Did You Know?

•If you are under the age of 21, the legal limit for alcohol to operate a motor vehicle is actually .02?
•If you are under 21 and convicted of Possession of Marijuana you can lose your Financial Aid for a year?
•If you are under 18 a conviction for Minor in Possession will suspend your Driver’s License?
•You can be charged with a DUI for driving after taking many types of prescription medications as prescribed by your doctor? 
•You can be charged with a DUI even if you blow under the legal limit of .08?

If You are Suspected of a DUI

• Be Polite with the Officer.
• Provide your Driver’s License, Registration and Proof of Insurance. Know where these items are kept in your vehicle.
• Do Not lie, but do not admit to consuming alcohol. It can be a crime to lie to a police officer.  Politely decline to answer.
• Do Not perform the Voluntary Field Sobriety Tests.  Even sober people have difficulty performing them correctly.  
• Do Not take the “eye test.”  This test is called the Horizontal Gaze Nystagmus test.  It is not a test to see if you are able to follow a pen with your eyes.  It is a test looking for an involuntary muscle movement in your eyes that occurs when you have consumed alcohol.
• Do Not take the Portable Breath Test. This test is less reliable than the test they will give you at the station and it is not admissible in court.
DO take the actual breath test at the police station.  Refusing the test will give you an enhanced license suspension and will not impress the prosecutor or the jury.
• Do Not answer any questions at the police station.  Officers have a standard “DUI Interview” they give people at the station.  Politely decline.
DO request to speak to an attorney. There are attorneys who are on call 24 hours a day to provide legal advice. Police must take reasonable steps to put you in contact with an attorney. Additionally, these attorneys can give a second opinion as to your level of intoxication.

If You are investigated for a Minor in Possession

• Do Not confess to drinking.  
• Do Not admit to ownership of any alcohol containers at the scene.
• Do Not consent to a Portable Breath Test.
DO provide your name and address to the officer if asked.
• Do Not answer any other questions. Politely decline to answer (“My lawyer advised me not to answer any of your questions”).

If you are investigated for Possession of Marijuana (under 21)

•Do Not admit to possessing or smoking marijuana.
• Do Not consent to a search of your person, your vehicle, or your possessions.  Without your consent the officer will need to get a warrant to search.  Police officers must follow proper protocol on legally obtaining a warrant to search.
• DO NOT smoke marijuana while driving and DO NOT keep marijuana or paraphernalia in your vehicle!

- A conviction for Possession of Marijuana can adversely affect your ability to receive Financial Aid!

-Even if you are OVER 21 there are many places in the state that are Federal Land and fall under Federal Jurisdiction You can be charged with Possession of Marijuana in the State of Washington even if you are over 21 in certain locations (National Parks, Forests, Monuments and Wildlife Refuges to name a few).

Other Questions?
Call or email for a free consultation
(360) 647-5251
sean@lukofflegal.com

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