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November 2, 2012 at 1:00pm

SOUTH SOUND SIDEKICK: The Counselor has DUI advice

THE COUNSELOR: Jim Foley wants you to mind your manners.

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Dear Counselor,

I have friends that have gotten DUIs, and they all seem to have different advice on what to do if you get pulled over and have been drinking. I've got to know, if I get pulled over while drinking, what should I do?

ANSWER: "If I blow there will be trouble, if I don't there will be double."  Remember that.

If pulled over for D.U.I always blow.  When you blow you are complying with the implied consent law and you are giving your attorney tools to work with.

Under the law in Washington state, licensed drivers are required to give a BAC - Blood Alcohol Content - sample to law enforcement officers.  The officer must have 1) have a valid reason to pull you over; 2) reasonable grounds to believe you are under the influence of drugs or alcohol; 3) then they must arrest you; And most important ... 4) give you a BAC test in accordance with the Washington Administrative Code.

All these things must be done in strict accordance with the law and an attorney trained in such matters will have numerous options to help defend you. BUT ONLY IF YOU BLOW. 

Not blowing is giving up your driver's license for two years automatically. Yes you can get occupational licenses and interlock ignition licenses. But your license will almost 100 percent of the time be revoked for two years.

What is worse about not blowing is that your refusal can, and will most certainly, be used against you in a jury trial.  Not blowing will allow a prosecutor to argue your refusal means you were drunk. 

Finally, a refusal to blow results in an automatic penalty enhancement that doubles everything: jail time, license suspension time and the monetary fine.

If I blow there will be trouble ... If I don't there will be double.

So, what to do if you get pulled over? Be polite. This is the single most important thing you can do. Be polite. The officer in the field has enormous discretion in choosing what they do. Even after your arrest, the prosecuting attorney often talks with the arresting officer to see how you acted. If you're an asshole then you are going to feel the pain big time.  If you are really polite it will go a long way in helping your case.

Also, DO NOT TAKE ANY TEST IN THE FIELD. So called Field Sobriety Tests and the Portable Breath Test BT are evidentiary in nature and you have no obligation to take them. POLITELY REFUSE TO DO ANY TEST IN THE FIELD.  No walk and turn, no stand on one leg, no ABCs - none.  You have a constitutional right not to do them and they will be used against you in court.

Lets summarize: be POLITE and ALWAYS BLOW.

Submit your questions to "The Counselor" Jim Foley at thecounselor360@hotmail.com. Foley will do his best to answer any legal question you have.  Even though he has tried more than 300 jury trials to a verdict, he does not rely on his 22 years of law practice alone. Every question submitted will be reviewed by five or six of the brightest, wisest and most clever lawyers in Thurston County. After a consensus is reached, an opinion will be rendered. Foley is also a world traveler and enjoys building boats, weight lifting and memorizing poetry. He's known for making some of the world's best cookies, bread and pickles. He also enjoys a nice scotch.

Filed under: South Sound Sidekick,

Comments for "SOUTH SOUND SIDEKICK: The Counselor has DUI advice" (9)

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Natasha said on Nov. 03, 2012 at 6:06am

My God he is Handsome!

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anne buck said on Nov. 03, 2012 at 9:06am

If he is as good a lawyer as he is a cook he is the perfect man. His pickles, and cookies are scrumptious. Yum! I worry tho' when he wears sandals in the cold rain..

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Jeff Steinborn said on Nov. 03, 2012 at 9:42am

He looks great, and it's great advice. But what a silly necktie.
J

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Jay Goldstein said on Nov. 03, 2012 at 10:08am

Good advice from experienced counselor.

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Peggy said on Nov. 03, 2012 at 5:20pm

Not only is he a good counselor, he is very entertaining. He single-handedly entertained my out of town relatives at a wine tasting this summer.

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g. miller said on Nov. 05, 2012 at 8:36am

It's so nice to see someone with a personal style who is also well dressed.

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Scott Larsen said on Nov. 09, 2012 at 10:44pm

I am confused when the article says to blow and then says don't take the portable breath test. Is it that the breath test should only be taken at equipment in a police station?

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k seiler said on Nov. 14, 2012 at 7:49pm

So a bit of confusion. If stopped and they want you to blow, you should say no, that you would only take a test at the police station? I totally agree with the rest, seems like great advice. But just confused about don't refuse to blow, but don't allow any field tests. K

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Jim Foley said on Nov. 15, 2012 at 3:57pm

That's right folks it can be a bit technical. Remember...ALWAYS BLOW AT THE POLICE STATION.

Sometimes but not always a policeman will ask you to take a PBT (portable breath test)
out in the field (ie where you got pulled over). POLITELY DECLINE THIS TEST.

You are not required to take any tests at all in the field.

The PBT is not admissible in courts and is only used to justify your arrest. Do not take it.
The BAC Test is given at the police station or jail, NOT in the field. So always blow at the station but never in the field.

I know this may be confusing, but like I said, no tests in the field.

The Counselor

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