Driving Under the Influence (DUI)is a common but serious crime inWashington, where last year 30,000accused drivers faced mandatory

jail, fines, license suspensions and five years ofprobation. Police do “DUI emphasis” on holi-day weekends, sweeping up scores of drunkand not-so-drunk drivers.Even thosewith under .08 Breath AlcoholContent (BAC) are routinelycharged with DUI, so ifyou ever drink and thendrive a car, you mustread this article!

Most adults havedriven at some pointwhile impaired. Hav-ing represented over1,000 DUI clients withour team of associateDUI attorneys, I am of-ten asked what to do whenstopped after drinking. Thisarticle clarifies your rights ifyou’re among the 250 people arrestedweekly for DUI in King County. It should notencourage you to commit DUI to try out meth-ods here. Please read and save this article, putit on your fridge or in your bathroom, share itwith friends and contact us with questions or ifyou need help!

*MYTHS AND TRUTHSABOUT DUI LAW

Can I only be stopped if I’m driving badly?No. DUI Officers look for headlight, tail or

license plate lights out, expired tabs or platesobscured by tow balls or bicycle racks. Of-ficers run plates to see if car owners’ licensesare suspended. Tossing cigarettes, not wearingseatbelts or hand-holding cell phones are nowinfractions. You don’t have to drive like a ma-niac to get stopped and get a DUI; any trafficoffense will do.

If I’m pulled over, should I roll down mywindow an inch so the officer can’t smellme, and then pass my license and insurancethrough a crack in the window?

This bad idea was invented over too manycocktails. Not rolling down your window is“consciousness of guilt” supporting a DUI ar-rest. So is turning off your car and openly drink-ing alcohol before the officer; this guarantees ar-rest and looks suspicious to courts.

Everything’s on video, so we can see whatreally happened.

Despite assumptions, police car video record-.)spocytiCelttaeSemosroftpecxe(erarerasgni

You’ll be told if the officer’s recording you. Butbecause it’s not a “private” conversation, youcan legally record (using a cell phone) withor without the officer’s knowledge. Set it upbefore contacted, then shirt-pocket the phone orplace on dashboard. Without a recording theofficer can overstate your impairment and failto document police coercion. As recent eventsshow, recordings of police bullying don’t lie andmay help you.

Should you admit to drinking when asked?If possibly impaired, say “I don’t believe I

have to answer that.” You have the right not toincriminate yourself. If you admit drinking, thissupports an arrest decision. If you say “no” andare lying, the City of Seattle may add a charge ofFalse Statement to Officer – a crime of dishon-esty similar to theft. Politely decline to answer;if grilled, say “I want a lawyer.”

Am I required to do the Roadside Field SobrietyTests if the officer asks me to?

ABSOLUTELY NOT! Do not do field tests,ever. “Field tests” are roadside tests to gather evi-dence against you, which include an eye check,balance and walking test. Do them and you’reguaranteed to “fail” by the officer’s biased opin-

ion, where physical conditions (weight,age, injuries) are not seriously fac-

tored. The officer may not statethey are voluntary, but legally

they are. After any drinkingyour best answer is, “No,thank you.” If pressured,say “I want a lawyer first.”

If I don’t do the roadsidefield tests, I’ll be arrestedanyway, right?

Maybe not. When yourefuse Field Sobriety Tests,

the officer will probably havelittle evidence to support a DUI ar-

rest. The officer may offer a PortableBreath Test (PBT), which is voluntary and

should be politely refused unless you are veryclose to sober, in which case you’ll be released.

Can I really talk with a lawyer at 3 AM?Yes you can! Upon request officers must try

to put you in contact with a free phone lawyer.)noitatsehtyllausu(ecnahctsenoosehtta

A lawyer is your “lifeline” if you’rearrested for DUI. We’ve all heardMiranda warnings: “You have

.tnelisniamerotthgirehtAnything you say will beused against you. You havethe right at this time to alawyer.” These warningsare especially relevant inDUI’s, where your state-ments (what and where youdrank) are repeated in court

.deriapmier’uoyfoorpsaYou should ask for a lawyeras soon as you know you’regenuinely suspected of DUI orare read these rights. Unlike otherstatements, your request for counsel is alegal right, and can’t be used as evidence ofguilt even if requested before you’re arrested.

