Law Office of  Jacqueline Porter
421 W. Riverside Ave, Ste 707; Spokane, WA  99201
DIVORCE.  CRIMINAL DEFENSE.  DUI.  BANKRUPTCY.  EVICTIONS.  EXPUNGEMENT.  RESTORATION OF GUN RIGHTS

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Phone: 509-747-1817

DUI Defense

Anyone can be charged with a crime.  DUI is one of the most common charges that wreak havoc on on the ordinary person's life.  Our office understands the impact that these charges and their consequences have on you, and we CAN HELP.



A person can be charged with driving while under the influence (DUI) in any of the following scenarios:


  • The person has an alcohol concentration of 0.08 within two hours after driving.

  • The person has a THC concentration of 5.00 within two hours after driving.

  • The person is driving while under the influence of or affected by intoxicating liquor, marijuana, or      any drug.

  • The person is driving under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

The fact that a person has a prescription to use a drug under the laws of this state is not a defense against a charge of DUI.




When facing a DUI, it is imperative that you have and EXPERIENCED DUI attorney representing you.  The Law Office of Jacqueline Porter offers EXPERIENCED DUI Defense.


There are two issues with a DUI:


FIRST, there are criminal consequences.  A DUI carries up to 364 days in jail and up to a $5000 fine.  A DUI can also come with up to five years' probation.


SECOND, there are civil consequences.  The Department of Licensing (DOL) will attempt to suspend or revoke your license for anywhere from 90 days to 2 years.


You need an attorney that can help you with BOTH of these issues, and WE CAN HELP.




REAL Questions and Answers:



Q:  A buddy of mine is currently on probation for his second DUI . While on probation, he was jailed for failing a breathalyzer during a probation officer meeting and upon release from jail was ordered to wear a scram ankle bracelet and to complete in home monitoring.

Prior to the scram bracelet and failed breathalyzer he got a 3rd DUI (all dui charges are within 7 years) which he accepted a plea deal but is awaiting sentencing. He was recently UA'd as part of his scram monitoring and tested positive for Adderall (he does not have a prescription.) Will the failed UA have an effect on the plea deal or sentencing? What type of punishment is he facing now?

Thanks in advance.


Jacqueline's ANSWER:  The positive UA will likely carry it's own independent consequences. The positive UA is a probation violation for the 2nd DUI, which means that the court can impose any portion of the jail time or fine that was suspended on that charge (this is referred to as a "sanction" in this phase). On the 3rd DUI, it is unclear if your friend has actually pled, or if he has accepted a deal and is waiting to plea. In Spokane County, sentencing on a DUI almost always occurs in the same hearing as the plea. If your friend has not pled yet, then he likely has a pre-trial release condition that prohibits use or possession of alcohol or drugs for which he does not have a prescription. In that case, the failed UA would also be a violation of his release conditions on the 3rd DUI (along with a probation violation on the 2nd DUI). A judge can book your friend into jail for violating a pre-trial release condition, although that is not technically a "sentence" when a person is booked prior to conviction (it is referred to as being "held' on a charge). If your friend truly has pled already (which would mean he has been convicted) and is awaiting sentencing, then it is quite likely that there will be some sort of increased jail time when the judge imposes the sentence. If this were my client, I would work to try to have his jail time for the probation violation on the 2nd DUI (his sanction) and the jail time for the 3rd DUI run concurrently. That would at least reduce the amount of time he is actually serves. Hope this helps.




Q: DUI with no evidence?: My mother was pulled over by a state patrol around a month ago. She was in a hurry and agitated from a bad day. The police officer told her he thought she was under the influence and asked to search the vehicle. She complied. He asked to search her, she complied. Her blood pressure was high, 160 over 80. They took her to the hospital and had blood tests done. No drugs or alcohol. She was not booked into jail. She was released. Now they are charging her with a gross misdemeanor. Can they charge her with this without any evidence of her being under the influence other than high blood pressure and pulse?


