Bellevue DUI Lawyers
- Jon Scott Fox:
Every arrest for DUI presents unique factual and legal issues. The
defense attorney must identify the issues that provide a solid defense
to the charge. The questions and answers that follow were drafted from
issues litigated in actual DUI cases. Every case is different, however.
Legal and factual issues are developed in a specific DUI case only
after the proper research is done in the context of the facts of the
individual arrest.
DUI Penalties in Washington State
DOL Administrative Penalties - breath test .08 or higher - even if found not guilty of DUI Criminal penalties if No Prior Offense in the last 7 years Criminal penalties if Second Offense - One Prior Offense in the last 7 years Criminal penalties if Third Offense - Two Prior Offenses in the last 7 years
** Breath Test Under .15% Or No Breath Test But Not A Refusal **
* 90 day license suspension
* Two year license revocation if second or subsequent administrative action within seven years.
* License is marked for 60 days
* 20 days to request hearing
* $200 hearing fee unless indigent
* Hearing within 60 days of arrest
* $150 reissue fee
* SR-22 Insurance required 3 years thereafter
* One day in jail minimum, one year maximum
* OR 15 days Electronic Home Detection (EHD)
* $823 total minimum, up to $5,000 fine
* 90 day license suspension
* SR-22 Insurance
* Probationary license for 5 years after reinstatement
* Up to five years monitored probation
* Ignition interlock At least one year
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
* 30 days in jail minimum, one year maximum, PLUS 60 days EHD
* $1,078 total minimum, up to $5,000 fine
* Two year license revocation
* Driving and knowledge exams
* SR-22 Insurance
* Probationary license for 5 years after reinstatement
* Up to five years monitored probation
* Ignition interlock for one year (if no previous interlock)
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
* 90 days in jail minimum, one year maximum, PLUS
120 days EHD
* $1,928 total minimum, up to $5,000 fine
* Three year license revocation
* Driving and knowledge exams
* SR-22 Insurance
* Probationary license for 5 years after reinstatement
* Up to five years monitored probation
* Ignition interlock for one year if no previous interlock, five years if a previous interlock, ten years if two previous interlocks
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
** Breath Test .15% Or Higher or Refusal To Take Breath Test **
* 90 day license suspension
* One year license revocation if refused the test and no prior administrative actions within seven years.
* Two year license revocation if second or subsequent administrative action (refusal or breath test over legal limit) within seven years.
* License is marked for 60 days
* 20 days to request hearing
* $200 hearing fee
* Hearing within 60 days of arrest
* $150 reissue fee
* SR-22 Insurance required 3 years thereafter
* Two days in jail minimum, one year maximum
* OR 30 days EHD
* $1,078 total minimum, up to $5,000 fine
* One year license revocation if took breath test
* Two year license revocation if refused breath test
* SR-22 Insurance
* Probationary License for 5 years after reinstatement
* Up to five years monitored probation
* Ignition interlock not less than one year
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
* 45 days in jail minimum, one year maximum, PLUS 90 days EHD
* $1,503 total minimum, up to $5,000 fine
* 900 day revocation if took breath test
* Three year revocation if refused breath test
* Driving and knowledge exams
* SR-22 Insurance
* Probationary license for 5 years
* Up to five years monitored probation
* Ignition interlock not less than one year (if no prev interlock)
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
* 120 days in jail minimum, one year maximum PLUS 150 days EHD
* $2,778 total minimum, up to $5,000 fine
* Four year license revocation
* Driving and knowledge exams
* SR-22 Insurance
* Probationary license for 5 years
* Up to five years monitored probation
* Ignition interlock not less than one year if no prev interlock, five years if a previous interlock; ten years if two previous interlocks
* Alcohol evaluation and treatment (up to two years)
* Probation monitoring (and fees) for up to five years
- Nathe, Neuffer & Jolly:
State laws prohibiting drinking and driving have become increasingly
complex in the last five years. In our state, the legal limit for blood
or breath alcohol while operating a vehicle is .10. A first offender
faces mandatory jail, suspension of driver's license and monetary
penalties of up to $5000.00 or more.
