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Bellevue DUI Lawyers

• Korn, Jacob: Being arrested and accused of a DUI can result in roadside humiliation, as well as trauma in the police precinct and the courtroom. If you lose your license, you could lose your job. In addition, the threat of jail raises nightmarish concerns about your personal safety.
• Mason & Baker: More than any other piece of evidence, the Field Sobriety Tests or FSTs are perhaps the most controversial and lacking in scientific validity. Nevertheless these "tests" provide some of the most crucial evidence in the criminal case. This is especially true ifÊdefense counsel is able to suppress the breath or blood test and keep the evidence from coming before the jury. The tests also generally provide the basis for probable cause to arrest the driver. Like many police procedures, in theÊearly days, law enforcement used a number of various tests and procedures at the DUI roadside. In the late 1970s, the National Traffic Safety Administration or NHTSA began a number of controversial studies to help standardize the methods. They also began to develop a regular uniform training and protocol in an attempt to make the "socring" or evaluation consistent. As a result, the federal agency determined that only three tests contain any measure of reliability. These are the (1) Horizonatal Gaze Nystagmus, (2) the Walk and Turn and (3) the One-LegÊStand.ÊÊ In the HGN, the driver is asked to follow an object, usually a pen light, as it is traced in front of them at a close distance. They are required to follow with their eyes while keeping their head still. The purpose of this test is to determine if the eyes fail to follow in a smooth pursuit and or begin a rapid, jerky movement prior to the object reaching 45 degrees from the center. The One-Leg Stand is essentially a balance test. The driver is required to stand straight with his heels together and with his arms at this side. He is then asked to raise a leg approximately six inches from the ground and hold it for 30 seconds. The officer must look for swaying, arm usage, and whter the subject places their foot down before the time is up.Ê The Walk and Turn is by far the most complex and difficult of the tests. The driver is asked to walk nine steps in an absolutely straight line and absolutely heel to toe. He then must make an unusual pivot turn with his left foot and walk back in the same exact manner. The officer looks for balance, gaps in step, and the ability to follow direction exactly. ÊÊÊÊÊÊÊÊ
• Jones, Christopher: In addition to driving under the influence of alcohol and driving under the influence of other drugs, Operating while under the Influence can also be driving under the combined influence of alcohol and other drugs. Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended.
• John J. Polito: If you have experienced a drunk driving arrest in King County there are many factors you must consider. How will this affect your ability to drive to work, your insurance rates, and your overall financial situation? Will you face jail time? In addition to criminal charges, the state of Washington will also come after drunk drivers through the Department of Licensing, suspending your ability to drive.
• Douglas Stratemeyer: Criminal appeals have filing deadlines that must be met or you may lose your right to appeal. In Washington State, you have a right to a first appeal after conviction of a crime. Criminal appeals are complex, and frequently involve multiple grounds for appeal. The frequent changes in law present unique challenges in criminal appeals.
• Amini Law Firm: If you have been arrested for driving under the influence, you must act quickly to preserve your rights.
• G.D. Sierra: When you are facing a criminal offense in municipal court, such as drunk driving (DWI), traffic violation, suspended license issue, hit & run/reckless driving, other misdemeanors, or a felony like drug possession, you need an experienced criminal attorney to protect your rights and defend you. The government will work hard to convict you. We will work hard to protect you.
• Rene Cespedes: A DUI trial can last anywhere from 1 to 4 days, depending on the number of witnesses and the complexity of the case. Additional motions may sometimes be brought at this time depending on the facts of your case. The next step is selecting a jury called voir dire. Both the prosecutor and your attorney can questions prospective jurors to ensure that they can be fair and impartial to both sides. Both the prosecutor and the defense can excuse jurors that cannot be fair and impartial. After the jury is selected, the prosecutor gives their opening statement. This is a summary of what anticipated evidence. Your attorney can also give an opening statement at this time or wait until the defense case begins. The prosecutor presents their case by calling witnesses. The defense is allowed to ask questions of the witnesses through a process called "cross examination." After the prosecution has presented all of their evidence they conclude their case by "resting." The defense can then being to present their evidence if they so choose. The defense is not required to present any evidence and can simply rely on the lack of proof or inadequacy of the prosecutor"s case. After all of the evidence is presented, the judge instructs the jury on the law of the case. The prosecutor and the defense present their closing arguments and the jury then commences deliberation, or a discussion of the law and the evidence. Deliberation can last a few minutes to days, depending on the jury. The jury can vote to acquit, convict or be deadlocked (unable to reach a unanimous verdict). If you are acquitted, you are discharged from any further obligation to the court. If you are convicted, the next step will be sentencing which can take place after the trial or on a different date. If the jury is deadlocked, the prosecutor could dismiss the case, retry the case or offer a more favorable plea bargain.
