Defense Lawyer
Cowan Kirk Gaston
Doug Cowan
(452) 822-1220
Why Cowan Kirk Gaston?
At Cowan Kirk Gaston, we have a combined experience of over 75 years defending DUIs in the Seattle area. Our Seattle DUI lawyers are highly trained, not only in the science of breath and blood testing, but also in the field sobriety testing techniques used by the police. We also have extensive hands-on experience with the DataMaster, the breath-testing device used in the state of Washington; in fact, we have been called upon to lecture other lawyers, in Washington and around the country, on how to deal with that machine in court.
Many lawyers practice DUI defense, but it takes years of hard work, education, and real-world experience before a firm can consider itself truly prepared to take on any DUI case. Call 1-866-822-1230 and find out why Cowan Kirk Gaston has earned the respect of clients, colleagues, and adversaries alike.
We Argue Your Case from Start to Finish
There is much more than knowledge that goes into being a top-flight DUI defense lawyer. It is a simple thing to enter a plea of not guilty and set the matter for trial, but the lawyer who does so has surrendered the greatest opportunity to obtain the best possible resolution of the case. At Cowan Kirk Gaston, we understand that most DUI cases are not won at trial – they are won through pretrial litigation.
Pretrial litigation involves raising legal challenges to every aspect of the prosecutor’s case, from the time the blue lights go on until the client is released. As you might expect, it takes a law firm with uncommon dedication to defend a DUI case from beginning to end. The Seattle DUI attorneys at Cowan Kirk Gaston litigate every legal issue for which there is a tenable argument, and in the process they let the prosecutor know that they will fight until they obtain a beneficial resolution of the case. The prosecutors have learned through experience that Cowan Kirk Gaston will not plead their client guilty as charged.
We Wrote the Book on Defending DUIs in Washington
At Cowan Kirk Gaston, we take great pride in the many contributions that we have made to the practice of DUI defense law. Senior partner Doug Cowan literally wrote the book on Defending DUIs in Washington, and our other partners have also made significant contributions, including writing some of the book’s newer chapters.
All of our partners have been invited to lecture other lawyers throughout the country on various aspects of DUI defense, including:
The DataMaster breath-testing machine
Field sobriety tests
Jury selection
Opening Statements
Cross-examination of the arresting officer
Cross-examination of the state’s experts
Presentation of the defense case
Closing arguments
We own a DataMaster and have been trained to use it, and all our partners have been through the identical training course that the police take on the administration and assessment of field sobriety tests.
We Treat You as a Valued Client and Human Being
Many Seattle DUI defense attorneys forget that they are representing a person, not just a case. For most people, the mere fact of being charged and prosecuted is one of the scariest experiences of their life. Cowan Kirk Gaston has an extremely warm, considerate, friendly and professional staff who will be available to you at all times to answer your questions, keep you informed and assist you in any way possible to ease the stressful process you are experiencing.
All of our staff members have been with the firm for at least five years – remarkable stability for a law firm. Our two legal assistants are also veterans of the court system and are extremely knowledgeable of all of the procedures and hearings you will face. No matter who you talk to at Cowan Kirk Gaston, you will find professional, yet compassionate support.
If You Are Fighting a DUI Charge…We Are Here to Help
Experience, knowledge, commitment, passion and integrity: that is what Cowan Kirk Gaston is about. That is what we are known for, and it is why you should contact us for an initial consultation about your DUI case. We do not believe that you should have to spend money in order to find the lawyer that is right for you, so we provide your initial consultation without obligation.
If you are in need of an experienced Seattle DUI attorney, give us a call at 1-866-822-1230 – we are here to help
Doug Cowan
4040 Lake Washington Blvd, NE
Kirkland, WA 98033
1-866-822-1230
CALL TODAY
1-866-822-1230
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Washington
RCW 46.61.502
Driving under the influence. (Effective July 1, 2007.)
(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), or vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
[2006 c 73 § 1; 1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.]
Notes:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Effective date -- 2006 c 73: "This act takes effect July 1, 2007." [2006 c 73 § 19.]
Effective date -- 1998 c 213: See note following RCW 46.20.308.
Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose -- 1987 c 373: "The legislature finds the existing statutes that establish the criteria for determining when a person is guilty of driving a motor vehicle under the influence of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure their legality. The purpose of this act is to provide an additional method of defining the crime of driving while intoxicated. This act is not an acknowledgement that the existing breath alcohol standard is legally improper or invalid." [1987 c 373 § 1.]
Severability -- 1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 373 § 8.]
