Vancouver, WA asked in DUI / DWI for Washington

Q: Does it make a difference what kind of law enforcement agency charges you with DUI?

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1 Lawyer Answer

A: Legally? Not really. The LE agency sends a report to the appropriate prosecuting attorney office, and they handle the case from there. Doesn't make much difference who handled the investigation, assuming they had authority in that jurisdiction.

LE does send the investigation report to DOL, who commences the suspension process without involvement of any prosecutor.

Practically? It can make some difference; some agencies focus and train more on DUI enforcement, and so tend to write better reports. That can have some impact on what defense arguments might be available.

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