Legal Question in DUI Law in Washington

First DUI, refusal of breathalyzer. Any advice?

I was driving on 520 after having a couple of drinks. I was pulled over for ''improper lane travel'' RCW 46.61.140. However, both my passenger and both feel I never went outside of the lines. I read the definition, but it was pretty unclear. Has anybody dealt with this issue? Does the trooper need to prove I committed this, or is it strictly based on his observation. I then took the FST's, walking in a line, and following his pen without moving my head. I don't feel I did very good on either, but wouldn't do much better under any circumstances. Also, I have had a condition where I've been getting extremely light headed and several times passed out after standing. He then took me to the station, where I refused the breathalyzer. I haven't been convicted of anything before. I know I will lose my license for a year, but any other thoughts? Case will be seen in Kirkland, WA. Thanks!


Asked on 1/30/08, 7:10 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: First DUI, refusal of breathalyzer. Any advice?

Good question. Your attorney should raise a 3.6 issue (motion to suppress). The motion will be to suppress all evidence gathered after you were stopped (effectively the entire case against you). That you have a passenger (witness) will be very beneficial as it would otherwise be your word against the officer's as to what happened. The officer's testimony based on his observations is evidence and can be sufficient to prove the improper lane travel. You will need to refute this claim. The 3.6 motion will be decided by a judge. Contact me directly if you'd like further assistance.

At your service,

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Answered on 2/04/08, 5:50 pm


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