Severability -- 1979 ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 176 § 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040. |
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Crary Clark and Domanico
9417 E trent
Spokane, WA 99206 Law Offices of Heidi L Hunt, PLLC
1609 208th Street SE
1-800-DUI-AWAY
Bothell, WA 98012
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Driving while intoxicated known as DWI, DUI (driving under the influence) or OUI (operating under the influence) is a serious offense in Washington. Losing your license to operate a vehicle in WA is just one of the penalties. It is in your best interest to hire an experienced criminal defense attorney to handle your case. A lawyer who specializes in drunken driving cases will be able to defend your constitutional rights. The field sobriety tests, the breathalyzer or Alcotest blood alcohol content (BAC) readings may be flawed and could result in a not guilty verdict in court. Only an experienced DWI lawyer will know how these tests should be administered and whether they were performed according to the guidelines provided by the National Highway Traffic Safety Administration (NHTSA).
Standardized Field Sobriety Testing
The National Highway Traffic Safety Administration has created a set of Standardized Field Sobriety Test (SFST). These three tests have to be administered and evaluated in a standardized manner to obtain accurate indicators of impairment. Most police officers fail to administer these tests correctly. Your DWI attorney may be able to challenge the validity of the stop and arrest by reading the report submitted by the police officer or trooper or by the testimony provided in court.
The Standardized Field Sobriety Tests were developed from research sponsored by the National Highway Traffic Safety Administration (NHTSA). NHTSA then developed a training regimen for law enforcement officers to provide a consistent way of evaluating the results from DWI suspects. Although police officers use a variety of tests when they pull someone over for suspected driving under the influence of alcohol, the three that are NHTSA accepted are:
- Horizontal Gaze Nystagmus
- Walk and Turn
- One Leg Stand
Other tests, like counting backwards or saying the alphabet from one letter to another have not been proven to be reliable indicators of being intoxicated or under the influence. Keep in mind that even the reliable tests must be administered correctly for them to be valid indicators of DWI.
Horizontal Gaze Nystagmus (HGN) Testing
The horizontal gaze nystagmus test checks if you have involuntary twitching of the eyeball. This occurs naturally as the eyes gaze at a right angle towards the side. When someone is under the influence of alcohol, nystagmus (twitching of the eyeballs) occurs at lesser angles. During this test, the officer will have the subject follow a pen or light with his eyes. The officer must observe the subject eyes. The three indicators that the officer looks for in each eye are:
- If the subject is smoothly following of the moving object with his/her eyes
- If the eye begins to jerk distinctly at the maximum range (right angle)
- If the angle of jerking begins within 45 degrees of center
According to the National Highway Traffic Safety Administration has determined that if between both eyes, four or more indicators are present the subject is probably under the influence. This test is therefore allowed for the purpose of making a DWI/DUI arrest and requiring a breath test at the police station.
Walk & Turn and One Leg Stand Tests
The other two tests that the National Highway Traffic Safety Administration believes are accurate predictors of DWI are the so called, “divided attention” tests. These tests can supposedly be done by most sober people. Although many police officers will tell you that they hear people say, “I can’t do that when I’m sober.” (By the way, this is not the wisest thing to say if you are a DWI suspect.) According to NHTSA, suspects cannot usually follow instructions and perform physical tests when they are impaired.
Walk & Turn
In the Walk & Turn test, the police officer will ask the DWI suspect to take nine steps placing the heel to the toe in a straight line. Someone suspected of DWI should follow instructions carefully for this test. The seven indicators of failure in the walk and turn are:
- Failure to maintain balance while listening to instructions
- Starting before the instructions are completely stated
- Stopping while walking to regain balance
- Lack of heel to toe touching
- Using arms to regain or maintain balance
- Loss of balance while turning
- Taking an incorrect number of steps
NHTSA research indicates that the majority of DUI suspects who fail two or more of the above items are operating under the influence. You will be arrested and charged with DUI/DWI and required to provide a breath sample.
One Leg Stand
The one leg stand test requires the DWI suspect to stand with one foot approximately six inches off the ground and count aloud starting with one thousand and increasing by one (one thousand-one, one thousand-two, one thousand three, etc…) until told to lower the foot by the police officer. The officer is required to time the subject for 30 seconds. The four indicators of DWI impairment are:
- Swaying while balancing
- Using arms to balance
- Hopping to maintain balance
- Placing the foot down
NHTSA research indicates that the majority of DWI suspects who exhibit two or more of these indicators are under the influence.
Probable Cause
The field tests that are administered on the side of the road are used by police officers to establish probable cause for the arrest. Your DWI attorney may be able to challenge these tests as well as the reason you were stopped in the first place. In order for these tests to yield valid results they have to be administered in the proscribed manner and must be evaluated based on a total number of indicators. The more indicators are present, the more likely that the person is operating under the influence.
Because most people charged with DWI do not understand what these tests are looking for or how they should be administered, it is extremely important that a lawyer that specializes in DWI defense be used to examine all the evidence and provide a recommendation on how to proceed. Designed and Hosted by Alonso Consulting, Inc. |
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