Seattle Traffic Lawyer | Your Rights

As a Seattle traffic lawyer, I am constantly looking for ways to learn more about the breath test machines that plague my Seattle speeding ticket clients. And believe me when I say there is a lot to learn, if for no other reason than there are so many unknowns out there. We aren't necessarily given unrestricted access to experiment with these things, and some of the important stuff we need, like the source code for the machine (think the brains) is off limits, at least for now.

But, for someone less affected by the breath test machine, it might be nice to know what happens if you are asked to take the DataMaster breath test. The procedures, time lines, what the Seattle cops will say and do (and not do) and what you should do during the test.

And before I begin the post here at the Seattle Traffic Lawyer Blog I want to point one thing out - a universal truth if you will. If you are asked to take a breath test down at the station (always refuse field sobriety tests and portable breath tests - always) always always always demand that you speak with a Seattle traffic lawyer, even if it is a public defender. They are going to be able to assess your situation much more accurately than you and give you good advice on how to proceed.

Now, back to the test overview. The DataMaster is an interesting machine because it is always running. There is no warm up time, no on switch like a computer, or anything. It is just waiting to send someone to jail needlessly (okay, I threw that in there on my own). The only thing holding you back from taking the test when you walk in the door is the 15 minute observation period the police must do on you before they give you the test (and, if you can, make sure the Seattle police are actually watching you - or aren't - this is something that can get the test thrown out, which means you beat your Seattle speeding ticket). The observation period starts with the officer entering the time the period started into the machine.

After this, the officer will enter some of your background information into the machine (none of which affects the results like body weight, core body temperature, or breath temperature, but we'll worry about that later) so it can enter your information into the database. At this point the officer's role is pretty much over, except to give you the notices required and to make sure you actually blow into the machine.

Now the machine is ready to rock and roll. The first thing it does is clear the air chamber of air and replace it with outside air. It checks this air to make sure there is no alcohol in it, and does this a few times throughout the process. I'm not sure if there has ever been a test that has not been .00, which I'm not sure if I find curious or not (is alcohol ever in the air around us?).

After this the test is ready for you. It will check to make sure it is working properly internally (some infrared stuff), and ask the Seattle police officer if you have agreed to take the test or refused. If you agree, you have two minutes to give an acceptable breath sample for testing. If you don't give an acceptable sample within two minutes, the machine will ask if you refused (I would not suggest trying to fake the machine out - if you are going to refuse just do it outright - it looks better to the jury and is easier for your Seattle traffic lawyer to explain).

Once your air sample is accepted it is analyzed and a piece of paper is spit out that shows your breath alcohol content. If it is above .08, get on the phone, because you will need a Seattle traffic attorney immediately. Actually, even if it is below, you better get on the phone, because you still aren't off the hook for Seattle DUI.

After this, the machine reads what is called an "external standard" to make sure it is reading breath alcohol correctly. A solution of alcohol air is put into the machine that is at a known quantity (.10). The machine must return a reading of between .09 and .11 for the test to be valid (can you see the ways racking up that a breath test might be thrown out if you have a thorough Seattle traffic attorney).

Once this is done, you must do the whole thing again, and your two samples must be within 10% of each other to be a valid sample. Interestingly enough, the State patrol reports that roughly 11-20% of the tests are outside the sample parameter requirements (this means roughly 1 in 5 tests is invalid - I guess a breathalyzer is kind of like a Seattle DUI attorney - you get what you pay for!).

After the second sample, the machine will take a final room air sample to make sure it comes back at .00. After that the information is downloaded into a main computer that stores all of this information.

So, now you know.

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Seattle Traffic Lawyer | How to Beat a DUI

One of the things that makes me want to slam my head against the wall as a Seattle traffic lawyer are the actions some of my clients take when they are pulled over by Seattle cops. Some of the things they do are just incredible to me, although to the average person they may seem normal.

For example: talking to the Seattle police about what you've been drinking or where you've been all night; agreeing to take field sobriety tests; agreeing to take a portable breath test; and taking the breathalyzer test before discussing your options with a traffic attorney. Each of these things are classic mistakes that cops feed on when investigating a Seattle DUI to make sure they have you dead to rights when you do actually get a Seattle lawyer to help you with your case.

And the funny thing is that a lot people it seems almost feel bad about learning about their rights, particularly when it comes to learning your rights when it pertains to beating a Seattle traffic ticket. I think that happens because people don't want to feel like they are engaging in criminal activity, and that it will never happen to them. That is the thing about Seattle speeding tickets - they can happen to anyone at anytime, and you need to be prepared to fight for your rights, because the cops aren't there to help you.

I'm putting together a PowerPoint presentation and am thinking about entitling it "how to beat a DUI," but I don't want to scare people off who need to know this information but are hesitant because of the title. Got any suggestions? I'm more than willing to listen.

Bottom line, if you are cited with a Seattle speeding ticket you need to have a Seattle traffic lawyer on call that you can talk to. Don't wait until it happens, have someone that you trust that will help you when you need it.

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Seattle Traffic Lawyer | Don't Take Field Sobriety Tests

If you are like me (not a Seattle traffic lawyer, but a normal person), you've heard a lot of information about Seattle speeding tickets. Some from friends as anecdotes (I heard this time), some from television specials and reports, and some from the Internet. Well, we're here today at the Seattle Traffic Lawyer Blog to dispel a rumor, or confirm a rumor, depending on what you believe, regarding field sobriety tests.

Before I get into it, though, let me give you a little historical background for your information. We all know about the Constitution. We all know that the Constitution gives us certain rights. We all know that when we are arrested we are told that we have certain rights. Those rights are, the right to remain silent (also known as, Constitutionally, the right to be free from incriminating yourself in a crime), the right to an attorney, and that if you cannot afford a criminal attorney a criminal attorney will be appointed to you. For today, we are focusing on that first one, the right to remain silent.

You may not know this (some judges don't even get this concept) but your Constitutional rights are alive and well before you are arrested and the rights are told to you. What I mean is, you have a right to remain silent from incriminating yourself the very moment you are reading this post. Your rights don't begin once you are arrested. They are always alive, and you can always exercise them, at your discretion.

Now back to field sobriety tests. When you take field sobriety tests, what you are doing is providing the officer information that he is planning to use against you at a later time. In essence, your bodily movements are "speaking" to the officer by providing him information on you sobriety. Because the actual language of the Constitution reads that one is free from incriminating themselves, this includes providing information from bodily movement. So, essentially, if you consent to field sobriety tests for a Seattle DUI lawyer, you are waiving your right to be free from incriminating yourself. This is a right you do not want to give up.

So, if you are arrested for Seattle DUI, you are guaranteed to have a better chance at resolving it in your favor if you don't talk to police and don't do field sobriety tests. Assuming you hire a good Seattle traffic lawyer, your chances of a good resolution to your case are very good. If you are charged with a DUI or need a Seattle traffic lawyer give us a call today.

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