Every driving while under the influence of drugs or alcohol (DUI) case is different. Consequently, there is no “one size fits all” defense to DUI cases. However, there are some defenses that are more common than others. DUIs can be challenged prior to the trial as well as at trial. Below are some of the most common DUI defense challenges.
Washington State DUI Defense: The Stop Was Bad
You have a right to be free from government intrusion unless there is reasonable suspicion. In other words, the police cannot simply pull your car over to see if you are doing something illegal. They must have “reasonable suspicion” to stop you for a DUI. This means they must have observed some conduct, such as speeding, running a red light, or other illegal behavior to justify stopping you and pulling you over. If they do not have a valid reason to stop you, your DUI case may be dismissed.
Washington State DUI Defense: The Officer Extended the Stop Beyond What Was Necessary
Even if the police had a valid basis to stop the car, there are limits on their authority. If they stop you for speeding, give you a ticket, and have no additional signs of criminal activity, they cannot investigate beyond the reason they stopped the car.
Of course, if, on the other hand, once the car was stopped for speeding, the officer observes an open bottle of vodka on the front passenger seat, and the driver slurs his words, the police has the right to expand the stop. However, without additional information beyond the original criminal act, the police may not extend the stop. If they do, the case can be dismissed.
Washington State DUI Defense: The Test Result Is Unreliable
Whether a DUI test result is reliable or unreliable is particularly important in Washington State where penalties increase if the blood alcohol concentration (BAC) is .15 or greater. Consequently, one DUI defense is that the reading was within “the margin of error,” and isn't really .15 but rather .14. This can have significant consequences regarding fines, jail time, and driver's license suspension or revocation.
If the test is inaccurate, some or all charges may be dismissed.
Washington State DUI Defense: The Accused Wasn't Driving
Sometimes, the police come across a car accident with no driver at the scene. The police will, quite logically, go to the person's house to make sure he is okay. If the person has been drinking, he may be charged with DUI with very little or no further investigation. If the accused wasn't driving, however, he can defend their case at trial with these facts.
DUIs Are Defendable in Washington State
Many people believe DUIs can't be defended, but this is simply not the case. Attorney Vinny Randhawa practices DUI defense in King County, Pierce County, and Snohomish County, Seattle, Washington. He takes calls at all hours of the day or night, so you can get the peace of mind you need, knowing you have a strong DUI advocate on your side. Call (425) 228-2202 and talk to Vinny today.