Should you use a DUI app if you’re being investigated for DUI?
It seems like every cell phone carrier has the latest and greatest cell phone for the consumers. Part of this craze is all the different phone apps a person can have. There are literally hundreds of thousands out there, and they range from the practical to the imaginable. Lately though I have been hearing of some DUI Attorneys hoping to capitalize on this market and create a DUI app. So this begs the question should you really use one of these if you get stopped for a DUI in Seattle?
In my opinion as a practicing DUI lawyer in Seattle, I would say no. For a couple of reasons.
First let’s say that you do end up using one of the features of these DUI apps. For example you record the conversation between you and the Officer, or you actually video record the interaction. If your DUI case ends up going to trial you simply can’t play the video or recording for the jury. There are evidentiary rules that govern DUI trials, and a proper foundation needs to be laid in order for any piece of evidence to become admissible. I fear it may be difficult to get this piece of evidence admitted and it all be for not.
Secondly and probably the most important is the perception the jury would have of you. Now Im not saying this will happen, but when you litigate a jury trial sometimes you need to play devils advocate and imagine how a jury would respond to certain pieces of evidence. I fear that a Prosecutor would try and argue to a jury only a guilty person would carry a DUI app. Only a person who is going to be out drinking and driving and possibly subjecting themselves to a DUI would carry a DUI app on their phone. Just playing devils advocate this could be a very persuasive argument and I would hate for someone to get found guilty just because they tried to use one of these DUI apps.
So what should you do? Well if you find yourself in the unenviable position of being investigated for DUI the first and only thing you should do is request to speak with a DUI lawyer. Thats it. Don’t answer any questions. Don’t agree to any field sobriety tests. And lastly don’t play with any DUI phone app.
If you have been arrested for a DUI contact Leyba Defense PLLC, a Seattle DUI law firm located in the heart of downtown Seattle. Firm owner Matthew Leyba has been named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, and he is rated as one of the Best Seattle DUI Attorneys by Avvo.com.