- Peter J. Peaquin: In a
DUI case, there are alternatives to going through a trial or pleading
guilty to the charge. These options include deferred prosecution and a
plea bargain to a lesser charge. While these options are good in some
cases, they are not for every defendant.
- Veitch, Gaston &
Kennedy:
Most police agencies in the State of Washington do not file the charges
directly and do not give the individuals that they arrest Court dates.
Instead, they will usually only provide a request for hearing form for
the department of Licensing and forward the case on to the local
prosecuting authority for the filing of charges. you should receive
your court notice in the mail. The time for receiving this notice
varies greatly from office to office.
- Scott Eller: If you
have been charged with DUI, the first thing that you should know is
that a DUI is both a criminal offense and a Department of Licensing
case in Washington.
A. The DUI Criminal Case
I. The Arrest.
An officer must have reasonable suspicion of criminal activity to stop a vehicle.
One important goal of an officer when making a stop is to gather
evidence. The officer is on the look out for indications of
intoxication such as: red, watery, glassy, and/or bloodshot eyes, a
flushed face, disheveled or soiled clothing, fumbling hands/fingers,
admissions of alcohol consumption or intoxication, abusive language
and/or unusual statements, the smell of alcohol, marijuana, and/or
"cover up" odors such a breath sprays, mints, or chewing gum.
Tips
Be courteous to the officer. Some officers may seem condescending or
difficult. Nevertheless, abusive language and/or belligerent behavior
may be used as evidence of inebriation and in any event is neither
appropriate nor helpful.
. You do not have to give a field sobriety test.
. You do not have to give a roadside breath teat.
. You may speak to an attorney before answering questions. Politely ask the officer for some privacy.
If you refuse a breath test at the police station you may be taken to a
hospital and forced to give a blood test. In addition, the fact you
refused will be used as evidence against you and your minimum mandatory
penalty will increase upon conviction or plea. Also, even if you are
found not guilty your license will be suspended by DOL. These
consequences are possible even if you gave the roadside breath test.
See the penalty grid below for more details.
If the officer punches a hole in your license this indicates that your
license is now a temporary license. It will be suspended automatically
if you do not request a hearing with DOL within 30 days of your arrest.
When you are arrested for DUI you may be released and receive notice of
an arraignment date in the mail, released with a court date, or held in
custody until the arraignment date.
II. The Arraignment.
The arraignment is the first court appearance. At the arraignment you
must formally enter a plea to the DUI charge. You should always enter a
plea of not guilty at the arraignment. The judge will not hold this
against you. It is done in almost every criminal case, including
virtually every DUI. A not guilty plea gives you the opportunity to see
all of the evidence and enter into meaningful negotiations with the
prosecutor before making a decision. Also, you should always reserve
your right to a speedy trial within 90 days and your right to a jury
trial.
The court may set conditions of your release. These may include that
you not be released without posting bail. If this is your first offense
and you had a relatively low amount of alcohol in your system, then a
typical condition of release is that you not drink until the case is
resolved. If you have prior offenses, then the conditions can include
mandatory attendance at AA meetings, the imposition of an ignition
interlock device on your vehicle, and/or the imposition of bail.
At your arraignment, you will be given notice of your next court date, the pre-trial conference.
III. The Pre-Trial Conference.
The pre-trial conference is an informal hearing at which the prosecutor
meets with the defense attorney to discuss the case. This gives both
sides an opportunity to explore plea bargaining options and to make
sure that both sides have exchanged all discovery as required.
At the pre-trial conference, you have three options. First, you may
continue the pre-trial conference if you have a good reason. This will
allow your attorney more time to prepare a defense. It will also allow
you more time to obtain an alcohol evaluation and complete a DUI
vicims' panel, which should always be done prior to the pre-trial
conference. Generally you need to sign a speedy trial waiver in order
to get a continuance, but it is often in your best interest to do so.
Second, you may set the case for a jury trial. If your case is set for
trial, your attorney will file several legal motions, schedule a
pre-trial motions hearing, schedule a readiness hearing, and schedule a
trial date. Third, you may accept a pre-trial offer.
