Tuesday, October 8, 2013

DUI Prosecutor pleads guilty in his own DUI case

A DUI Prosecutor in a small town in Washington State pleaded guilty earlier this week in his own DUI case.  Back in June the Prosecutor was stopped by a State Trooper just after midnight for driving without headlights on in the downtown of this City.  The Trooper found the Prosecutor had slurred speech, flushed face, watery red eyes and a strong odor of alcohol on his breath.  The Prosecutor was offered field sobriety tests, and a breath test.  Both of which he refused.  

Now the purpose of this blog post is not to make fun of this Prosecutor.  He made a mistake and I'm a firm believer that a DUI arrest can happen to anyone.  And it certainly it not a situation to make light of nor am I trying to embarrass this guy.  That is why I have not included any links to the articles, mentioned his name, or even included the town of the arrest.  

The purpose of this blog post is to show you how legally educated individuals who are on the side of the Government view the field sobriety tests and breath tests in a DUI case.  In fact I have previously blogged about a Judge in Snohomish County who was arrested for a DUI last year.  In that case he refused the field sobriety tests and the breath test.  Here we have another Attorney who is familiar with DUI laws, actually prosecutes DUI cases and he also refused the field sobriety tests and the breath test.  

Why is that?  Why do these Attorneys who are more familiar with the aspects of a DUI investigation continue to exercise their right to remain silent and not do any tests.  Because these tests are flawed and regardless of how you perform you will get arrested and regardless of what your breath test is you will get charged.  No matter what.  So why give the Prosecution evidence in your DUI case.  Heck if you decline these tests there is always a chance the DUI charge will not get filed.  That is what happened in the case involving the Judge and I have had this happen to several of my clients.

If you read this blog with any sort of regularity then you know my advice as a Seattle DUI Lawyer is to do the following if you're being investigated for a DUI.
  1. Be polite
  2. Decline to perform any field sobriety tests
  3. Decline to provide a portable breath test
  4. Ask to speak with an Attorney immediately after you get detained
If for some reason you questioned my advice with regards to the field sobriety tests, and possibly declining the breath test.  Then you should follow the actions of these two Attorneys who recently faced DUI arrests in Washington State.  

About the author: Matthew Leyba is a DUI Lawyer in Bellevue, WA.  His practice focuses on representing those charged with DUI and other traffic offenses.  He is rated as a Superb DUI Attorney by Avvo, and was named a Rising Star in DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. 

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