What happens when I ask for a lawyer?After you request a lawyer, there can be

no further questioning about your allegedcriminal conduct. If requested right after you’restopped, the officer can’t then ask you for field tests or about your drinking. Repeat yourself ifthe officer “didn’t hear” you. At that point, the“investigation” ceases, but you must cooper-ate with police orders. The officer probablywill arrest you (which happens to most peoplestopped after drinking). However, your goal isnot to avoid being arrested – but to limit evidenceagainst you.

What should I do after I’m arrested?Politely cooperate with orders but remain si-

lent. Small talk with a “friendly” officer may berecalled as evidence of slurred speech. Your carmay be legally towed. The handcuffs are demean-ing but temporary. Don’t hang your head or appearimpaired. Sit quietly as you’re driven to the policestation. You’ll be escorted to a room where you’llhave a private phone call with a 24-hour free attor-ney. This attorney will say to not answer questionsand to blow into the BAC machine.

Should I delay the procedure so I sober up?After being stopped, blood alcohol level is

very likely still going up. Drinking lots of wa-ter at the police station has no instant effect andlooks suspicious. Quicker is better.

Refusing the BAC machine test means theydon’t have evidence, right?

No. If you refuse the test, the Department ofLicensing (DOL) can suspend your license for ayear or more. The prosecutor will also use the re-fusal as proof you knew you were DUI. Refusalcases are hard to defend and the criminal penal-ties extreme, as if you’re almost twice the legallimit. And there are various challenges againstBAC results – not refusals – that we’ve used toeliminate BAC results altogether. Don’t refuse(even if the free lawyer’s “unavailable!”) Quietlytake the BAC test and have your lawyers try to“suppress” the BAC result from the State’s evi-dence later.

If the BAC result is later “suppressed,” I can’tbe prosecuted, right?

Even if suppressed, the prosecution still arguesthe officer’s opinion proves impairment. Whilethis seems unfair, it’s easier to defend because theofficer’s credibility and observations are uncor-roborated.

Does it help to hide a penny in my mouth?.tnetnoclohocla’setanimile‘yltnatsnignihtoN

However, if there’s a provable foreign substancein your mouth (i.e. pen/cap, hair/clips, chewedfingernails) shortly before you blow into the ma-chine, the BAC result is invalid. Sometimes thevideo camera in the BAC room records a “foreign

object” in your mouth while the officer looks away or ignores it.

What if I have a tongue orlip ring?

An unremoved tongueor lip ring is a “foreignobject” which nullifiesthe breath test if the of-ficer’s aware of it. Re-fusing to remove mouthjewelry is perfectly legaland cannot result in a val-

id BAC “refusal;” it couldlead to a legal blood draw,

which may benefit you.

How can I make sure I’m notbooked in jail?

After the BAC test, clearly ask the arrestingofficer to let you get your own blood draw ofyour alcohol level. If then jailed despite yourright to an independent BAC test, there’s anargument you were denied your chance to gethelpful evidence, which could be grounds fordismissal of charges. Alternatively, for $30 any

What you should knowBEFORE being stopped for DUI

By James C. Egan, Professional DUI Defense AttorneyThe Law Offices of James C. Egan • Licensed since 1998

1 in 4 adults are arrested for DUI at some time.5 minutes of reading could save you 5 years of probation.

hospital can take a blood sample to compare withthe earlier breath (or blood) test. It’s unlikely theofficer will wait for your independent blood test,then book you later.

?degrahcgnittegm’IfiwonkIlliwnehWShouldn’t the officer give me a ticket?

No infraction is issued for the crime .IUDfoSeattle cops will give you a court date in a fewdays upon release; other courts will mail a DUIsummons in a few weeks or months. This is trueeven if you blew under .08, because the offi-cer’s bare opinion of impairment is sufficient to charge DUI! (Following our advice, though,makes it a weaker charge). The next day youshould contact us to explain procedures and be-

.tiawuoyfitsols’tahtecnedivegnivreserpnigFurther, your license may be automatically sus-pended if you don’t request a hearing soon afterarrest. Don’t delay! Consult a DUI defense teamimmediately.

