Read our blog for the latest info about DUI arrest representation in Spokane, including information about marijuana and under age DUI. Nicholas George is a DUI Defense Attorney with years of experience defending drunk drivers in Spokane, WA. Nicholas George Spokane DUI Attorney - The DUI Warrior! Legal Representation.
Many people have heard stories about DUI arrests or penalties in Washington and think that they know enough to make an informed decision if they ever face the situation themselves here in Spokane. However, there is often DUI information that drivers overlook or have not heard about. Here are a few important things to know about DUI arrests and consequences.
Most drivers misunderstand what their rights are after a DUI arrest. If you are pulled over and asked to do a physical sobriety test, you have the option of politely refusing that test without later consequence. Although you can refuse other tests such as chemical tests, Washington has an implied consent law, which means that you consent to such tests in exchange for using the roadways. Refusal to take these tests can lead to license suspension and be used against you after your arrest. Some drivers believe that they can avoid a DUI arrest and conviction by simply refusing to take a blood alcohol content level test, but this will bring its own consequences.
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Furthermore, many drivers underestimate the importance of enlisting the help of an attorney. In some situations, although the driver arrested for DUI might not realize it, the arresting officer might make a mistake that renders the arrest or the results of a sobriety test meaningless. In other cases, even if fines or jail time are inescapable, an attorney may be able to minimize the amounts that are sentenced. A DUI conviction can have lasting consequences, and many people who handle their DUI arrest without the help of an attorney do not have all of the information necessary to make the best decision. At the very least, an attorney can give you accurate DUI information and advise you of your rights and possible courses of action.
The majority of people perceive DUI charges as fairly common and think that they have enough information to deal with the situation. However, working with an expert DUI attorney with experience in Spokane's Courts is more worthwhile than many people realize. Besides bettering your chance of getting back to your regular life with minimal consequences, an expert can provide all of the legal DUI information and advice that you need to avoid making a costly mistake.
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Most likely you have heard a lot about the risks of driving under the influence (DUI) of alcohol or drugs, and know most of the reasons why it is a bad idea to risk drinking and driving, but if you are under 21 there are rules you may not be aware of, that can increase your chances of a DUI arrest with much less drinking then you might think. You may be aware that the legal limit of blood alcohol content (BAC) in all 50 states currently is at .08% BAC that is considered legally intoxicated. You may have calculated exactly how many drinks over what time span will be likely to keep you below the .08% level (generally four normal drinks over two hours for a 170 pound man will get you to that amount of alcohol in your blood). But if you are under 21 and relying on those facts that you know, it may be what you don't know that gets you arrested and in need of a Spokane DUI attorney.
Zero Tolerance and What it Can Mean to You
All 50 states have 'Zero Tolerance' laws that say that the maximum allowed BAC for drivers under 21 year old is .02%. The amount of alcohol that it will take you to get to that level, obviously, is significantly lower than the four drinks in two hours that you may have memorized as your 'safety zone' when learning about DUI law. And if you are under 21, and you make that error, and you drive a car with a BAC above .02%, the law says that you are driving under the influence of alcohol, and you will need to talk to a Spokane DUI attorney if you are arrested.
Be Smart, Drive Safe and Sober
The best option by far is to avoid the risk and arrange for a designated driver if you are drinking. Consider other options like budgeting for a cab ride or keeping a short list of good friends who are willing to help keep you out of trouble, and will come pick you up if you are drinking. Whatever it takes, learn how to eliminate the risk of DUI, avoid the need to call a Spokane DUI attorney (and the bills that come with that option), and stay safer.
The Strange DUI: Physical Control
It is best to recognize when you are driving and appreciably affected by alcohol. Do not ignore debilitating signs of poor coordination and the commission of traffic violations.
Get off the road immediately. Try to park properly in an establishmentís parking lot or a rest area. If these are unavailable, park your vehicle well within a shoulder, turn off the ignition and take the keys out of the ignition. Put the keys in your pocket or in the glove compartment. Seat yourself in the rear interior of your vehicle. Call for a ride home.
RCW 46.61.504 and 2008 c 282 s 21 are each amended to reads as follows:
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the personís breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combine4d influence of or affected by intoxicating liquor and any drug.
(2) It is an affirmative defense to a violation of subsection (1) (a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the personís breath or blood to cause the defendantís alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendantís intent to assert the affirmative defense.
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