Tuesday, February 18, 2014

What not to do when being investigated for DUI

I recently made a blog post on a similar topic, What not to say during a Seattle DUI arrest, on my other blog.  However that blog post got me thinking about some of the DUI cases I have represented in my career.  If you practice DUI Defense then you know what I mean, those crazy cases where you're reading the police report or watching the video and see something that makes you cringe and say "I wish you didn't do that."  So without further adieu here are some things that you should never ever do if you're being investigated for a DUI in Seattle, or anywhere for that matter.

Now if you're an avid reader of this blog then you know not to answer any questions without first speaking with a DUI lawyer, not to do any field sobriety tests, and not to take any breath or blood test without first confirming with a DUI lawyer.  So I will not discuss that here.  Instead this will be some things that people often say or do that they can control. 

First of all don't be a jerk to the investigating DUI police officer.  Yes, I realize being investigated for a DUI would be one of the worst moments of anybody's life.  However everything you say or do will be used against you in your criminal DUI case.  So do yourself and your DUI lawyer a favor and just be polite.

Secondly if you see lights pull over.  I can't tell you how many people continue to drive once they see lights.  Either they don't believe they are getting pulled over, or they try to find a safe place to park.  Either way a DUI Prosecutor will inevitably say the reason the vehicle did not pull over immediately was because the driver was affected by alcohol and their reaction time was slower because of it.  I know this is bullshit, but it still doesn't change the fact that is what a Prosecutor will argue to a jury in a DUI trial.

Lastly whatever you do stay awake when you're in the back seat of the patrol vehicle while you're being transported to take the breath test.  I know it's late at night.  You might be tired.  You might be closing your eyes because your upset.  But the second you close your eyes the DUI Officer will see that and will try and make it sound like you were passing out, or falling asleep.  Then guess what a DUI Prosecutor will use that against you.  So do yourself and your lawyer a favor and try to stay awake.

Obviously every DUI case is different and these are just a few of the main things I see that people can control.  

About the author:  Matthew Leyba is a DUI Lawyer in Seattle you can view his website here.  He has been repeatedly named a Rising Star among Seattle DUI Lawyers by the Seattle Met Magazine, an honor less than 2.5% of all Lawyers receive.  Additionally he is rated as a 10/10 and named a Superb DUI Lawyer by Avvo.com