Legal Question in DUI Law in Washington

DUI and leavung the scene of an accident

My sister lost control of her car and struck a utility pole. Dazed and in shock she was driven home by a neighbor not knowing there is a law against leaving the scene. Officers arrived at her home and placed her under arrest. They said they were going to charge her with DUI but performed no field sobriety test. She told them she had had a couple of drinks with dinner 4 or 5 hours earlier and one after arriving home to calm her down so she could call her insurance company. At the station they wouldn't allow her to call her lawyer and instead called a public defender who advised her to not submit to a breath test. Then they took her to a hospital where she took a breath test a few hours later and the result was .043 Blood alcohol level. This all took place between 12:30 and 5 am yesterday and she has to appear in court today to enter a plea on the DUI. What should she do?


Asked on 4/24/09, 10:44 am

1 Answer from Attorneys
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: DUI and leavung the scene of an accident

First and foremost, she should enter a not guilty plea and request a pretrial/trial date. Second, she needs to get in to see an attorney. NEVER handle a DUI without counsel; it's just not wise. Third, she needs to file a request for a DOL hearing over the impending license revocation for refusing the breath test. The best grounds (from the limited info above) is that she wanted to call HER attorney and they would not allow it. If she does not request a hearing, her license will be revoked. Considering the rather low cost of requesting one, it's worth the money.

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Answered on 4/24/09, 4:16 pm


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