I Refused The DUI Breathalyzer, What Happens Now?

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Washington is a beautiful state to live in, especially in the town of Vancouver and Travis County. However, if you aren’t familiar with the local DUI laws, you can wind up in a lot of trouble. Here you will learn what can happen if you refuse to take a breathalyzer test.

The Scenario: Refusing A Breathalyzer Road Test

Imagine driving home after having a few drinks with your friends after work, you’re almost to your road when red and blue lights flash in the background and hear the dreaded wail of the siren.

You do the right thing and pull over. The officer asks if you’ve been drinking and you reply that you haven’t, but he doesn’t believe you. Next, the officer asks you to take a DUI breath test, you refuse. Now what?

Consequences of Refusing a Breathalyzer Test in Washington State

Due to some hardline Washington legislation known as, implied consent, your bout of rebellion could get you in trouble. Implied consent assumes that every licensed driver in the state of Washington has an obligation to take a breathalyzer test when asked by an officer.

The only caveat here is that for implied consent to apply, you must have been lawfully arrested for a DUI. If the officer violated any protocol that could make it an unlawful arrest, you’ll have more opportunity for recourse.

You can face the following consequences when refusing to take a DUI breath test:

  • Criminal Charges
  • License Restrictions and Suspension
  • Your Refusal Will Be Used Against You in Court

Criminal charges and steeper penalties can be imposed if you are convicted of a DUI after refusing to take the test. The arresting officer typically informs the Department of Licensing in regards to your refusal. Your license will subsequently be suspended for a period between 2-4 years depending on the presence of prior DUI convictions.

Your Options When Your Refuse the Breathalyzer in Washington State

If you’ve already refused to take a breathalyzer test, you should consult with a DUI defense attorney at your earliest convenience. Preparing your DUI criminal defense should be a top priority, especially if you have any previous DUI convictions.

In addition to unlawful arrest, another factor that could help lighten the penalties is if the officer did not tell you about the consequences of refusing the breathalyzer test. If that’s the case, then a competent DUI defense attorney can use the officer’s negligence to your advantage in court. Little details like that can make a big difference, which is why you should tell your attorney everything. No detail is too small when preparing a DUI criminal defense.

You should know that the DUI laws in the state of Washington are completely different from those of other states like Massachusetts. For example, in Massachusetts, if you refuse to take the breathalyzer test it will not be counted as an admission of guilt and your refusal can’t be used as evidence in court.

It pays to know the law, but as a citizen, you can’t be expected to know every detail, that’s why it’s imperative that you get yourself some knowledgeable representation. Remember, having a capable DUI defense attorney is key to protecting yourself and ensuring that your rights are respected.

Do you or a loved one need guidance navigating the complex DUI and criminal justice system in Vancouver WA? Give our DUI defense attorney Roger Priest a call today to discuss your unique legal situation, the help you need is just a phone call away.

References

“Is Refusing A Breathalyzer An Admission Of Guilt? | Attorney At Law Magazine.” Attorney at Law Magazine. N.p., 2019. Web. 12 Dec. 2019.

“Washington’S Implied Consent Laws And Refusing A DUI Alcohol Test.” dui.drivinglaws.org. N.p., 2019. Web. 12 Dec. 2019.

 

 

 

 

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My Parents Died, What Do I Do Now?

Losing a parent comes with a mix of emotions ranging from sadness, nostalgia and perhaps confusion about what the next steps should be in settling their estate. If both of your parents have now died, their child is likely their next of kin and therefore inherits their estate.

First, request multiple copies of your parent’s death certificate from the funeral home, this will help you settle their estate. What you need to do next depends on if your parents have a will. Your first step is to find the will. Ideally, your parents discussed their estate planning with you before passing away. If that’s not the case, start by attempting to contact your parent’s attorney or estate lawyer. If that proves fruitless, search your parents’ office, home safe, a safety deposit box. 

