Seattle DUI Attorney Explains How To Fight For License After DOL Suspension
Wednesday, March 3rd, 2010In 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).
But you have a chance to fight it. If you appeal the ruling within 20 days of the date of the test you get the opportunity to contest the license suspension and retain your driving privileges. You can attack the suspension on one of four grounds.
First, that the cop didn’t have probable cause to stop you. To pull you over, the cop can’t just have a hunch that you are drunk. There has to be a valid reason. Most of the time the cop witnesses a traffic infraction. These can range from a broken headlight to improper lane change to speeding. But if they don’t pull you over for a valid reason, nothing that is discovered after that can be accepted as evidence.
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.
In the end, the best way to fight at a DOL hearing is with a Seattle DUI attorney. They understand the law, understand the responsibilities of the cops, and can present the best possible case for you.
Want to find out more about hiring a Seattle DUI defense attorney for your DOL hearing? Then visit our site. We’ve got a lot of information on choosing the right Seattle DUI lawyers for you.
categories: DUI, driver’s license, criminal defense, DUI defense, DUI attorney, professional services