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Should I take the field sobriety tests?
These days at social gatherings a very common question I get is whether you should take the roadside Field Sobriety Tests (FST’s). The three (3) Field Sobriety Tests (FST’s) typically administered by law enforcement are the Horizontal Gaze Nystagmus (HGN)(pen light), walk and turn and one-leg stand. Sometimes, the officer will administer additional tests such as the ABC’s, backwards count and finger-to-nose among others. He/she also might administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing and determining probable cause to arrest and is not admitted into evidence, other than for that purpose.
Generally, you need to remember that these tests are voluntary. You do not have to take them. The upside is that if you pass them the officer might not arrest you. However, this very rarely happens and the downside is that you are providing evidence and building the prosecutor’s DUI case against yourself. The fact of the matter is that these tests can be difficult under any circumstances for most people.
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When will I have to report to Jail in my DUI case?
If you have been sentenced for a DUI or Physical Control, Reckless or Negligent Driving – most Courts will give you 30 days to report to Jail or Work Release if authorized. You will be given a specific date which you must report by. You can always report early if you so choose. Nearly all Courts will do a status or Jail check to make sure you have completed the Jail or reported in a timely manner. -
When should I do an alcohol/drug evaluation?
In most DUI or Physical cases, it is very advisable to complete your alcohol & drug evaluation as soon as possible. I have had many cases where the client’s pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluator and/or treatment agencies. The best resource are DUI Attorneys who work with treatment agencies everyday. Obviously, the goal is always a fair and objective evaluation. -
How Is The DUI Attorney Fee Typically Structered?
Most Washington State DUI and Criminal Traffic Lawyers use a flat fee structure. For example, you pay so much without Jury Trial and an additional amount for Jury Trial. Some require full payment in advance, while others allow down payments and monthly payment plans. Flat fees usually work in the client’s favor most of the time because hourly would typically be much more expensive in most DUI or Physical Control cases. -
Will I need an ignition interlock on a Reckless Driving conviction?
It depends. If it is your first Reckless driving conviction reduced from DUI, the answer is no. If it is your second Reckless Driving conviction reduced from DUI within 7 years (or you had a previous DUI or Neg1 reduction), you be required to have the ignition interlock device (IID) for six months. -
Should I use a deferral for my traffic infraction?
It depends. Unless, you have a horrible driving record, your attorney can usually get a reduction to a non-moving infraction. Non-moving infractions do not affect your insurance rates. You only get one deferral every seven years. -
Can I request a DOL Hearing online?
Yes. If you were arrested for DUI in Washington State you can request a Department of Licensing (DOL) Hearing online. The cost is $375.00 and you will need a credit card. You must do so within 20 days of your arrest. Request DOL Hearing -
Does the attorney fee include any Court Costs or Fines?
No. The attorney fee does not include any Court costs and fines. -
Is it worth contesting my speeding ticket?
Yes, most of the time it is worth contesting a speeding ticket. Unless you have an awful driving record, your attorney can often get a reduction that will not affect your insurance. -
Can I convert my mandatory minimum EHM time to Jail?
Yes. Mandatory minimum EHM (electronic home monitoring) time can be converted to Jail in most cases. The ratio is 15 EHM days to 1 day jail. However, it is discretionary and some judges might prefer the EHM in repeat DUI cases.
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