Legal Question in DUI Law in Washington

DUI Washington state

I was arrested on Thursday 16 2009. I rear-ended somebody and pulled all my info for the driver and he refused to take my information. we were pulling into a parking off the street but I drove back to my house instead. Question is if I had a few more drinks after I got home does that void the DUI charge?


Asked on 4/18/09, 11:53 pm

3 Answers from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: DUI Washington state

It depends. I have too little information from your description. Why did the other driver refuse your information? What did he tell the police? Why did you leave the accident scene? Were there any witnesses to the accident? Were you alone in your car? How long were you at home before the police arrived? Was anyone at home with you? Did they see you drink any alcohol? Did you take the breath test at the station? Did you take any field sobriety tests, including a portable breath test at your home? I would need to know much more than if you simply drank at home. You can reach me at [email protected] to further discuss your matter. The short answer to your question is: it could affect the DUI but not necessarily void it and it coul daffect the breath test results but not necessarily void it.

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Answered on 4/19/09, 12:25 am
James J. White, attorney Law Offices of Smith & White, PLLC

Re: DUI Washington state

Yes, it could void your DUI. Any proof gathered after your drinking at home would be voided by your drinking at home. Any proof before your drinking at home, like what the other driver or any other possible witnesses have to say, would still be valid. So, the strength of your case depends on the particulars of the situation.

At your service,

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Answered on 4/22/09, 2:06 pm
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: DUI Washington state

I'll just add to Ms. Abelite's answer: while it certainly could be an affirmative defense to the charge of DUI, a question remains as to whether the other driver can testify as to your sobriety at the time he met you. I agree there are too many unknowns here and it would help to see a police report.

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Answered on 4/20/09, 11:05 am


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