DUI DEFENSE

As a Seattle area DUI attorney, I understand that a DUI arrest can have devastating, long-lasting consequences upon conviction. A DUI conviction can mean jail time, loss of driving privileges, increased auto-insurance rates, installation of an ignition interlock device, attendance at an alcohol treatment program, a conviction on your criminal record, points on your Department of License driving record, denial of admissions into foreign countries such as Canada, attachment of negative social stigma, and negative employment consequences.

In Washington, there are different ways to commit the crime of DUI:

  1. Having an alcohol concentration of .08 or higher on your blood/breath within two hours of driving.
  2. Being under the influence or affected by liquor or drugs.
    A person can be charged with DUI, even without a breath test, if your ability to drive is lessened to any appreciable degree.
  3. Being under the combined influence of drugs and/or liquor.
    An Officer trained as a Drug Recognition Experts (DREs) uses a 12 step procedure based on observable signs and symptoms to determine drug impairment.
  4. Having a THC level of at least 5.0 nanograms in your blood.

What I can do to help:

“The power of the lawyer is in the uncertainty of the law.”  Jeremy Bentham

A successful DUI defense requires a thorough investigation of the facts and circumstances surrounding your case. Legal motions challenging the State’s evidence can make the difference in determining the outcome of your case either at trial or while negotiating with the prosecution to reduce or dismiss the charge.

Potential legal challenges include:

  • Did the officer have probable cause to stop, detain, and arrest you for DUI?
  • Did the officer get consent to perform “voluntary” field sobriety tests or were you coerced?
  • Were the field sobriety tests conducted according to the standardized training manual?
  • Did the officer follow the protocols in the Washington Administrative Code (WAC) for breath testing?
  • Was the breath test machine properly maintained, checked, and calibrated before you provided a sample?
  • Was it possible you consumed alcohol or a foreign object after driving but before the administration of the breath test?
  • Was a medical condition responsible for your behavior?
  • Were you advised of your right to an attorney and were you allowed to exercise said right?
  • Did the officer read you the correct implied consent warnings, and did you understand those rights?

Other legal motions are possible based on the specific facts of your DUI. Knowing which motions to file and successfully arguing them before a judge can have a large impact on the resolution of your DUI.

Contact my office at 206-905-1174 to set-up a FREE $0 consultation.

DUI Penalties

The Washington Legislature has taken some DUI sentencing discretion away from judges by imposing statutory minimum penalties for DUIs.

Mandatory minimum jail sentences begin with 1 day and can be as high as 120 days in jail depending on your criminal history and your breath test level or if you refused the breath test. The maximum penalty for your first DUI is 364 days in jail and a $5,000 fine. Court monitored probation generally lasts 5 years.

As a Washington DUI attorney I work hard to achieve the best result possible for my clients. Effective and Aggressive trial preparation starts the 1st day I’m hired and generally helps negotiations with the Prosecutor. Clients have the final say on whether their case goes to trial or not. My job is to present clients with the best possible options, so they can make the choice they believe is best.

Department of Licensing Penalties

The Department of License (DOL) will suspend your driving privilege if you have been arrested for DUI. Your license to drive may be suspended for having a BAC .08% or greater (lower for commercial drivers and minors (under 21 years of age) determined by a breath or blood test or for refusing a breath test. Your license may be suspended from 90 days up to 4 years based on prior offenses and your blood alcohol level. Check the status of your license with the DOL here.

Your license to drive will be automatically suspended after the 30th day of a DUI arrest unless there has been a timely request for an administrative hearing. It is imperative to send in a $375 check (fee may be waived) and to make a formal written request for a hearing within 7 days of your DUI arrest. Missing the filing deadline usually cannot be remedied. Here’s the link in case the arresting officer forgot to give you the DOL information.

At the telephonic hearing, an administrative officer will use the police reports and testimony from witnesses to make a decision whether or not your privilege to drive shall be suspended. I can represent you at this hearing.

If the DOL suspends your license, you may be eligible to receive an Ignition Interlock License (IIL). Here’s the link. An IIL allows you to drive a vehicle equipped with an ignition interlock device while your regular license is revoked. The ignition interlock device won’t allow the vehicle to run if it detects breath alcohol. A $100 fee must be submitted to apply for an IIL. DOL won’t approve an application unless a person has SR 22 insurance and proof an ignition interlock device has been installed on his or her vehicle.

Consultation with a Washington DUI attorney is a 1st step toward getting a positive outcome in your case. I know how the criminal justice system works and would like to use my knowledge to aid in your DUI defense.

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