Legal Question in DUI Law in Washington

Under 21 DUI

Was recently pulled over For ''Questionable'' driving not irratic. Was wondering if an officer can even do that. ALso had to take 3 field sobriety tests, did well with following pen with eyes and standing on one foot for 30 seconds but did bad on heal to toe walk. Durring the heal to toe walk the officer did not point out a line on the ground for me to walk on, he just said walk in a straight line a number of steps. Just wondering if he administered the test wrong. My glove compartment was unlocked also with out my consent/ no warrant. I basically wanna know if it sounds like i might have a case in court? thanks


Asked on 6/02/04, 5:33 pm

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

Re: Under 21 DUI

First off, everyone has a case in court. Courts are, whether good or bad, personality driven. A lot depends on which prosecutor, judge and defense attorney you get. It does sound like he administered the test incorrectly. Each law enforcement agency has a procedure manual that informs the officers how they are to conduct the tests. I don't know which agency you were pulled over by but it is possibly he violated his own procedure manual. I am sure the jury would find that fact interesting when deciding if you are guilty or not.

DUI cases are the most complex of the misdemeanor cases. I assume at some point the officer gave you a breath test? Also, did he find anything illegal in your glove compartment? You are facing a lengthy period of license suspension if you are convicted of the charge. The officer should have punched your license and given you information about obtaining a DOL hearing at the time of the detention. You should immediately submit for a DOL hearing. For further information contact me below.

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Answered on 6/02/04, 7:13 pm


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