Thomas S. Alpaugh

 Attorney at Law

Driving Under The Influence

 "Attorney Alpaugh represented me in a DUI case and was able to minimize the impact to my personal record." 
-T. F.

Some individuals simply don't understand that innocent people may be arrested and charged with DUI too.

Reality Check
 
            Remember, the cop asks questions and gathers evidence to convict you. Unless you've truly had that one drink, I advise the following:

1.      Ask to speak to an attorney. You'll likely be denied at the scene but no matter. Politely inform the cop that you'll not answer questions or perform any roadside tests until you speak to an attorney. All counties are required to have an on call public defender available 24 hours a day for in people arrested. Request one if your attorney is not available.
2.      Remain silent! Don't answer any questions, volunteer information or engage in chit chat. Once you have asked for an attorney you should stop talking.
3.      When asked to perform roadside tests, remember rule #1: “I want to speak to an attorney before I answer your questions.” In reality, under no circumstances should you ever perform these tests. They are designed to make you fail.
4.      When asked to submit to a portable breath test, generally at the scene, unless you've had only one drink, remember rule #1! In reality, refuse this test.
5.       Submit to the breath test at the station or jail. Although you have a right to refuse, penalties for refusal are more severe and limit your attorney to attack the credibility of the test results. When asked to take the test you may answer yes then refer back to rule #2.

The DUI laws in Washington are complex and have significant consequences to those charged or simply arrested.  Issues such as Ignition interlock licenses, SR-22 insurance, administrative license suspensions and mandatory jail sentences are confusing.  My 20 years of experience representing DUI clients have included attending training seminars throughout the United States and becoming certified to conduct Field Sobriety Tests.  My experience ensures that the police have conducted their own testing properly before they attempt to label you a criminal. 

Let me help you resolve your matter that's best given the circumstances of your case.  There are ways to avoid jail time.

I once represented a middle aged person pulled over for simply speeding, after he had  one drink with dinner. He was arrested for DUI. His low breath test at the station confirmed his statement. No matter, the cop still charged him with DUI and booked him into jail.

My aggressive stance and the client's willingness to refuse any plea bargains resulted in an outright dismissal of the charge.  Meanwhile the officer appears in the local paper receiving an award for most DUI arrests.  Go figure.

Copyright 2012