DUI defenses, as in all cases, are limited only by the defense attorney’s creativity and ingenuity and the boundaries of the law. However, there are categories in which many of their arguments will fall.

The Accused Wasn’t Driving

The burden of proof lies on the prosecution. Who was driving the vehicle is often unclear. The state will have to prove you were driving the vehicle, if they can. Who is driving the vehicle may be a valid defense.

Lack of Probable Cause

The arresting officer must have a valid and legal reason for pulling you over. An experienced DUI attorney will frequently attack the validity and legality of your stop and arrest.

Nobody Read Me My Rights

Not everything you say is usable against you in court.  If your mouth ran faster than your mind and you made some incriminating statements, all is not lost. If your Miranda rights violated, your statements cannot be used against you.

The Tests Were Invalid

There is much opportunity for the BAC tests to be compromised. Improper testing procedures, machine malfunction and faulty maintenance procedures lead to inaccurate test results.

Remember, though you may know and understand these defenses, you most likely do not have the ability to argue them in court. Hire an experienced DUI lawyer who handles in DUI cases.  Though the above reasons are some of the categories DUI defenses will fall under, the realm of possibilities extends far beyond.  A experienced DUI attorney will explore all your options.

At first it may seem like a great idea to refuse to take the DUI breath test from the officer who pulled you over. If they can’t prove you had a high Blood Alcohol Content (BAC) they can’t prosecute you, right?

Wrong. Refusing the breathalyzer test is has consequences in the State of Washington. Consequences are often much worse than if you had submitted a BAC over the legal limit. Also, prosecutors may use your refusal to against you in negotiations with your attorney and in court.

The consequences of breath test refusal begin with the Department of Licensing. Instead of the standard first time 3 month suspension, your driver’s license will be revoked for two years without the opportunity of appeal. The next consequences you have to face are harsher criminal penaltiesincluding a longer jail sentence and, higher fines. Even without a prior DUI you will be facing an additional day in jail and 21 additional months without a license.

Hindsight is always 20/20. If you have recently refused the breath test and are now facing the increased concequences, do not hesitate to hire a lawyer. An experienced DUI lawyer may not be able to undo your actions, but can be extremely helpful in getting the consequences reduced.

People who make the mistake of driving under the influence of drugs or alcohol would likely be making another mistake if they decide against hiring an attorney following a DUI arrest.

Without the expertise of a lawyer, a DUI conviction — and the stiff array of fines and penalties that come with it –  is all but guaranteed. In Washington State, penalties for a first offense include anywhere from a day to a year in jail, a fine between $865 and $5,000 and a mandatory 90-day driver’s license suspension. Then there’s the higher insurance costs, the effects on employment and the overall damage a DUI conviction does to a person’s permanent record.

That could all change, however, with the hiring of an experienced attorney with a long history of helping people through this crisis. First of all, an attorney can examine a case to determine if any sloppy police work could lead to the charges being dropped right away. Lawyers are highly trained and able to spot the kind of technical errors that could get charges dismissed and a case closed and an experienced attorney will have his long record of review to draw upon.

The attorney could also work with prosecutors to secure a plea to a lesser crime. Attorneys are often able to reduce a DUI arrest to less severe charges like reckless or negligent driving. These charges generally include significantly milder penalties and don’t require jail time.

If prosecutors are unwilling to accept a plea to a lesser crime, attorneys can bring the case to trial. In this scenario, the defendant generally has nothing to lose. Defense attorneys would have the opportunity to pick apart the prosecution’s evidence under the sharp scrutiny of the court, giving the defendant yet another opportunity to avoid steep penalties.

A DUI arrest doesn’t have to mean steep fines and a tarnished record, after all, but in many instances, the first good decision to be made after this adverse event is to secure the services of a lawyer with a record of helping individuals in a similar situation.

Daryl Graves and The Graves Law Firm have been providing human solutions to legal problems for over 30 years. The firm’s emphasis and experience is in criminal areas including DUI, misdemeanors, felonies, traffic, juvenile, and licensing offenses. In addition, Graves has a long history of quality counsel in matters of personal injury suffered due to someone else’s negligence and/or recklessness including slip and fall, dog bite, wrongful death and medical and dental malpractice. The firm always provides a free consultation to those in need.