A: Jacqueline’s Answer: In my experience, there is usually more to the story than what is initially presented. Not saying that you are withholding information, just that maybe you were not given all of the information. There are some egregious cases where a person is arrested and charged when there is no probable cause, but it is rare. Chances are that somewhere in the facts, there is probable cause to proceed. That said, probable cause does not mean that there will be enough evidence to convict her. There is not nearly enough evidence for a conviction in your question, but an attorney can help your mother determine what evidence the prosecutor actually has.





Q: I pled guilty to DUI. I have SR 22, an IID on my personal car, and paid the application fee.: Can I drive a rental car for work? Do I need to put an IID on it?


A: Jacqueline’s Answer: Unfortunately, you will not be able to drive a rental car that is not equipped with an IID. The exception that applies to employer vehicles only applies to vehicles that are owned by your employer for the purpose of the employment. This does not mean that you cannot travel for work, it just means that you will have to travel in your own vehicle that is equipped with the IID, or you will have to use town car/taxi services when you travel for work.




Q: Can I hide a bottle of alcohol under my seat to get out of a DUI?: My friend told me to do this if I ever get pulled over for DUI. Hide a bottle of alcohol under my seat. When I pull to the side of the road, throw my keys out the window, open the bottle in front of the officer and start drinking. My friend said if I do this, the police cannot prove I was drinking before I was driving and since I don't have the keys they can't arrest me for a DUI. Is that true?


A: Jacqueline’s Answer: I see where you friend is going with this, as drinking AFTER driving is a defense to a DUI charge. However, this is some of the worst advice I have ever heard. First, your questions presumes that you are already under the influence while you are driving (thus the need to create such a bizarre defense strategy). That is the first stupid mistake in this scenario, as no one should be driving when they know they are trashed. (Most DUIs I defend are for people who truly believed they were NOT over the legal limit when they were driving). The second stupid decision in this scenario is to actively interfere with the officer's investigation by consuming more alcohol in front of him/her. This could result in an additional charge of obstructing a law enforcement officer's investigation (you don't have to participate in the investigation, but you CANNOT obstruct it). What else is a bad idea here? Intentionally escalating an encounter with law enforcement, and taunting the legal system by trying to show that you are smarter than all the people who enact and enforce the laws. People like this do not fare well in our legal system. Don't go looking for trouble by driving when you know you are over the legal limit, and if you find yourself in trouble, don't go looking for more.




Q:  I need a DUI attourney near Edmonds, WA good afternoon, I live in Chicago IL, my husband has a pending DUI case since the year 2000, he was accused of DUI on the city of Edmonds, WA. He attended the first court date, however he failed to assist the final court date to hear the judge's verdict and to comply w/ the classes. he now resides in Chicago IL, want to know what are the possibilities of reopening the case to get it resolved. also want to know what are the possibilities of working on the case, while staying on Chicago, and only travel to WA to assist the final court date.


A: Jacqueline's Answer:   You need to have a Washington attorney on the case to assist you. That attorney may be able to handle most of the case without your husband's presence, but your husband will definitely have to appear in person at the hearing that resolves the case. Your attorney will also work closely with probation and whatever treatment agency your husband is going to go through in Illinois, as the treatment will have to be acceptable to Washington courts. Your attorney will also assist your husband in finding the equivalent of a Victims Impact Panel that he can attend in Illinois. It is important that the drug/alcohol eval, treatment, and Victims Impact Panel are acceptable to Washington courts.



Q: What is a “Book and Release?”


A:  Jacqueline's Answer: When you are arrested for a DUI, the arresting officer often has discretion over whether or not he/she will take you into custody (i.e. take you to jail). If the officer takes you into custody, then you are “booked” into jail. You are photographed and fingerprinted and an official record is made of the booking that is accessible to other agencies.

