DUI Defense - Quick Info

Advice from DUI Defense Attorney James C. Egan:

Anyone can be charged with a DUI ("Driving Under the Influence"). Unlike some other crimes, DUIs affect people of all walks of life and lifestyles, even those who hardly ever drink!

Some quick and free advice:

1. First and foremost: Don't drink and drive. Even a small amount of alcohol can impair your judgment, and you can end up in an accident. Marijuana, illegal drugs, and even some doctor-prescribed medications can have the same effect. Keep in mind that the reason for the strict nature of DUI laws is that accidents occur when people are under the influence, and for that reason many groups (MADD) have cropped up to encourage stiffer penalties enacted by the legislature.
2. Be generally aware of how much you have had to drink and whether you may have too much alcohol in your system to drive safely. For a rough guideline as to how relative alcohol consumption and burnoff rates may affect your ability to operate a motor vehicle, see our blood alcohol calculator.
3. If you are stopped for a possible DUI infraction, you must cooperate with the officer's orders. However, once you become aware that you are being arrested for DUI, it is generally best not to answer questions. When the officer states, "You have the right to remain silent...," you should exercise that right.
4. Do not do the voluntary field sobriety tests in which the officer has you stand and touch your nose, or count backwards from 53 to 36. The fact that you chose not to take these tests cannot be used against you in court. By the same token, if you do take the tests, the results from them will be used against you. Politely state that you do not wish to do them. Understand that you may be arrested anyway, but at least you will not have provided substantial evidence against you for a later trial.
5. Do not agree to take the portable breath test in the back of the officer's car. This too is voluntary. Refusing to take the test cannot be held against you.
6. Go to the station with the officer and follow all instructions, saying nothing or very little. Here, the situation is a little different. Unless you are prepared to have your license suspended for a year automatically, you should take the breath test at the station when you are asked to do so. If you blow below a .15, your license would only be suspended for 90 days, assuming there were no Department of Licensing challenge. Feel free to ask about this!

ALL IS NOT LOST

Even if you have taken the field sobriety tests and portable breath test (contrary to my suggestions above), you still have some options.

In a best-case scenario, you may have passed the tests, and so there may be no basis for taking you into custody! However, only a competent, experienced defense attorney familiar with the issues surrounding DUI can determine if the officer complied with the myriad of required procedures to support a DUI conviction.

If the officer says you failed the tests, you definitely need the assistance of an attorney. Do not attempt to negotiate with the prosecutor on your own or defend yourself in court. You will lose.

The Law Offices of James C. Egan has handled several DUI jury trials and several pre-trial motions that led to substantial reductions of DUI charges. In one of our first cases we reduced a .14 BAC down to a traffic ticket, and we have succeeded in many other similar cases. In some other cases we were able to convert them into complete dismissals after a special program. Please call and ask how we can help you.

Call for your free consultation at phone number: (206) 749-0333

In an emergency, please call James Egan: (206) 795-3292