*Does this article encourage DUI’s?No. Under Lawyers’ Rule of Professional

Conduct 1.2(d), I merely discuss legal conse-quences of courses of conduct after a crimemay have occurred and the scope and applica-tion of DUI laws. This hypothetical opinion isfor informational purposes only, and does notguarantee accuracy nor create legal relation-ships or liability from following pointers here-

.deriapmievirdottonsredaeregaruocneI.niLast year over 400 people died in Washingtondue to drunk drivers. After drinking, people getover-confident about driving abilities. Follow-ing these suggestions upon being stopped willnot prevent a DUI charge (or possible convic-tion), but could keep a bad situation from beingmuch worse. People with prior DUI offenses,high BAC’s or current accidents will find pros-

.spitesehtfosseldrager,gnivigrofnusnoituceDUI’s are costly to everyone, so take a cab ordesignated driver if you’re impaired.

If I didn’t follow the tips perfectly, am Iscrewed?

No, we can always help. Contact us or writeme at info@eganattorney.com. Quizzing friendson these tips will help you remember. ■

The Law Offices of James C. Egan

Includes Attorneys James White, Karl Verzani, James Egan, Jay Wilkinsonand Staff A. Nava, D. Nelson, GM Susanne Stark, Paralegal Beth Ann Hinkle

We’re here to help! Get the firm advantage.FREE Consultations / Payment Plans • $200 off legal fees with this ad

206-749-0333 / info@eganattorney.comVisit website / view article at: www.eganattorney.com

ARRESTED FOR DUI? Know your rights!

Driving Under the Influence (DUI)is a common but serious crime inWashington, where last year 30,000accused drivers faced mandatory

jail, fines, license suspensions and five years ofprobation. Police do “DUI emphasis” on holi-day weekends, sweeping up scores of drunkand not-so-drunk drivers.Even thosewith under .08 Breath AlcoholContent (BAC) are routinelycharged with DUI, so ifyou ever drink and thendrive a car, you mustread this article!

Most adults havedriven at some pointwhile impaired. Hav-ing represented over1,000 DUI clients withour team of associateDUI attorneys, I am of-ten asked what to do whenstopped after drinking. Thisarticle clarifies your rights ifyou’re among the 250 people arrestedweekly for DUI in King County. It should notencourage you to commit DUI to try out meth-ods here. Please read and save this article, putit on your fridge or in your bathroom, share itwith friends and contact us with questions or ifyou need help!

*MYTHS AND TRUTHSABOUT DUI LAW

Can I only be stopped if I’m driving badly?No. DUI Officers look for headlight, tail or

license plate lights out, expired tabs or platesobscured by tow balls or bicycle racks. Of-ficers run plates to see if car owners’ licensesare suspended. Tossing cigarettes, not wearingseatbelts or hand-holding cell phones are nowinfractions. You don’t have to drive like a ma-niac to get stopped and get a DUI; any trafficoffense will do.

If I’m pulled over, should I roll down mywindow an inch so the officer can’t smellme, and then pass my license and insurancethrough a crack in the window?

This bad idea was invented over too manycocktails. Not rolling down your window is“consciousness of guilt” supporting a DUI ar-rest. So is turning off your car and openly drink-ing alcohol before the officer; this guarantees ar-rest and looks suspicious to courts.

Everything’s on video, so we can see whatreally happened.

Despite assumptions, police car video record-.)spocytiCelttaeSemosroftpecxe(erarerasgni

You’ll be told if the officer’s recording you. Butbecause it’s not a “private” conversation, youcan legally record (using a cell phone) withor without the officer’s knowledge. Set it upbefore contacted, then shirt-pocket the phone orplace on dashboard. Without a recording theofficer can overstate your impairment and failto document police coercion. As recent eventsshow, recordings of police bullying don’t lie andmay help you.

Should you admit to drinking when asked?If possibly impaired, say “I don’t believe I

have to answer that.” You have the right not toincriminate yourself. If you admit drinking, thissupports an arrest decision. If you say “no” andare lying, the City of Seattle may add a charge ofFalse Statement to Officer – a crime of dishon-esty similar to theft. Politely decline to answer;if grilled, say “I want a lawyer.”

