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Bellevue DUI Lawyers

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. 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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