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Drunk Driving Overview (DUI/DWI)

Since 1977 our law firm has provided outstanding service to clients charged with drunk driving ( DUI / DWI ) throughout Southwest Washington, including the Municipalities of Battleground, Camas, La Center, Washougal, Woodland, and the District courts for Clark County (located in Vancouver, WA), Cowlitz County (located in Kelso, WA), and Skamania County (located in Stevenson, WA).

The following is intended to provide you with a general overview of DUI / DWI law. As each case is unique, please contact us to discuss yours. Our initial consultation is always free of charge.

The crime of drunk driving is also known as “driving under the influence,” or DUI, and “driving while intoxicated,” or DWI. The law is aimed at punishing those who drink too much and drive as well as those who drive while under the influence of illegal drugs. Unfortunately, the law is aggressively enforced and many people who have not had to much to drink or are not actually under the influence of illegal drugs are arrested, jailed and charged.

A conviction carries with it serious and long-lasting consequences that include jail time, fines and cost, license suspension, increased insurance premiums, etc. Anyone facing a drunk driving charge should immediately seek legal council from an experienced drunk driving defense attorney to ensure that they are not unfairly treated in the process.

The Role of Law Enforcement in a Drunk Driving Case

Law enforcement agencies are charged with a responsibility to enforce the laws and protect the public from the dangers imposed by intoxicated drivers. Aggressive arrest policies have developed as a result of legislative mandate and a need to limit exposure for liability. As a result, any doubt about whether the motorist is impaired is resolved in favor of protecting the public, and we have represented many clients who provided breath samples below the .08 blood alcohol level recognized by the State toxicologist as proof of legal impairment who were nevertheless arrested and charged.

The Prosecutor’s Role in a Drunk Driving Case

Prosecutors are the lawyers who work for the government and advocate for the governments interest in the process. They are generally subject to policy considerations designed to uphold the need to protect the community from the risk of re-offense by seeking punishment calculated to deter the defendant and others from either recommitting or violating the drunk driving laws. As the system is adversarial in nature, the prosecutor never has the best interests of the accused at heart. Consequently, representation by an experienced criminal lawyer with expertise in defending drunk driving cases is essential to ensure that your rights are protected and a fair balance is preserved in the process.

Defending Drunk Driving Cases

The first priority in defending any case is to determine whether or not it can be won. This can be accomplished either of two ways:

The States case may be subject to attack on constitutional or procedural grounds. For example if the stop, detention or search is found to be unlawful by the court the remedy is exclusion of evidence that was unlawfully obtained which may result in dismissal of the case. Breath tests have to be administered according to certain procedures and protocols which, if not followed, may result in exclusion of the breath test and seriously damage the government’s case.
Even if the stop, arrest and search were lawfully conducted, the case may be defensible on the merits. Just because the arresting officer thought you were intoxicated does not mean a Judge or a Jury will agree.

Even cases that cannot be won may often be negotiated to a reduced charge that can avoid most, if not all of the major consequences of a drunk driving conviction.

Finally, a deferred prosecution is an available option in many cases. This requires either out-patient or in-patient alcohol counseling on a five year delayed dismissal.

One way or the other, we are able to successfully resolve most cases and save our clients from the harsh consequences and penalties that attend a drunk driving conviction.