If you’re still struggling to find the will, go to probate court to search real estate transfer-on-death certificates and see if they designated there who should inherit their property. [1]

What To Do If Your Parents Have A Will In Washington State

If your parents created a will this makes your job as executor easier. As their will clearly expresses your parents’ wishes of what should be done with their property and assets, now you need to execute those wishes. [2] While you can do a lot of the work yourself, you’ll likely still need the help of an estate lawyer to streamline the process. [3]

Now that you’ve found the will, your first role as executor will be to determine if the settling of the estate needs to go through probate, which is the official court process of settling an estate. [4] Usually, “small” estates or estates that have clear transfers of property through trusts, beneficiary designations will not have to go through probate. 

As executor, you’ll need to settle your parents’ estate obligations and pay any debts and bills. Next, your role is to distribute your parents’ property, which can be done when probate is over. [5] However, if there is not enough money to pay the debts, the executor must sell the property to

settle those debts. Once the bills are paid, the property and assets are distributed and probate is over, the executor has completed his or her job. 

What To Do If Your Parents Do Not Have A Will In Washington State

Each state has a set of laws that determines who inherits property if the deceased person did not have a plan in place prior to dying. [6] Without a living spouse, biological children and legally adopted children are the likely beneficiaries. It’s important to note that stepchildren are not seen as children under the eyes of the law unless they too have been legally adopted. [7]

Without a will, the court will use intestate succession to distribute property. [8] In both Texas and Washington State law, when the deceased person’s spouse is also deceased, the children inherit everything.[9] [10] 

Settling Your Parents’ Estate In Washington State

Keep in mind that settling an estate can take a couple of months to even a couple of years depending on its complexity. Enlisting the help of an estate lawyer, who can help shepherd you through the process can help speed it up and ensure it’s completed correctly.

If you or a loved one recently lost your parents and need some guidance navigating settling an estate, probate or will in Washington State, call our wills and estate attorney Roger Priest. He can help guide you through your unique legal situation.

Sources:

  1. Nolo. “Transfer-on-death deeds for Real Estate.” https://www.nolo.com/legal-encyclopedia/transfer-death-deeds-real-estate
  2.  Simmons Hannibal, Betsy. Lawyers.com. “Will & Probate FAQ” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/wills-and-probate-faq.html
  3.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  4.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  5.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  6.  Simmons Hannibal, Betsy. Lawyers.com. “What Happens If You Don’t Have A Will?” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/what-happens-when-you-dont-have-a-will.html
  7.  Simmons, Hannibal, Betsy. Lawyers.com. “Beneficiaries in a Will.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/beneficiaries-in-a-will.html
  8.  Nolo. “Intestate Succession” https://www.nolo.com/legal-encyclopedia/intestate-succession
  9.  Nolo. “Intestate Succession in Texas.” https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html
  10.  Nolo. “Intestate Succession in Washington.”https://www.nolo.com/legal-encyclopedia/intestate-succession-washington.html
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Protection from Domestic Violence: The Attorney’s Role

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Domestic Violence in vancouver waVictims of domestic violence have been subjected to harrowing events over extended periods of time. The most important way to help break the cycle of violence is by building multi-layer support structures to allow those effected to begin a new, better phase in their lives. Hiring an experienced attorney is an important part of your support team.

Domestic Violence and the Law

Although domestic violence is almost universally covered in state and federal law, it is extremely complex and working within the system almost without exceptions, brings out the worst in the people involved. There are many issues regarding the proper timing and maintenance of court orders so that you and your loved ones are protected to the fullest extent possible. Having experienced professionals helping you keep track of your legal obligations can help you better utilize your other support resources throughout your journey.