Am I required to do the Roadside Field SobrietyTests if the officer asks me to?

ABSOLUTELY NOT! Do not do field tests,ever. “Field tests” are roadside tests to gather evi-dence against you, which include an eye check,balance and walking test. Do them and you’reguaranteed to “fail” by the officer’s biased opin-

ion, where physical conditions (weight,age, injuries) are not seriously fac-

tored. The officer may not statethey are voluntary, but legally

they are. After any drinkingyour best answer is, “No,thank you.” If pressured,say “I want a lawyer first.”

If I don’t do the roadsidefield tests, I’ll be arrestedanyway, right?

Maybe not. When yourefuse Field Sobriety Tests,

the officer will probably havelittle evidence to support a DUI ar-

rest. The officer may offer a PortableBreath Test (PBT), which is voluntary and

should be politely refused unless you are veryclose to sober, in which case you’ll be released.

Can I really talk with a lawyer at 3 AM?Yes you can! Upon request officers must try

to put you in contact with a free phone lawyer.)noitatsehtyllausu(ecnahctsenoosehtta

A lawyer is your “lifeline” if you’rearrested for DUI. We’ve all heardMiranda warnings: “You have

.tnelisniamerotthgirehtAnything you say will beused against you. You havethe right at this time to alawyer.” These warningsare especially relevant inDUI’s, where your state-ments (what and where youdrank) are repeated in court

.deriapmier’uoyfoorpsaYou should ask for a lawyeras soon as you know you’regenuinely suspected of DUI orare read these rights. Unlike otherstatements, your request for counsel is alegal right, and can’t be used as evidence ofguilt even if requested before you’re arrested.

What happens when I ask for a lawyer?After you request a lawyer, there can be

no further questioning about your allegedcriminal conduct. If requested right after you’restopped, the officer can’t then ask you for field tests or about your drinking. Repeat yourself ifthe officer “didn’t hear” you. At that point, the“investigation” ceases, but you must cooper-ate with police orders. The officer probablywill arrest you (which happens to most peoplestopped after drinking). However, your goal isnot to avoid being arrested – but to limit evidenceagainst you.

What should I do after I’m arrested?Politely cooperate with orders but remain si-

lent. Small talk with a “friendly” officer may berecalled as evidence of slurred speech. Your carmay be legally towed. The handcuffs are demean-ing but temporary. Don’t hang your head or appearimpaired. Sit quietly as you’re driven to the policestation. You’ll be escorted to a room where you’llhave a private phone call with a 24-hour free attor-ney. This attorney will say to not answer questionsand to blow into the BAC machine.

Should I delay the procedure so I sober up?After being stopped, blood alcohol level is

very likely still going up. Drinking lots of wa-ter at the police station has no instant effect andlooks suspicious. Quicker is better.

Refusing the BAC machine test means theydon’t have evidence, right?

No. If you refuse the test, the Department ofLicensing (DOL) can suspend your license for ayear or more. The prosecutor will also use the re-fusal as proof you knew you were DUI. Refusalcases are hard to defend and the criminal penal-ties extreme, as if you’re almost twice the legallimit. And there are various challenges againstBAC results – not refusals – that we’ve used toeliminate BAC results altogether. Don’t refuse(even if the free lawyer’s “unavailable!”) Quietlytake the BAC test and have your lawyers try to“suppress” the BAC result from the State’s evi-dence later.

If the BAC result is later “suppressed,” I can’tbe prosecuted, right?

Even if suppressed, the prosecution still arguesthe officer’s opinion proves impairment. Whilethis seems unfair, it’s easier to defend because theofficer’s credibility and observations are uncor-roborated.

Does it help to hide a penny in my mouth?.tnetnoclohocla’setanimile‘yltnatsnignihtoN

However, if there’s a provable foreign substancein your mouth (i.e. pen/cap, hair/clips, chewedfingernails) shortly before you blow into the ma-chine, the BAC result is invalid. Sometimes thevideo camera in the BAC room records a “foreign

object” in your mouth while the officer looks away or ignores it.

What if I have a tongue orlip ring?

