DUI Defense Strategies

DUI Defense Strategies

In case that you or maybe your family members are prosecuted in one of numerous King County Courts, the prosecution is going to be representing the people of the State of Washington. Hence, in case that you were arrested for driving under the influence, you are deemed as the offender, who violated a State Law and therefore all the people in Washington state are the victims. It is up to the Seattle District Attorney or different city attorneys to represent those victims.

While prosecuting a case of driving under the influence, the prosecutor will need to prove certain elements beyond any reasonable doubt:

  1. Was the police officer right to pull you over and to contact you to begin with?
  2. Will the prosecution be able to prove beyond any reasonable doubt that you were driving the vehicle and that you were in control over the vehicle at the time?
  3. Did the police officer perform a thorough as well as genuinely comprehensive investigation, which demonstrated that you were in fact intoxicated and therefore could be arrested for DUI?
  4. Were you intoxicated while you were operating your car or was your BAC (Blood Alcohol Concentration) at .08 or higher when you were driving (.04 for commercial drivers as well as .05 for juveniles)?

In order to defend yourself properly in a King County DUI case, you will need to manipulate or attack any of those elements. Researching, analyzing as well as arguing your case is going to require the skills of a qualified as well as genuinely experienced Seattle DUI lawyer. With many years of professional experience, our team of legal experts has managed to master the issues of legislation, science and courtroom process that are part of the quality DUI defense strategy.

Probable Cause

Traffic Stops

In most of the DUI cases the offender was noticed driving and the police officer observed as he or she violates a certain law, which results in the so-called “enforcement stop”. In other cases, the law enforcement officer will be called to the scene of a car collision or some other accident that leads the office to investigate the DUI elements to begin with.

Regardless of how and why the law enforcement officer initially contacted you, this is the primary element of the case that needs to be carefully investigated. The King County DUI Defense Lawyer will be able to investigate as well as prepare different attacks that are meant to disprove the overall legality of the initial contact between the police and the drivers.

Here are some of the most common excuses that the police uses in order to perform the so-called “enforcement stop”:

  • Speeding
  • Not stopping for a red light
  • Following too closely
  • Weaving
  • Not using a turn signal
  • Not stopping for a stop sign
  • Not yielding to emergency vehicle
  • Pausing too long at a stop light
  • Driving too slowly
  • Throwing cigarettes from car
  • Lack of headlights at night
  • Erratic driving
  • Loud music
  • Not yielding to pedestrians

The law enforcement officers may also use different mechanical violations in order to pull you over and start a DUI investigation. These violations could include:

  • Any malfunctioning lighting equipment
  • Tinted windows
  • Broken or cracked windshield
  • Expired tags
  • Loud noise
  • Lack of license plates
  • Bald tires
  • Anything that hangs from rearview mirror
  • Excessive smoke
  • Lack of mud flaps

One way or the other, whether the stop was lawful or not, it is the very first step toward initializing the DUI investigation. If the police officer is already standing near your window and asks you questions, things could really escalate in a rapid manner.

Car Accidents

Very often the DUI arrests are results of a law enforcement officer responding to the scene of a car accident. Despite the fact that the law enforcement officer may never see you really driving a car, the laws of Washington permit the office to assume that you were in line with the circumstantial evidence that is available on the scene. And here are some of the issues that may be utilized in order to establish driving:

  • Location of driver when the police officers arrived
  • Witness statements
  • Possessing the ignition key
  • Injuries that were sustained by driver
  • Driver statements
  • Vehicle registered to the driver
  • Position of driver’s seat
  • Physical evidence that determines the driver

Car accidents with no witnesses could really provide a number of defending issues, including who was actually driving and what was the driver’s BAC while he or she was operating the vehicle. Once more, a comprehensive investigation of all the available facts around the accident could provide a quality King County DUI lawyer with all the evidence that he or she needs to come up with the proper defense strategy.

Related Pages: DUI Penalties