DUI Probable Cause

DUI Police Report Errors

Challenging Incriminating Evidence

Even before you were asked to step out of your car or truck, the officer was already gathering probable cause evidence from you. Officers are trained, upon contact with the driver, to:

Listen for slurred or slow speech
Look for bloodshot, watery eyes
Watch if you “fumble” as you retrieve your license, registration and insurance card
Ask where you are coming from and where you are going
Smell any odors of intoxicants such as alcohol or marijuana coming from the vehicle
Listen for inconsistent or irrational responses to their questions
Seek admissions from the driver that they have consumed alcohol recently

Gathering Evidence Against You

The officer continued to gather evidence as you stepped from your vehicle; he or she watched for signs of poor balance, such as using the vehicle for support or using your arms to balance as you stand or walk.

Next, the officer likely had you perform voluntary field sobriety tests to gather further evidence against you. Admissions of drinking, consuming marijuana, or taking prescription or even over-the-counter drugs are strong evidence. Some drivers believe the officer will let them go if they “cooperate” by admitting to having “only a couple” drinks. This is not the case.

Your constitutional rights include the right to remain silent and to speak with an attorney before questioning. If you exercised these rights, you did the right thing. If the officer continued to question you after you invoked your rights, the court may suppress your statements, and a competent defense attorney may be able to negotiate a reduction of the charge.

Police Procedures on DUI Arrests

Driving Clues

Gathering of evidence against you began with the officer observing your vehicle for “clues” of impaired driving, such as:

Driving on or over lane markings (center or right)
Driving slower than the speed limit
Failing to signal lane changes or turns
Turning with a wide radius
Following too closely
Slow response to traffic signals

Pulling Over Safely

The officer then observed your actions in pulling over, looking for evidence of:

Failing to notice the signal immediately
Taking too long to pull over
Pulling over too soon (unsafely)
Parking your vehicle improperly
Having difficulty with controls (ignition, gears, windows)

Appearance

The officer also observed your appearance and behavior for:

Bloodshot or watery eyes
Odor of an alcoholic beverage on your breath or person
Nervousness and fumbling for your license or paperwork
Slurred speech
Inappropriate or unusual behavior (arguing, crying, pleading)

DUI Case Results

**Updated 08/03/2023**

DUI's Reduced

9 0 %

DUI's Dismissed

DUI's > Neg 1

DUI's > Reckless Driving

DOL Hearings Won

“Tough DUI Laws Require Tough DUI Lawyers”

Linda M. Callahan

plan of action

know your rights

Washington State has some of the toughest DUI laws in our nation. These laws carry increasingly severe penalties for those who drink and drive. Washington lowered the BAC limit from .10 to 0.08 in January of 1999. Drivers with a blood-alcohol concentration (BAC) at .08 or above can now be convicted of driving under the influence of alcohol. In addition, because public sentiment is so very negative toward drunk drivers, prosecutors will often pursue a DUI conviction even when the driver’s test result is well under .08! This is possible because they can obtain a conviction if they can show the person drove while “affected by” alcohol, and/or marijuana or any drug, including prescription or over-the-counter medications.

3 Reasons to Hire Us

Experience

Our Team of Attorneys and Paralegals have over 30 years of combined experience. We know the law and understand how to apply it to your case.

Focused on You

We create a custom defense for every client. Not all cases are the same and we know that. Your concerns and goals are our top priority.

Reputation

As a long time author and speaker Ms. Callahan is respected across the county for her trial skills and investigative knowledge. He reputation proceeds herself when appearing in court.

We Challenge The Following Evidence On Every Case.

01

Probable Cause

Before you were asked to step out of your vehicle, the officer has been gathering evidence to support the arrest.

02

Field Sobriety Tests

As Ms. Callahan likes to call them “Bad Science”, FST’s are virtually impossible to pass, especially if the officer is the one grading you.

Breath Test - BAC

Factory trained, Linda M. Callahan understands the science behind breath testing most attorneys don’t.

04

Blood Test

With extensive training at Axion Labs in Chicago, Linda M. Callahan has the relevant experience to challenge Blood test evidence.

We Author the DUI Manual Defense Attorneys rely on everyday for DUI Defense Strategies.

Learn more about defense strategies and evidence

We know DUI Law better than most firms. That’s why we are trusted by Thomson Reuters to Author the DUI Practice Manual for Washington every year since 2006. We literally write The Book on DUI.

DUI Defense Strategies

Learn how we build a custom defense for you.

DUI Evidence

Learn about breath tests, blood tests and more here.

Request DOL Hearing

You only have 7 days from the date of arrest or incident to request a hearing to fight your suspension.

Ignition Interlock

Learn how to drive legally during a DUI License Suspension.