Facing a DUI charge in Kitsap County can be a difficult and stressful experience. You may wonder, “Can I get my DUI dismissed?” While every case is unique, certain factors could potentially lead to a dismissal of DUI charges.
At LaCross & Murphy, our team of dedicated DUI attorneys in Kitsap County is committed to helping you navigate the complexities of a DUI charge. With lawyers on the team with experience in all angles of law, we offer compassionate, thorough representation to those facing DUI charges in Washington. We know the local courts, and we’re ready to fight for the best outcome in your case.
In this blog, we’ll answer your questions and discuss the key steps involved in a DUI case in Kitsap County, and why having an experienced legal team on your side can make all the difference.
What Is a DUI Charge in Kitsap County?
Driving Under the Influence (DUI) in Washington is a serious offense, governed by RCW 46.61.502, which defines DUI offenses and outlines penalties. In Kitsap County, these penalties can include:
- Fines
- License suspension
- Jail time
Even for first-time offenders, Washington’s DUI laws are strict. However, being charged doesn’t mean you’ll automatically be convicted. Understanding the legal process can help. This process typically includes:
- Arrest: The officer takes you into custody if they believe you’re impaired.
- Arraignment: You are formally charged and appear before a judge.
- Pre-trial hearings: Your attorney works to build your defense.
- Trial (if necessary): Both sides present their case, and the court reaches a verdict.
At each stage, there are opportunities to challenge the charges and potentially have them dismissed.
What Counts as DUI in Kitsap County?
In Kitsap County, a DUI charge is typically based on your blood alcohol concentration (BAC) or evidence of drug use while driving. You can be charged with a DUI if:
- Your BAC is 0.08% or higher for drivers aged 21 and over.
- Your BAC is 0.04% or higher for commercial drivers.
- You are found driving under the influence of drugs (illegal or prescribed) that impair your ability to operate a vehicle.
The law also states that you can be charged with a DUI even if your BAC is below the legal limit if your driving is impaired due to alcohol or drugs. The circumstances surrounding your arrest, including erratic driving, field sobriety tests, and breathalyzer results, will play a key role in whether you are charged with a DUI.
Common Defenses in DUI Cases
Several defenses have successfully led to DUI dismissals in Washington. If any of the following issues arise in your case, it could work in your favor:
- Illegal traffic stops: If the officer didn’t have probable cause to pull you over.
- Improperly administered sobriety tests: These can be highly subjective and are open to interpretation.
- Faulty breathalyzer results: Under RCW 46.61.506, breathalyzer and blood tests must meet specific standards of accuracy. If these tests weren’t administered correctly, the results may be unreliable.
- Unreliable Blood results: The Washington State Crime Lab tests the blood for drugs, and the Lab has a history of problems including contamination. That’s why it’s critical that you have an attorney who knows what to ask for and what to look for. The attorneys at LaCross & Murphy are fully trained in how to identify the issues that could result in the results being suppressed because they are unreliable.
- Violation of rights: If your constitutional rights were violated, evidence may be thrown out.
At LaCross & Murphy, our criminal defense attorneys are well-versed in building strategies based on your circumstances and using them effectively in Kitsap County courts to achieve the best possible outcome.
Factors That Could Lead to a DUI Dismissal
Several factors may result in the dismissal of your DUI charge, including:
1. Lack of Probable Cause
In Washington, police officers must have probable cause to pull you over, which is typically based on observable traffic violations like reckless driving or speeding. If your stop was made without a valid reason, your attorney can challenge it, and the court may dismiss your DUI charge if the stop is deemed unlawful.
2. Breathalyzer and Blood Test Inaccuracies
Breathalyzers are not always reliable. If the machine wasn’t properly calibrated or maintained, or if the blood samples were mishandled, the test results may be inaccurate. In such cases, your attorney can request a review of the testing process. If the results are proven unreliable, your case could be dismissed.
3. Field Sobriety Test Issues
Field sobriety tests are often subjective and influenced by factors like uneven surfaces, poor weather conditions, or existing medical conditions. These tests are also prone to officer misinterpretation. If the test was improperly administered, your attorney can challenge its validity. A successful challenge could lead to a dismissal of your case.
4. Violation of Your Constitutional Rights
Police must follow specific procedures during your arrest, including reading your Miranda rights and conducting a lawful search. If these procedures are violated, your attorney can argue that any resulting evidence should be excluded. Without this evidence, the prosecution’s case could weaken, potentially leading to a dismissal.
What Happens If My DUI Is Dismissed?
If your DUI charge is dismissed, the case against you is dropped, meaning you won’t face the fines, jail time, or license suspension typically associated with a DUI conviction. This is the best possible outcome for anyone facing DUI charges. However, achieving a dismissal requires a strong defense strategy and attention to detail.
What If a Dismissal Isn’t Possible?
In cases where a dismissal isn’t possible, your attorney can explore other ways to reduce the impact of a DUI charge. These strategies may include:
- Negotiated resolution: Negotiating a reduced charge, such as reckless driving, which carries lighter penalties.
- Deferred prosecution: The state of Washington offers a deferred prosecution program for certain DUI offenders. If you meet the criteria, your case may be dismissed after successfully completing a treatment program.
This is why it is critical to work with a seasoned criminal defense or DUI attorney who understands your situation and is knowledgeable of the laws and rules relating to DUI cases in Washington.
Contact The DUI Attorneys at LaCross & Murphy Today
Getting a DUI dismissed in Kitsap County is possible with the help of an experienced Kitsap County DUI lawyer. By providing your attorneys with key information about the incident, they can tap into both their DUI defense skills and knowledge in the process and legalities of sobriety tests to work with you to build a strategic defense.
With the dedicated attorneys at LaCross & Murphy by your side, you have a better chance of achieving a favorable outcome. Whether this is your first DUI charge or you’ve faced this before, we’re here to guide you through every step of the legal process. Contact us today at 360-447-9365 to discuss your case and start planning your defense.