An unremoved tongueor lip ring is a “foreignobject” which nullifiesthe breath test if the of-ficer’s aware of it. Re-fusing to remove mouthjewelry is perfectly legal

and cannot result in a val-id BAC “refusal;” it could

lead to a legal blood draw,which may benefit you.

How can I make sure I’m notbooked in jail?

After the BAC test, clearly ask the arrestingofficer to let you get your own blood draw ofyour alcohol level. If then jailed despite yourright to an independent BAC test, there’s anargument you were denied your chance to gethelpful evidence, which could be grounds fordismissal of charges. Alternatively, for $30 any

What you should knowBEFORE being stopped for DUI

By James C. Egan, Professional DUI Defense AttorneyThe Law Offices of James C. Egan • Licensed since 1998

1 in 4 adults are arrested for DUI at some time.5 minutes of reading could save you 5 years of probation.

hospital can take a blood sample to compare withthe earlier breath (or blood) test. It’s unlikely theofficer will wait for your independent blood test,then book you later.

?degrahcgnittegm’IfiwonkIlliwnehWShouldn’t the officer give me a ticket?

No infraction is issued for the crime .IUDfoSeattle cops will give you a court date in a fewdays upon release; other courts will mail a DUIsummons in a few weeks or months. This is trueeven if you blew under .08, because the offi-cer’s bare opinion of impairment is sufficient to charge DUI! (Following our advice, though,makes it a weaker charge). The next day youshould contact us to explain procedures and be-

.tiawuoyfitsols’tahtecnedivegnivreserpnigFurther, your license may be automatically sus-pended if you don’t request a hearing soon afterarrest. Don’t delay! Consult a DUI defense teamimmediately.

*Does this article encourage DUI’s?No. Under Lawyers’ Rule of Professional

Conduct 1.2(d), I merely discuss legal conse-quences of courses of conduct after a crimemay have occurred and the scope and applica-tion of DUI laws. This hypothetical opinion isfor informational purposes only, and does notguarantee accuracy nor create legal relation-ships or liability from following pointers here-

.deriapmievirdottonsredaeregaruocneI.niLast year over 400 people died in Washingtondue to drunk drivers. After drinking, people getover-confident about driving abilities. Follow-ing these suggestions upon being stopped willnot prevent a DUI charge (or possible convic-tion), but could keep a bad situation from beingmuch worse. People with prior DUI offenses,high BAC’s or current accidents will find pros-

.spitesehtfosseldrager,gnivigrofnusnoituceDUI’s are costly to everyone, so take a cab ordesignated driver if you’re impaired.

If I didn’t follow the tips perfectly, am Iscrewed?

No, we can always help. Contact us or writeme at info@eganattorney.com. Quizzing friendson these tips will help you remember. ■

The Law Offices of James C. Egan

Includes Attorneys James White, Karl Verzani, James Egan, Jay Wilkinsonand Staff A. Nava, D. Nelson, GM Susanne Stark, Paralegal Beth Ann Hinkle

We’re here to help! Get the firm advantage.FREE Consultations / Payment Plans • $200 off legal fees with this ad

206-749-0333 / info@eganattorney.comVisit website / view article at: www.eganattorney.com

ARRESTED FOR DUI? Know your rights!

Driving Under the Influence (DUI)is a common but serious crime inWashington, where last year 30,000accused drivers faced mandatory

jail, fines, license suspensions and five years ofprobation. Police do “DUI emphasis” on holi-day weekends, sweeping up scores of drunkand not-so-drunk drivers.Even thosewith under .08 Breath AlcoholContent (BAC) are routinelycharged with DUI, so ifyou ever drink and thendrive a car, you mustread this article!

Most adults havedriven at some pointwhile impaired. Hav-ing represented over1,000 DUI clients withour team of associateDUI attorneys, I am of-ten asked what to do whenstopped after drinking. Thisarticle clarifies your rights ifyou’re among the 250 people arrestedweekly for DUI in King County. It should notencourage you to commit DUI to try out meth-ods here. Please read and save this article, putit on your fridge or in your bathroom, share itwith friends and contact us with questions or ifyou need help!