Role Your Attorney Plays in Protecting You from Domestic Violence

Although it is possible for you to get an emergency court order to protect you from the your current situation, there are several legal instruments and procedures that an attorney can assist greatly with that you probably can’t do yourself. Even if it is possible to do some things yourself, it is important for you to realize that you almost certainly won’t be able to do everything you need to without help. Part of getting better is knowing when you need help and having the courage to ask for it. Things your attorney can do include:

  1. File a protection or no-contact order
  2. Get a divorce
  3. File a lawsuit against the violent party
  4. Help with custody proceedings
  5. The Importance of Emotional and Health Support

Domestic violence leaves both physical and emotional pain that will eventually need to be addressed to build your new life. Working with qualified health professionals such as licensed therapists who offer both group and individual therapy sessions is absolutely critical for dealing with the mental and emotional fallout from the trauma you have suffered. And, unfortunately, working with health professionals to repair the physical injuries is often necessary. Without adequate support here, legal support, no matter how comprehensive, likely won’t be enough to maximize the chances of success.

By getting support from health and legal professionals along with the force of our legal system, victims can get past the nightmares of the past and look forward to a bright new future. Give us a call today if you or someone you know is a victim of domestic violence and needs the protection of the courts.

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What happens in a DUI arraignment?

If you are stopped and arrested for driving under the influence (DUI), a series of processes are set in motion. Although these processes may vary by state, the basic sequence is:

  1. Booking
  2. Arraignment
  3. Court Date
  4. Sentencing (if convicted)

What is Arraignment?

At your arraignment you will have your charges read to you and you will be asked if you need representation. As you may have in heard in any of the multitude of TV crime shows, if you can’t afford an attorney, the court may assign one to you. Lastly, you will be asked to how you plead to your charges. Because most people plead guilty at this phase, either because they lack adequate knowledge or the evidence against them appears overwhelming, this is as far as most DUI arraignments go. Sentencing is passed and the person must now deal with the consequences

Advantages of an Experienced DUI Attorney

Besides taking the time to become familiar with the proper way to behave should you be stopped on suspicion of DUI, there are advantages to securing competent council as soon as possible after the stop as possible. Being stopped can be a chaotic event for someone unfamiliar with with the process and it is possible that you might miss an important point that could help you defend yourself in court. Having a legal professional on your side can give you the information you need to dismiss charges once you arrive in court. In addition, experienced council can greatly assist in guiding through your arraignment. Legal proceedings can seem to happen very quickly for the uninitiated and competent council can help reduce the stress on you at that time.

If You Decide to Plead Not Guilty

If you decide to plead not guilty at your arraignment (which is expected), you will have a court date set for your trial. Although you will have the opportunity to represent yourself during the trial, this is usually have bad ideal. Without familiarity with court procedures, it is likely that you will make a mistake that could end up costing you in multiple ways. Your best chance during a trial is to have experienced council at your side. In-depth knowledge of the nuances that state legal systems have can make the difference between having a case dismissed, onerous sentences or, in some cases, acquittal. If you have been arrested for DUI, contact and hire an experienced attorney immediately.

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What Should I Tell My Family or Boss About My Arrest?

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Being arrested for Driving Under the Influence (DUI) in Vancouver WA is a serious charge that can have severe repercussions in your life.

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Arrested for DUI? Here are the 3 Most Common Defenses

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Being arrested for Driving Under the Influence (DUI) in Vancouver WA is a serious charge that can have severe repercussions in your life.

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Can I Get a DUI on My Bicycle in Washington?

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You can get a DUI on a bicycle as Washington prohibits driving any vehicle under the influence.

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Will a Washington DUI Suspend My License?

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A Washington DUI can lead to a license suspension in various ways.  They law is complicated, so it is easy to feel lost when understanding the possible consequences.

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How Heartburn, Acid Reflux and GERD Can Affect a DUI Case

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Do you suffer from heartburn, acid reflux, or GERD (Gastroesophageal reflux disease)? Then you suffer from a health condition that can make you more susceptible to being falsely accused of a DUI.

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Things to Remember in a Washington DUI Investigation

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What are my rights? What are my obligations if I’m pulled over by the police for a DUI? Basically, What do I have to do and what don’t I have to do?  It’s just a good question because it can be scary to deal with the police but the first right that you should always consider is your right to be quiet.

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