Few individuals arrested for DUI ever set out with the intention to drink and drive. A large majority claim that, before going out, they intended not to consume alcohol at all or, at the very most, only planned to have one or two drinks. Those people who intend to spend an evening drinking primarily do so responsibly, with a plan for transportation after consumption. This responsibility is reflected in FBI statistics that show drunk driving fatalities have decreased by nearly 50% since the early 1980s. Nonetheless, 2018 FBI arrest statistics also recorded more than 27,000 DUI arrests in Washington State, with 30% of total traffic deaths involving the consumption of alcohol. Clearly, drinking and driving lead to catastrophic consequences and should be avoided at all costs. There are simple steps that anyone can take to avoid making this poor decision once their cognition is impaired. If one finds themself pulled over or arrested for DUI, there is some critical knowledge to understand that can prove invaluable regarding being pulled over, arrested, and hiring good counsel.
Veitch Ault Defense is an award-winning law firm located in Bellevue and Lynnwood, WA. Their managing partner, Robert Ault, leads the firm with years of experience successfully defending clients charged with DUI and other criminal offenses. As a result, his peers have recognized Robert as a Super Lawyer in DUI defense for seven consecutive years. He was bestowed with a position on The National Trial Lawyers’ top 100 rankings and received Avvo’s 2020 Clients’ Choice Award with over one hundred reviews from appreciative clients. In this article, Robert shares his expertise in avoiding the temptation of driving under the influence and pertinent information to keep in mind if one finds themself in the unfortunate situation of being pulled over or arrested for DUI.
Very few people begin their evening with the intention of drinking and driving. Yet, once consumed, alcohol begins to increase dopamine and serotonin levels, the brain’s pleasure chemicals, while decreasing the brain’s stress chemical, norepinephrine. Therefore, when scheduling plans involving possible alcohol consumption (such as dinner parties or music and sporting events), take a minute to assess whether the desire to drink will arise. If so, treat the outing as though drinking is inevitable, arrange alternative transportation plans, avoid access to a vehicle, and leave car keys at home to avoid future temptation when cognition is impaired. Assuming alcohol consumption will occur, assuring alternative transportation is readily available, and making it difficult to get behind the wheel, will significantly reduce the likelihood of driving under the influence. In any situation that could lead to the consumption of alcohol, this should be the primary plan of action.
If one doesn’t take these preventive measures and finds themself pulled over by a law enforcement officer after consuming alcohol, here are a few things to keep in mind. It’s a good idea to keep the vehicle’s registration and insurance card in the car in a consistent and accessible location, along with the driver’s license. Having these documents ready before the law enforcement officer reaches the vehicle is a good idea. Then, once the officer reaches the car, assume that everything you say and do is being recorded on audio or video. Treating law enforcement officers with respect is generally the best course of action. Rarely will a scenario present itself when being rude to law enforcement will work in a driver’s favor. In many instances, the law enforcement officer will have the discretion to either book someone arrested for DUI into custody or eventually allow them to go home. Thus, being polite when interacting with law enforcement is in one’s best interests.
That being said, a yearning to be polite does not necessarily include participation in the performance of voluntary Field Sobriety Tests or a Preliminary Breath Test (both conducted roadside). Both of these tasks are generally introduced outside one’s vehicle and prior to an arrest having been made. These tests are, in fact, voluntary and used to assist law enforcement in their determination that there is probable cause to arrest. Needless to say, drivers have the right to respectfully decline participation in these tests if they so choose.
If after a preliminary investigation the law enforcement officer believes they possess probable cause to arrest, the subject will usually be placed in handcuffs and advised of their Constitutional Rights. While each of the rights is important, two of them, in particular, can be important to someone arrested for DUI: (1) the Right to Remain Silent and (2) the right to an attorney. Once a law enforcement officer has made the decision to arrest, it is extremely unlikely anything an arrestee says is going to change the situation. On the other hand, saying the wrong thing will very likely worsen the outcome. Further, asking to speak with an attorney will often enable an arrestee to obtain information so one can make the best decisions while the officer continues their post-arrest investigation. Once the arrestee exerts these rights, the law enforcement officer should cease asking any incriminating questions, and the arrestee should be afforded the opportunity to speak with an attorney before having to make any decisions moving forward.
Due to the severe and irreversible nature of DUI convictions, the importance of hiring an attorney who genuinely cares about their client’s well-being and possesses the necessary skills, and knowledge required for a successful defense cannot be overstated. The best way to verify a DUI defense attorney’s ability and success rate is through word-of-mouth references from personal attorneys, friends, and family. When you speak with a DUI attorney, make sure the attorney you speak with is the same person who will be handling the entirety of your case. An individual arrested for DUI needs an attorney who is attentive, empathetic, reassuring, and easy to communicate with. Good counselors understand that while outstanding legal representation is a large part of the job, so is providing peace of mind throughout the challenging experience. Their responsiveness and ability to provide answers and peace of mind immediately after an arrest are strong indicators of how well they will handle your case moving forward. Arrestees would be wise to pay close attention to these behaviors during initial conversations with potential counselors.
Once released after a DUI arrest, individuals need to understand that there will be a period when they are still in crisis mode and overwhelmed by the experience. The most important thing one can do during this period is slow down, take a deep breath, and realize that they will be alright. While the situation certainly isn’t ideal, it’s not the end of the world, and a calm mind is essential for adequately handling the situation’s aftermath.
If the individual was booked into custody, they would want to make sure they collect all their belongings and any vital documentation before leaving the station. Then, they will need to locate their car if it was towed. This is important because the longer the vehicle sits in a tow yard, the more expensive the bill will be. Amongst the documents provided by the jail should be a tow form that includes the vehicle’s location. If the jail didn’t give a tow form, then an attorney should be able to locate the vehicle. If an individual hasn’t hired an attorney by this point, this would be a good time to do so.
It is important to understand that a single DUI arrest does not result in an immediate license suspension. Unless specifically told otherwise by a judge or law enforcement officer, a DUI arrestee will still be valid to drive so long as there are no additional causes for suspension. In most circumstances, an individual arrested for DUI will want to request a Department of Licensing hearing within seven days to contest a proposed license suspension or revocation. Once again, a good attorney will be able to assist and provide legal advice regarding this entire process.
Once home, it can be a good idea to write down a complete recollection of the incident. Record every detail within memory including the time of the event, an estimate of how many drinks were consumed, what food was eaten during the day, if anything was in the mouth during the breath test (gum, Listerine strips, etc.), any medical incidents that day, if the officer informed of audio/video recording, explained individual rights, etc. These notes may have a critical effect on the case’s outcome, and recollection will only worsen over time, so it’s essential to get them recorded as quickly as possible.
From that point onward, an individual should be able to rely on their attorney to guide them through the rest of the process as long as they’ve hired strong representation. Once again, an excellent representative who genuinely cares about their clients’ cases isn’t optional but essential. Robert Ault is here for those who need such support. He’s developed his practice based on honesty, genuine care, and the belief that people are good despite their mistakes. He promises to be prepared, respectful, and work hard for his clients. To schedule a free consultation, contact Veitch Ault Defense through the contact form on their website or by calling (425) 452-1600 today.
Disclaimer: The information in this article has been made available to the general public for informational purposes only. The information is not a legal opinion or legal advice. This information is not intended to create, and the receipt or viewing of it does not create or constitute an attorney-client relationship.