*MYTHS AND TRUTHSABOUT DUI LAW

Can I only be stopped if I’m driving badly?No. DUI Officers look for headlight, tail or

license plate lights out, expired tabs or platesobscured by tow balls or bicycle racks. Of-ficers run plates to see if car owners’ licensesare suspended. Tossing cigarettes, not wearingseatbelts or hand-holding cell phones are nowinfractions. You don’t have to drive like a ma-niac to get stopped and get a DUI; any trafficoffense will do.

If I’m pulled over, should I roll down mywindow an inch so the officer can’t smellme, and then pass my license and insurancethrough a crack in the window?

This bad idea was invented over too manycocktails. Not rolling down your window is“consciousness of guilt” supporting a DUI ar-rest. So is turning off your car and openly drink-ing alcohol before the officer; this guarantees ar-rest and looks suspicious to courts.

Everything’s on video, so we can see whatreally happened.

Despite assumptions, police car video record-.)spocytiCelttaeSemosroftpecxe(erarerasgni

You’ll be told if the officer’s recording you. Butbecause it’s not a “private” conversation, youcan legally record (using a cell phone) withor without the officer’s knowledge. Set it upbefore contacted, then shirt-pocket the phone orplace on dashboard. Without a recording theofficer can overstate your impairment and failto document police coercion. As recent eventsshow, recordings of police bullying don’t lie andmay help you.

Should you admit to drinking when asked?If possibly impaired, say “I don’t believe I

have to answer that.” You have the right not toincriminate yourself. If you admit drinking, thissupports an arrest decision. If you say “no” andare lying, the City of Seattle may add a charge ofFalse Statement to Officer – a crime of dishon-esty similar to theft. Politely decline to answer;if grilled, say “I want a lawyer.”

Am I required to do the Roadside Field SobrietyTests if the officer asks me to?

ABSOLUTELY NOT! Do not do field tests,ever. “Field tests” are roadside tests to gather evi-dence against you, which include an eye check,balance and walking test. Do them and you’reguaranteed to “fail” by the officer’s biased opin-

ion, where physical conditions (weight,age, injuries) are not seriously fac-

tored. The officer may not statethey are voluntary, but legally

they are. After any drinkingyour best answer is, “No,thank you.” If pressured,say “I want a lawyer first.”

If I don’t do the roadsidefield tests, I’ll be arrestedanyway, right?

Maybe not. When yourefuse Field Sobriety Tests,

the officer will probably havelittle evidence to support a DUI ar-

rest. The officer may offer a PortableBreath Test (PBT), which is voluntary and

should be politely refused unless you are veryclose to sober, in which case you’ll be released.

Can I really talk with a lawyer at 3 AM?Yes you can! Upon request officers must try

to put you in contact with a free phone lawyer.)noitatsehtyllausu(ecnahctsenoosehtta

A lawyer is your “lifeline” if you’rearrested for DUI. We’ve all heardMiranda warnings: “You have

.tnelisniamerotthgirehtAnything you say will beused against you. You havethe right at this time to alawyer.” These warningsare especially relevant inDUI’s, where your state-ments (what and where youdrank) are repeated in court

.deriapmier’uoyfoorpsaYou should ask for a lawyeras soon as you know you’regenuinely suspected of DUI orare read these rights. Unlike otherstatements, your request for counsel is alegal right, and can’t be used as evidence ofguilt even if requested before you’re arrested.

What happens when I ask for a lawyer?After you request a lawyer, there can be

no further questioning about your allegedcriminal conduct. If requested right after you’restopped, the officer can’t then ask you for field tests or about your drinking. Repeat yourself ifthe officer “didn’t hear” you. At that point, the“investigation” ceases, but you must cooper-ate with police orders. The officer probablywill arrest you (which happens to most peoplestopped after drinking). However, your goal isnot to avoid being arrested – but to limit evidenceagainst you.

What should I do after I’m arrested?Politely cooperate with orders but remain si-

lent. Small talk with a “friendly” officer may berecalled as evidence of slurred speech. Your carmay be legally towed. The handcuffs are demean-ing but temporary. Don’t hang your head or appearimpaired. Sit quietly as you’re driven to the policestation. You’ll be escorted to a room where you’llhave a private phone call with a 24-hour free attor-ney. This attorney will say to not answer questionsand to blow into the BAC machine.