Insurance companies base their rates on the amount of trust they have in their policy holder’s driving habits. A DUI conviction may result in cancellation of your insurance. Rebuilding this trust can only be accomplished in three steps: taking a few specific actions, paying large sums of money, and keeping your record clean for a long period of time.

After a DUI conviction, the state requires you to obtain and file a SR-22 insurance certificate (proof of insurance). An SR-22 certificate will prove to the Department of Licensing that you have a valid auto insurance policy and are financially stable enough for them to reinstate your driver’s license. Your insurance company may not issue SR 22 insurance policies. In this case you will likely have to find a new insurance company.

The total cost of a DUI is often estimated at around $10,000. A large portion of the cost results from insurance rate increases. Over the next 3 to 7 years you can expect your insurance policy to cost 20-40% more. If you are a repeat DUI offender, premium hikes of 50% or more are not uncommon. Many insurance companies will not insure a driver convicted of DUI. Fortunately, there are insurance companies who deal specifically with DUI records.

The consequences of a DUI conviction do not end with your court case. The black mark on your criminal record will remain forever. You must keep your driving record absolutely clean for several years before your insurance may consider lowering your premium.  Any further driving offense may delay their grace indefinitely, and has the potential to compound upon the increased insurance rates you are already paying.

There is no way to escape years of increased insurance premiums following a DUI conviction. Your only hope is to fight the charge. Hiring a competent DUI lawyer is your best chance of winning. Even if they cannot win your case outright, it is possible your DUI lawyer will be able to  get your sentence reduced or charge lowered. In either case, you will be saving a substantial amount of money. Though the expense of hiring a lawyer may seem daunting, the prospect of normal insurance rates over the next seven years will easily  justify this early expense.

Daryl Graves and the Graves Law Firm have been providing human solutions to legal problems for over 30 years. The firm’s emphasis and experience is in criminal areas including DUI, misdemeanors, felonies, traffic, juvenile, and licensing offenses. In addition, Graves has a long history of quality counsel in matters of personal injury suffered due to someone else’s negligence or recklessness including slip and fall, dog bite, wrongful death and medical and dental malpractice. The firm always provides a free consultation to those in need.

There are few phrases more cliché than “Don’t become a statistic.” The phrase implies wrong action on your part will result in you becoming a portion of a percentage that represents a consequence you most likely do not want to be associated with.

Vague, right? Even when the statement is clarified by a specific punishment the questions who?, how?, and why? are rarely answered. If people do not understand how to avoid becoming a statistic, how can they actually do it? For example, nobody wants to join the percentage of Washington state drivers who are charged with a DUI this year, yet that percentage is still a significant number. Let us look at some facts (source):

• Amount of DUI Arrests in 2008 – 40,205 drivers
• Fatal Accidents involving at least one driver with BAC above the legal limit in 2008 – 163 accidents
• Fatal Accidents involving at least one driver with BAC over 0.01% in 2008 – 225 accidents
• Ratio of DUI arrests to licensed Drivers in 2008 – 3 in every 100,000 drivers

How Can You Avoid Becoming a Statistic?

An ounce of prevention is all it takes. Here are a few basic guidelines that can keep you out of trouble:

Always have safe transportation.

This is the first and most important step in avoiding DUIs. Plan ahead! Choose a member of your party to be the designated sober driver, plan your route with public transportation, or save the number of the local taxi company. The better your plan, the less likely you will feel compelled to get behind the wheel of a vehicle.

Know your limits.

Alcohol causes people to lose control. Inhibitions are stifled and decisions become rash and illogical. Some individuals become obstinate and insist on driving after excessive alcohol consumption. This may seem like backwards thinking, because it is. Know your limits when drinking alcoholic beverages. Do not over-consume and put yourself in danger of making dangerous decisions.

Get a lawyer

Even if you have been arrested for a DUI, it is not time to give up. Not every DUI arrest results in a conviction. Find a lawyer experienced in DUI law and fight the case! There is always a way to avoid becoming just another statistic.

Daryl Graves and The Graves Law Firm have been providing human solutions to legal problems for over 30 years. The firm’s emphasis and experience is in criminal areas including DUI, misdemeanors, felonies, traffic, juvenile, and licensing offenses. In addition, Graves has a long history of quality counsel in matters of personal injury suffered due to someone else’s negligence or recklessness including slip and fall, dog bite, wrongful death and medical and dental malpractice. The firm always provides a free consultation to those in need.