Sunday, February 27, 2011

Oh No! Not a DUI Accident!??

Every DUI case comes down to two major pieces of evidence against your client. One is a field sobriety test, and the other is the Breathalyzer test, also known as the BAC test if your client chose to take it. So as a Seattle DUI Lawyer, you have to be able to defend your client's performance on the field sobriety test. More importantly, you need to be able to effectively cross-examine the police officers both on the administration of the test and how they grade your client's performance. Contact the Seattle DUI Lawyers at SQ Attorneys to fight any and all of your alcohol related charges.

An example of an effective cross examination would be to get the officer to admit that he did follow the proper procedure in administering the tests, i.e. he did not follow the Field Sobriety Testing Manual in one or more aspects such as asking the operator if he were injured in any way from the accident that would effect his or her ability to perform the tests. Another effective tool relative to field sobriety tests and cross examination is that the officer has no baseline to assess your clients performance in another words the officer has never seen your client walk, talk, count, balance, or perform any task for that matter so the officer cannot say he failed or passed the tests with any credibility when he does not even know your client. Another point to make on cross is that an accident can be stressful, among other things, and a stressful situation can cause anxiety, nervousness and and lack of attentiveness which can effect ones performance on the field sobriety tests in a negative fashion.


Differences in strategy arise between a non-homicide DUI charge and one where vehicular homicide is involved. In your normal drunk driving case, non-motor vehicular homicide, the defense comes down to the field sobriety test, and maybe a Breathalyzer reading which your Washington DUI Attorney may have been able to get suppressed. However, in DUI homicide cases, the majority of the clients are taken to the hospital as a result of the accident. There is no Breathalyzer and no field sobriety test, but there is blood work so the big area of defense in motor vehicle or homicide cases most of the time is to exclude the blood results.

The major challenge in the vehicular homicide case, where obviously someone has been killed, is convincing the jury to get beyond that and look at the facts of the case. Contact the Seattle Criminal Lawyers at SQ Attorneys to defend your rights. Mitigation would come in the form of fault. In some cases the issue of who caused the accident that lead to the homicide is a live issue and if you can show that the victim caused the accident (by their driving) then you may be able to mitigate the harsh feelings toward your clients. In cases where the victims was in the defendant’s car perhaps you can show that the victim had a higher alcohol level than your client and gave the keys to your client so that he or she had to drive. Defending against a blood alcohol reading as opposed to a breath result is more difficult. A blood test is much more reliable than a breath test so it makes it more difficult to defend cases where there is a blood reading as opposed to a breath reading. If you are involved in a motor vehicle case where the government has the blood reading from the hospital you will need to file a motion to suppress the results of the blood tests. Some grounds for such suppression motions would be that the hospital did not receive your clients consent prior to drawing the blood, that your client was incapable of providing consent due to his or her injuries or medication that was given in the course of treatment at the hospital.
These are issues the Seattle Criminal Attorneys at SQ Attorneys investigate when litigating your case.

If you or a loved one is faced with a DUI charge in Western Washington, you deserve the assistance of a reputable and qualified Seattle DUI attorney who will relentlessly defend your case. You deserve a Seattle DUI defense attorney who has an intimate understanding of Washington DUI laws and the legal issues that could win your case. You deserve a Seattle DUI attorney who is not afraid to stand up against the prosecution and aggressively fight for your rights and interests. SQ Attorneys is the right Western Washington DUI law firm for the job. Call for a free initial consultation – (206) 441.0900 (Seattle); (425) 998-8384 (Eastside) – it will be the best decision you make all day.

No comments:

Post a Comment