Legal Question in DUI Law in Washington

i blew .051 and am still in trouble

i was pulled over for speeding and the officer asked me out of the car and gave sobriety test. me and my passenger believe i had to have passed it, but i wouldnt blow until i was allowed to talk to someone that would explain everthing to me. i was carrying a legal firearm, with cpl, and they arrest me , i goto station and talk to assigned council and take breath test .051. They will not return my gun and i am still charged with drunk driving. i had 1 beer with my dinner over 1 hour before stop, but i painted a car earlier. i looked at the can and it contains large percent alcohol. also i have had corneal transplants in both eyes and am still Disabled, still having stiches in my eyes, so i will be glassy eyed and clumsy for the rest of my life, i also take prednisalone acetate for this condition. can i beat this? can i get my gun back?


Asked on 10/11/05, 8:37 am

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: i blew .051 and am still in trouble

It's not as bad as it seems, but it will take considerable effort convincing the court and prosecutors that the firearm must be returned.

You need to review RCW 9.41.040(1)(e), (2), (3) and (4). You have not provided enough facts to determine whether your firearm is subject to forfeiture, but these statutes are controlling with respect to the confiscation of your firearm.

You have raised a number of issues regarding the driving offense. You need to enter a plea of not guilty to all charges arising from this incident, e.g. DUI, Negligent Driving 1st Degree. Retain an experienced attorney to assist you in this case. If you cannot afford to hire an attorney, apply for a court-appointed lawyer.

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Answered on 10/11/05, 1:14 pm


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