Legal Question in DUI Law in Washington

Fingerprint/Photo/Jail

If you are arrested, spend two days in jail, and are bailed out, is there any recourse if you were never fingerprinted or photographed? (One prior DUI; Breathalyzer refusal due to no attorney present upon request, currently on deferred...)


Asked on 6/04/04, 12:49 am

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Fingerprint/Photo/Jail

I am guessing that no charges are filed at this time. The longer the better. In any criminal charge, identity is an issue. That is to say, the State, or City depending on who is bring the charge, has the burden of establishing that the person accused is actually the person who committed the alleged acts. This becomes more difficult without a photo or fingerprints. However, it will depend on what evidence the officer has in his report. Also, where he got that information. For example, if you gave him a driver's license or other photo ID at the time of the arrest, and he noted that in his report, it will make it much easier for him to identify you in court.

Also, did you ever go to court? The court cannot hold you for two days without a court appearance.

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Answered on 6/04/04, 1:57 pm


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