How to Challenge a DUI

There are a variety of grounds to challenge a DUI charge in Washington State. Every case has its own circumstances pertaining to it and thus should be evaluated on an individual level by the attorney handling the case. Below are potential challenges that could be made in response to a DUI charge in the state of Washington.

Motions to Dismiss

Dismissal of the charge due to the fact that the officer didn’t have a legitimate reason to pull over the suspect in the first place

Dismissal of the charge due to the officer having pulled over the suspect based off of unsubstantiated information provided by an unreliable witness

Dismissal of the charge due to the fact that the officer didn’t have probable cause to detain the suspect or make the arrest

Dismissal of the charge due to corpus delicti, a legal principle that maintains it must be proven that a crime has been committed in order to accuse someone of committing the crime. This relates to DUI charges in that it must be possible to prove that the suspect was indeed driving the car through means aside from their own admission of guilt such, as through verification by a witness or evidential proof

Dismissal of the charge due to the suspect’s right to counsel not being recognized

Dismissal of the charge due to the prosecution not being able to prove that the alcohol consumption that was shown through the alcohol test was not consumed after the arrest but prior to the administration of the test

Dismissal of the charge due to the suspect not being allowed to additionally have their own blood or breath test administered

Dismissal of the charge due to prosecution not satisfying the mandatory filing requirements as established by state law for a DUI charge

Dismissal of the charge due to charging documents being found defective

Dismissal of the charge due to insufficient facts or evidence to prove guilt beyond reasonable doubt necessary to find a guilty verdict for a DUI charge

Dismissal of the charge due to a violation the suspect’s right to a speedy trial
Motions to Suppress

Suppression of statements due to a violation of the 5th Amendment that protects against the abuse of governmental authority and guarantees a due process of law in a legal proceeding

Suppression due to a violation of the suspect’s Miranda rights

Suppression due to the officer not obtaining voluntary consent that is required in order to administer a field or portable sobriety test

Suppression due to refusal to submit to field sobriety tests

Suppression of portable breath test due to failure to adhere to proper protocol

Suppression of the results of the horizontal gaze nystagmus test (HGN or eye test) due to the test not being administered by a certified drug recognition expert, as required by law, or for use of the test as the only means to establish proof of alcohol or drug consumption

Suppression of any evidence collected after the use of any speed measuring device

Suppression of any evidence collected after failing to be advised of the right to counsel

Suppression of breath or blood tests used as evidence due to the officer failing to advise the suspect of implied consent warnings

Suppression of breath or blood tests used as evidence due to the suspect communicating confusion about the implied consent warnings but the officer failed to further clarify the implied consent warnings

Suppression of breath or blood tests used as evidence due to the fact that the officer interfered with the suspect’s rights to additionally have their own blood or breath test administered

Breath Test Challenges

The test was not administered according to proper protocol

The test was administered by someone who was not certified to do so

The machine that the test was administered using was broken or malfunctioning

The fifteen-minute period where the suspect must be observed prior to the administration of the test was not enforced

The suspect had something in their oral cavity during the administration of the test

Washington State DUI Lawyer

Washington State DUI Lawyer