspension). This is why the no-test DUI plea is an |
| you don't want to get it towed. So you figure you'll just | | | | option here. |
| move it around the block to a legal spot. | | | | As it sounds, the no-test DUI is simply pleading guilty to |
| And that's when the accident happens. Nothing major, | | | | DUI but without the test results. The means you aren't |
| just a fender bender. But it was enough to get the | | | | subject to the harsher punishments of a DUI with a |
| cops called, and when they showed up they | | | | test over .15, while the prosecutor still gets the |
| immediately suspected you were driving under the | | | | satisfaction of popping your for DUI. It isn't the best |
| influence of alcohol (DUI). Now, you've got a buddy that | | | | option or the ideal option, but sometimes it is the best |
| is a Seattle DUI attorney, so you knew what you | | | | option out there. |
| should do when the cops asked you questions and | | | | So, the next time you hear someone talking about a |
| you did it. But in the end you decided to take the | | | | no-test DUI, particularly in the Seattle area, this is what |
| breathalyzer test instead of facing the harsher | | | | they are talking about. A plea to this lowers the |
| punishments of a refusal. And you still are facing some | | | | mandatory minimum punishments, keeping your client |
| big trouble. A .190 reading for your blood alcohol level is | | | | (or you) out of at least a little bit of trouble. |