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Seattle DUI Attorney | DOL Hearing

by: scottylawren817 | Total views: 8 | Word Count: 468 | Date: Sun, 7 Mar 2010 Time: 10:38 AM | 0 comments

In Seattle, just like the rest of the country, if you are driving a vehicle you have impliedly consented to providing a sample of your breath to determine your breath alcohol concentration if the cops believe you are driving under the influence. And, if you provide a test (after talking to a Seattle DUI attorney), and it is .08 or over, you will be facing a driver's license suspension by the Department of licensing (DOL).

Just because your driver's license is suspended, though, doesn't mean that the process is over. They can't just take away your driving privileges without giving you a chance to fight. So, if you appeal the suspension within 20 days of your test, then you have a chance to beat the suspension and keep your driver's license. And there are four ways to attack.

To begin, the cop has to have a valid reason for pulling you over. This can't be a feeling or a gut feeling that the cop has that you are DUI. There has to actually be something there. The majority of the time its a traffic infraction. This gets you pulled over and then the cop can start looking for signs of DUI. If they stop you for a fake or improper reason, though, the test results get kicked out, and you win.

Next, assuming the cop stops you for a traffic infraction, he's got get enough evidence to form a basis to proceed to a full blown DUI investigation. Much of the time this is slurred speech, droopy, watery eyes, etc., etc. They are all the things you know the cops say they see when they pull someone over. If there isn't enough there, though, then they can't investigate for DUI, and, you guessed it, you win.

If the stop and the investigation are good, then the cop has to give you an implied consent warning before he gives you the breath test. This warning tells you everything the state thinks you should know about the consequences of the test (and refusing the test). It is a requirement that you read and understand these. If you don't, the test is no good. You win.

Finally, that the breath test was administered properly. Many times at issue is the 15 minute observation period, which, if not followed, renders the test unreliable and inadmissible. If any other issues arise, they may keep the test out too.

You can make all of these arguments on your own, but if you want to have a decent chance at winning, you should really consider hiring a Seattle DUI attorney to help you out. Not only do they know the law, but they can present it in a way that is persuasive for the hearing examiner.

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