IV. The Pre-Trial Motions.
The pre-trial motions hearing is a hearing at which the defense
presents motions. At the motions hearing, witnesses are often called to
testify, including the arresting officers. If the judge rules in favor
of the defendant's motions, evidence will be suppressed and often the
case will be dismissed. If the case is not dismissed after the
pre-trial motions, then a readiness hearing is held.
V. The Readiness Hearing.
The readiness hearing is a hearing that is set just before the jury
trial date. It is the last chance for the parties to resolve the case
prior to trial. If no deals are agreed to, then the jury trial date is
confirmed.
VI. The Trial.
Since a DUI charge is a criminal offense, you have the right to a jury
trial. Six people from the community will be called upon to make a
judgment in your case.
VII. Sentencing.
If you are convicted of DUI, a sentencing hearing is set to determine
how you should be punished. The State of Washington has very specific
penalties for DUI. A complete listing can be found in our DUI Penalties
grid.
VIII. Deferred Prosecution.
Deferred prosecution is an option that allows a person who has an
alcohol problem, a drug problem, or a mental health problem to complete
an intensive treatment program and get a dismissal of the criminal
charge. In order to be eligible for this program, you must be found to
be alcohol dependent, drug dependent, or mentally ill. Also, you are
only allowed one deferred prosecution, so if you have been granted one
in the past, you are not eligible for one now.
IX. The Appeal.
If you are convicted of DUI, you have the right to appeal that verdict.
This appeal is taken to the superior court in the county where the
trial was held. You must appeal a judgment against you within 30 days
of the judgment, or you waive the right to appeal.
B. The Department of Licensing.
When you are arrested for DUI, the officer should give you a Department
of Licensing Hearing Request Form. You need to send in this form with
$100 in order to have a hearing to contest your license suspension or
revocation. You must send this form in within 30 days from the date of
the offense. If you do not send the form in, you will be automatically
suspended or revoked for a period of time depending on your situation.
Since the Department of Licensing and the courts are independent of
each other, they both have the authority to impose a suspension or
revocation. So, even if you win your Department of Licensing hearing,
the court still has the authority to suspend or revoke your license.
C. Penalty Grid
1. First offense in past 7 years
A. with a test result under .15.
The mandatory minimum sentence in this case is 1 day in jail or 15 days
home monitoring, $685 fine, 90-day license suspension, SR-22 insurance
for 3 years following reinstatement, alcohol evaluation and follow-up
treatment, up to 5 years of monitored probation, and an ignition
interlock device requirement at the discretion of the court.
B. with a test result over .15 or a refusal.
The mandatory minimum sentence in this case is 2 days in jail or 30
days home monitoring, $925 fine, one-year license suspension, SR-22
insurance for 3 years following reinstatement, alcohol evaluation and
follow-up treatment, up to 5 years of monitored probation, and an
ignition interlock device requirement for one year minimum.
2. Second offense in past 7 years
A. with a test result under .15.
The mandatory minimum sentence in this case is 30 days in jail plus 60
days home monitoring, $925 fine, two-year license revocation, SR-22
insurance for 3 years following reinstatement, alcohol evaluation and
follow-up treatment, up to 5 years of monitored probation, and an
ignition interlock device requirement for one year minimum.
B. with a test result over .15 or a refusal.
The mandatory minimum sentence in this case is 45 days in jail plus 90
days home monitoring, $1325 fine, 900-day license revocation, SR-22
insurance for 3 years following reinstatement, alcohol evaluation and
follow-up treatment, up to 5 years of monitored probation, and an
ignition interlock device requirement for one year minimum.
3. Third offense in past 7 years
A. with a test result under .15.
The mandatory minimum sentence in this case is 90 days in jail plus 120
days home monitoring, $1725 fine, three-year license revocation, SR-22
insurance for 3 years following reinstatement, alcohol evaluation and
follow-up treatment, up to 5 years of monitored probation, and an
ignition interlock device requirement for one year minimum.
B. with a test result over .15 or a refusal.
The mandatory minimum sentence in this case is 120 days in jail plus
150 days home monitoring, $2525 fine, three-year license revocation,
SR-22 insurance for 3 years following reinstatement, alcohol evaluation
and follow-up treatment, up to 5 years of monitored probation, and an
ignition interlock device requirement for one year minimum.
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