If the officer releases you instead of taking you to jail, then you have not yet been “booked.” If you have not been booked and your case is resolved with a conviction that does NOT include jail time, such as a conviction for an amended charge, then you will be ordered to do a “book and release.”

You are finger printed and photographed and an official record is made of the booking. Then you are released. You don’t change your clothes or go into the main population of the jail.

A book and release can happen in a number of ways. You could be ordered to report to the front desk of the jail on your own by a certain date, or you could be escorted by an officer straight from the court room. There are also new developments coming whereby the “booking” will be able to take place right there in the court room.

For most people, the idea of being “booked” is a terrifying thought. A book and release is nothing to be afraid of. Your energy is better spent abiding by the terms of your probation so that you don’t ever actually see the inside of the jail.




Q:   I got a dui and hit a car.. When I went to the arraignment no charges of vehicular assault were mentioned. i am confused. I have already had my arraignment and there was no mention of charges? How will I know if they are going to charge me?


A:  Jacqueline's Answer:   It could be that you are not going to be charged with vehicular assault, but it is too soon to tell. If the prosecutor thinks the elements of vehicular assault can be met, then he/she may add that charge at any time prior to trial.


DUI DOs and DON'Ts


DO pull over at the first safe opportunity

If you do not pull over as soon as possible, the officer may determine that you did not notice his lights - this may make it into the report as evidence that you were intoxicated.


DO provide your license, registration, and proof of insurance

Keep these items handy and know where they are at all times. If these items are at the bottom of your console and you have to dig for them, the officer may interpret this as "fumbling for your documents."


DON'T answer questions

When an officer asks you where you are going, where you are coming from, or how much you have had to drink, s/he is NOT asking for YOUR benefit.


DO step out of the vehicle if asked

There is a fine line between being cooperative and building a case against yourself. If you are asked to step out of your car, DO IT (and turn the ignition off).


DON'T perform voluntary field sobriety tests

If you are asked to perform any field sobriety tests, politely decline to do them. This will NOT negatively affect your case if you are arrested, but if you perform these tests they WILL be used against you. Summary: NOTHING GOOD comes from performing field sobriety tests.


DON'T blow into a PORTABLE breath test (PBT)

This is where attorneys and non-attorneys part ways on legal advice. Your friends will tell you that HAVE to perform this test or you will lose your license. They are WRONG. This is NOT the breath sample you agreed to provide when you obtained your drivers license. (That will come later). This PBT is offered BEFORE arrest, and is used to form probable cause to arrest you. These PBT results are not admissible in court and it will not negatively affect your case if you refuse to perform this test. Just like other field sobriety tests, NOTHING GOOD will come from performing this test.


DO cooperate with the officer if you are placed under arrest

By cooperate, I do not mean confess all your sins in the hopes that the officer will reward you for your honesty. You will NOT be rewarded for your honesty. Trust me. You will not be rewarded for dishonesty either. Silence, on the other hand, is your best friend. By cooperate, I mean be quiet and put your hands behind your back and go peacefully into the car. The silence in the car on the way to the precinct may be uncomfortable, but you must resist the urge to fill that silence.


DON'T answer any questions

The officer will likely interview you once you are at the precinct. Politely decline to answer any questions.


DO contact an attorney before providing a breath sample at the precinct

Now we will talk about the breath sample that is admissible in court. This sample is collected at the precinct (not roadside) and if you refuse to provide this sample, you will likely lose your driving privileges for up to two years. Do not make any decisions about this breath sample until you have consulted with an attorney. The officer will call an attorney for you if you request one. If you do not have an attorney to call, the officer will put you in touch with the on-call public defender. Ask the officer for privacy while you have this conversation with the attorney.


DO avoid alcohol while your case is pending

In some cases, you may be ordered not to use or possess alcohol while your case is pending. Even if you are not ordered to abstain from alcohol, it is a good idea to do it anyway. Any alcohol-related charge or incident that occurs while your case is pending is only going to harm your case.