Should I delay the procedure so I sober up?After being stopped, blood alcohol level is

very likely still going up. Drinking lots of wa-ter at the police station has no instant effect andlooks suspicious. Quicker is better.

Refusing the BAC machine test means theydon’t have evidence, right?

No. If you refuse the test, the Department ofLicensing (DOL) can suspend your license for ayear or more. The prosecutor will also use the re-fusal as proof you knew you were DUI. Refusalcases are hard to defend and the criminal penal-ties extreme, as if you’re almost twice the legallimit. And there are various challenges againstBAC results – not refusals – that we’ve used toeliminate BAC results altogether. Don’t refuse(even if the free lawyer’s “unavailable!”) Quietlytake the BAC test and have your lawyers try to“suppress” the BAC result from the State’s evi-dence later.

If the BAC result is later “suppressed,” I can’tbe prosecuted, right?

Even if suppressed, the prosecution still arguesthe officer’s opinion proves impairment. Whilethis seems unfair, it’s easier to defend because theofficer’s credibility and observations are uncor-roborated.

Does it help to hide a penny in my mouth?.tnetnoclohocla’setanimile‘yltnatsnignihtoN

However, if there’s a provable foreign substancein your mouth (i.e. pen/cap, hair/clips, chewedfingernails) shortly before you blow into the ma-chine, the BAC result is invalid. Sometimes thevideo camera in the BAC room records a “foreign

object” in your mouth while the officer looks away or ignores it.

What if I have a tongue orlip ring?

An unremoved tongueor lip ring is a “foreignobject” which nullifiesthe breath test if the of-ficer’s aware of it. Re-fusing to remove mouthjewelry is perfectly legal

and cannot result in a val-id BAC “refusal;” it could

lead to a legal blood draw,which may benefit you.

How can I make sure I’m notbooked in jail?

After the BAC test, clearly ask the arrestingofficer to let you get your own blood draw ofyour alcohol level. If then jailed despite yourright to an independent BAC test, there’s anargument you were denied your chance to gethelpful evidence, which could be grounds fordismissal of charges. Alternatively, for $30 any

What you should knowBEFORE being stopped for DUI

By James C. Egan, Professional DUI Defense AttorneyThe Law Offices of James C. Egan • Licensed since 1998

1 in 4 adults are arrested for DUI at some time.5 minutes of reading could save you 5 years of probation.

hospital can take a blood sample to compare withthe earlier breath (or blood) test. It’s unlikely theofficer will wait for your independent blood test,then book you later.

?degrahcgnittegm’IfiwonkIlliwnehWShouldn’t the officer give me a ticket?

No infraction is issued for the crime .IUDfoSeattle cops will give you a court date in a fewdays upon release; other courts will mail a DUIsummons in a few weeks or months. This is trueeven if you blew under .08, because the offi-cer’s bare opinion of impairment is sufficient to charge DUI! (Following our advice, though,makes it a weaker charge). The next day youshould contact us to explain procedures and be-

.tiawuoyfitsols’tahtecnedivegnivreserpnigFurther, your license may be automatically sus-pended if you don’t request a hearing soon afterarrest. Don’t delay! Consult a DUI defense teamimmediately.

*Does this article encourage DUI’s?No. Under Lawyers’ Rule of Professional

Conduct 1.2(d), I merely discuss legal conse-quences of courses of conduct after a crimemay have occurred and the scope and applica-tion of DUI laws. This hypothetical opinion isfor informational purposes only, and does notguarantee accuracy nor create legal relation-ships or liability from following pointers here-

.deriapmievirdottonsredaeregaruocneI.niLast year over 400 people died in Washingtondue to drunk drivers. After drinking, people getover-confident about driving abilities. Follow-ing these suggestions upon being stopped willnot prevent a DUI charge (or possible convic-tion), but could keep a bad situation from beingmuch worse. People with prior DUI offenses,high BAC’s or current accidents will find pros-

.spitesehtfosseldrager,gnivigrofnusnoituceDUI’s are costly to everyone, so take a cab ordesignated driver if you’re impaired.

If I didn’t follow the tips perfectly, am Iscrewed?

No, we can always help. Contact us or writeme at info@eganattorney.com. Quizzing friendson these tips will help you remember. ■

The Law Offices of James C. Egan

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