Episode 1 800 Beat DUI Podcast

NFC Wild Card Weekend And DUI

Dan Gerl:
Hey, everyone. My name is Dan Gerl. I’m the managing partner here at Puget Law Group.

Jared Ausserer:
I’m Jared Ausserer, one of the partners.

Dan Gerl:
And as you can see, we’re both pretty excited about the big game that’s going to happen tomorrow.

Jared Ausserer:
Right? Go Hawks.

Dan Gerl:
I’ll be the first to admit, look, I’m a Rams fan. I’ve been a Rams fan my whole life. I mean, there is no such thing as a bandwagon Rams fan, so let’s get that out right now. Nobody would go out of their way to all of a sudden become a Rams fan. One thing I think we can all agree on is that when the Rams and the Hawks play, anything can happen. It’s going to be tough game, right?

Jared Ausserer:
Yeah. Always is with the Rams, even though they suck.

Dan Gerl:
Well, that’s fine. Now, one thing that everybody’s noticed about this year, unfortunately, regardless of if you’re a Hawks fan or a Rams fan, none of us have had the pleasure of actually going to the game and watching in the stands. And there’s just no replacement for that. At the same time, you might be thinking, “Well, there’s no fans in the stands. There’s no bars.” You can’t go to the bar tomorrow and it’s a day game. So in all likelihood, there aren’t going to be very many cops out on the streets.

Jared Ausserer:
Not true.

Dan Gerl:
Why not?

Jared Ausserer:
They’re everywhere. They’re watching.

Dan Gerl:
Okay. You might be over at a friend’s house or maybe you are just at home, but maybe you have friends coming over, and in all likelihood, there’s a fair amount of people that there’s going to be alcohol being consumed, regardless of any of those scenarios. So just because you can’t go to the game doesn’t mean you’re not going to have a drink or two or maybe more. And just because the bars aren’t open, there’s going to be other places where people drink. And just because it’s a day game, well, by the time the game is over, it’s almost this time, right? It’d be about 4:30. It’s going to be dark out. So there are going to be cops everywhere. Jared, what would be your first tip as far as how to avoid getting a DUI?

Jared Ausserer:
Call a designated driver.

Dan Gerl:
Okay. Well, that’s a good idea, I guess, or just don’t drink and drive.

Jared Ausserer:
Don’t drink and drive.

Dan Gerl:
Sure. People, unfortunately, sometimes make poor choices, especially after having a few drinks. They think that they’re okay to drive, and then they regret that later. So we’re not encouraging anybody to drink and drive. However, if you do find yourself in a situation where you think you’re okay to drive and you get pulled over, do you have any tips for how to respond if you get pulled over by a cop on your way home?

Jared Ausserer:
Sure. First thing I would do is not make any statements and not perform any field sobriety tests.

Dan Gerl:
Okay. Now don’t you have to do field sobriety tests in Washington?

Jared Ausserer:
No, they’re voluntary.

Dan Gerl:
Okay. What about the thing where they have you blow into the device? I know a lot of people think if you refuse to blow into that, you’ll lose your license for like a year or something.

Jared Ausserer:
No, on the roadside, they’re going to ask you to do a portable breath test. Completely optional. Don’t do it.

Dan Gerl:
So what happens, Jared, if somebody gets pulled over, they don’t make any statements, they don’t do the field sobriety test, they don’t do the portable one, but they get arrested anyway and they get taken to the station?

Jared Ausserer:
When you get to the station, they’ll tell you you have the right to talk to an attorney. Talk to an attorney. While you typically would provide a breath sample after your implied consent warnings, there are times that that may not be in your best interest, and we’d walk you through that process.

Dan Gerl:
One of those times, for instance, might be if you’ve had a previous DUI within the last seven years. You might be looking at a two-year license suspension, whether you agree to do the breath test or not. Usually if you do a breath test and you’re over the legal limit, you’ll lose your license for 90 days. But if you refuse the test, you’re looking at a year. But if it’s your second within two years, there’s a good chance that either way you’re going to lose your license for two years. There are some times where it might actually be your best move to refuse the breath test. Do we have a phone number that they could easily remember that we can just tell them over the video?

Jared Ausserer:
Yeah. Don’t we have a … What’s that number again?

Dan Gerl:
1-800-BEAT-DUI?

Jared Ausserer:
Oh, yeah. 1-800-BEAT-DUI.

Dan Gerl:
That’s right. So Puget Law Group is 1-800-BEAT-DUI. That’s the number to call if you find yourself in trouble. Don’t do the field sobriety tests. Don’t do the portable test. If you get arrested, remember to tell them again, 1-800-BEAT-DUI. Talk to us then. We’ll ask you the questions that will allow us to give you the right advice.