Almost every DUI report that we have ever read includes a notation that our client had bloodshot-watery eyes, slurred speech of some kind, and that they failed one or more field sobriety tests.  There are many other variations and “indications of impairment” that frequently occur, but these are by far the most common.  

These or similar words seem to appear in about 90% of every Washington DUI report that we read.  Frankly, it seems statistically impossible that so many WA State DUI arrestees could all exhibit these very same characteristics, and we doubt that they actually do.  In their training, however, these clues must be repeatedly emphasized as signs of intoxication.

Of course, who doesn’t have at least somewhat bloodshot and watery at 2:30 a.m. in the morning?  I mean, few people are looking fresh as a daisy in the middle of the night.  I know I don’t. 

As for the odor of alcohol, many of our clients report to us that they have not had a drink in over two hours.  Many also report that they brushed their teeth and were chewing mint gum at the time of their stop.  As for the failed field sobriety tests, the issue of these “roadside gymnastics” is a topic for another complete post in and of itself.

The truth is, if a Washington State or Seattle DUI isn’t obvious (driving the wrong direction down a one way road, driving when literally falling down drunk, etc.), one should often have a very good chance of successfully fighting the charge so long as they retain an experienced WA drunk driving attorney.

There are many ways to collaterally attack a DUI charge.  For example, former hockey star Chris Chelios was pulled over last December for a suspected DUI.  He obviously retained an experienced and knowledgeable drunk driving lawyer.

After being charged, a judge later ruled that the police lacked probable cause based on video captured from a dashboard camera.  Following his arrest, Chelios refused to take a breath test, and then he got a good DUI attorney.  A good DUI lawyer can make all the difference in how your Washington drunk driving case is ultimately resolved.

A good friend of mine is a lifelong Later Day Saint (Mormon).  He’s part of a religion known for abstaining from alcohol.  When he took my sister out for a date back in high school he was pulled over by a county sheriff.  One of the first questions the sheriff asked was “how many drinks have you had tonight?” 

If you are pulled over on a Thursday, Friday, or Saturday night and it’s after 10:00 p.m., there’s a good chance that this will be the officer’s first question after requesting your license and registration.  And, you should be prepared for it.  If you find yourself in the unfortunate situation of having been pulled over after drinking, however, you should request to speak with a Washington DUI attorney as soon as it is evident that the officer is not merely going to give you a traffic ticket.