• Advantage Legal Group: Deviation from Protocol in Administration of the SFST Battery As the accuracy of SFST results depends on an officer following standardized procedures during test administration, the NHTSA encourages states to implement refresher training requirements for practitioners. Despite the significance of compliance with standardized procedures in the administration of the SFST battery, courts have upheld WAT and OLS test results even when an officer has deviated from protocol. This is because physical agility exercises can be interpreted by police officers and by others in court. On the other hand, because of its scientific nature, the HGN test is less open to interpretation and courts are more likely to suppress the results of the HGN test when an officer has failed to strictly comply with protocol. Accordingly, courts often require prosecutors to lay the foundation for the admission of HGN evidence via expert testimony. Prosecutors often call on local optometrists to testify as experts in DUI trials. Optometrists in numerous DUI trials have based their expert testimony on a resolution adopted by the American Optometric Association, which endorses the HGN test as scientifically valid and reliable.
• Kevin Tarvin: If you or someone you love has been arrested for a DUI/DWI, felony or misdemeanor, then you need a lawyer with excellent legal experience.
• Angela Griffin: Many people make the mistake of driving after they have had too much to drink. Some are caught and charged with DUI. It's an embarrassing situation, and it can have long-ranging consequences. In the state of Washington, you can lose your driver's license for a period of time. You face possible jail time, fines, court costs, and increased insurance costs. Your job can even be jeopardized. You need an attorney who has experience and a proven track record in this area of law. You need an attorney who can guide you through the court hearings as well as the administrative hearings. At the same time, you want an attorney who will understand your side of things and who won't judge you based on a mistake.
• Cespedes & Griffin: Your first court appearance is usually an arraignment. At your arraignment the judge will usually advise you of the maximum penalty, minimum penalties and your trial rights. You will be asked your name and asked to enter a plea of guilty or not guilty. You will also be asked to decide between a bench or judge trial, or a jury trial. You should enter a plea of not guilty and ask for a jury trial in order to preserve all of your rights until you have had an opportunity to retain an attorney.
• Felix Landau: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
• Stephen Hayne: A person is charged with DUI if he or she is alleged to have driven with a .08 BAC within two hours of driving; or is believed to have been under the influence of liquor and/or drugs while driving. This means that you can have a BAC level below .08 and still be charged with DUI. As long as you display symptoms of being under the influence of alcohol and/or drugs, you may still be prosecuted for DUI even if your BAC level falls below .08. However, DUI law is more complex than just the Driving Under the Influence charge. Just by being in the drivers seat of a non-moving vehicle with a BAC level of .08, you can be prosecuted for a DUI charge and face the possibility of losing your license. A driver may be charged with the crime of Physical Control of the Vehicle Under the Influence if he or she is alleged to have been in actual physical control of a vehicle while intoxicated. Additionally, any driver who is under 21 and has a BAC of .02 within two hours of driving can be charged with a violation of the Driver Under 21 Consuming Alcohol law. This is considered a very serious offense and, if convicted, is grounds for losing your license.
• Cowan Law Firm: An officer must have what is referred to as "reasonable suspicion" to believe you have violated some law in order to make a traffic stop. Random stops, stops based on "a hunch," and roadblocks are not legal in Washington.
• Aaron Wolff: DUI law is more complicated than most people think and proceedings can be a very difficult experience, which is why it is important to have an aggressive, reliable attorney to help you. Mr. Wolff is an experienced, dependable lawyer and a former prosecutor who knows the ins-and-outs of the DUI statute.
• 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.
• 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.