Charged with a DUI in Skagit County or Whatcom County? Here’s What Your Lawyer Will Ask

You got stopped for a DUI in Skagit County or Whatcom County. Here are possible questions a lawyer will ask about your DUI:

a. What happened during the arrest, including the reason for the stop and interactions with the officer?

Lawyers need a detailed account of the events leading up to and during the arrest to identify potential legal defenses like an unlawful stop or improper procedures. This includes the location and time of the arrest, how the officer approached your vehicle, whether field sobriety tests were administered, whether you were taken to the hospital for a blood test, and any statements made to the police. Were you instructed what the charges against you were? Were you read your constitutional rights? What kind of questions were you asked? What answers did you provide to the officer. Even when you think things may be irrelevant, let the attorney know all the details. If you have documents or evidence, bring it with you to your meeting.

b. Did you take a breathalyzer or blood test, and if so, what were the results?

Understanding the results of chemical tests is crucial for evaluating the prosecution’s evidence and identifying potential defenses related to test accuracy or proper procedure. The lawyer is able to use the tests to challenge the prosecutor whether the tests can be upheld in court or not.

Refusal to take a test can also be a significant factor in the case, so the lawyer will want to understand the reasons behind it. Refusing a breath or blood test after being lawfully arrested for DUI carries a mandatory license suspension. This is due to Washington State’s implied consent law, which basically means that by driving on public roads, you agree to do these tests if you are arrested for a DUI. RCW 46.20.308 outlines it like this:

“Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW  46.61.506, to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW  46.61.503.”

Refusal of tests triggers an automatic administrative process by by the DOL to suspend your license. This suspension is separate from any of the criminal proceedings related to the DUI charge.

c. What were you doing, eating, and drinking before the arrest?

This information helps the attorney understand the client’s physical condition at the time of the arrest and identify factors that could have affected the field sobriety test results or BAC levels of a breathalyzer. For example, medical conditions, medications, or even the time between the last drink and the test can impact the blood or breath test results. It is importantly for the lawyer to know so that this can possibly be used as a defense strategy.

d. Do you have any prior DUI or criminal offenses?

Past offenses can influence the current case, including potential penalties and eligibility for diversion programs. It is best to disclose all past offenses and charges for the attorney to tailor the defense strategy for a specific case and advise clients on the potential consequences they face.

e. What is your main goal or desired outcome for this case?

Understanding the client’s priorities, such as reducing charges, avoiding jail time, or retaining their driver’s license, helps the lawyer tailor the defense strategy accordingly. This allows the attorney to discuss potential plea bargains, trial strategies, and the pros and cons of each approach.

You should also ask the attorney the success rate of such cases. Lawyers understand that you’re putting a lot of trust in them and that choosing a lawyer with a good success rate would give you a better chance in obtaining the desired outcome in your case. A good lawyer will be straightforward and honest. However, an unsuccessful case does not indicate a bad lawyer. Lawyers try to get the best possible outcomes for their clients, even though if those outcomes may not be what the clients hoped for.

If you are charged with a DUI in Skagit or Whatcom County, call Powers Law Group at 360-419-0809 for your consultation. Be prepared to answer the above questions (and more!) at your first meeting.