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Bellevue DUI Lawyers

1. Stein Lotzkar & Starr: DOL v. YOU First YOU WILL BE GIVEN A NOTICE OF A CIVIL ADMINISTRATIVE LAWSUIT BY THE POLICE OFFICER and /or THE DEPARTMENT OF LICENSING. This is a legal action designed to take away your driver's license (even if you have a License form another State) and/or your privilege to drive in Washington State. MAKE SURE THAT THE DEPARTMENT OF LICENSING HAS YOUR CURRENT ADDRESS. If the department does not have your current address you may not receive important notices about your suspension or about your court dates. You can update your address by going to any of the Driver's License Examinations Offices around the state and completing a form. Your can also update your address at the department's website; www.dol.wa.gov/driverslicense IF YOU DO NOT REQUEST A HEARING AND PAY THE HEARING FEE (or request a fee waiver) WITHIN 20 DAYS OF YOUR ARREST YOUR LICENSE WILL AUTOMATICALLY BE SUSPENDED 60 DAYS AFTER YOUR ARREST. YOUR LICENSE SUSPENSION COULD BE FOR 90 DAYS, ONE YEAR, TWO YEARS OR MORE, depending on your driving history and whether the officer says that you refused the test. If you are concerned about the specific length of you potential loss of license you can look here; www.dol.wa.gov/forms/500014.pdf. There are ways to avoid the license suspension but YOU CAN NOT AVOID THE SUSPENSION IF YOU DO NOT REQUEST A HEARING WITHIN 20 DAYS.
2. Phillipson & Lundin: Appeals DUI & Misdemeanor Defense DOL & Administrative Hearings Felony Defense Motions Practice Personal Injury
3. Perez, Robert : Washington has joined the nationwide effort to crack down on "drunk driving". If you've been arrested in Washington for a DUI, you're facing tough new penalties reflecting the legislature's intent to make drunk driving a serious offense. In order to avoid mandatory jail time and loss of license, you either have to beat the case outright or get the charge reduced to a lesser offense through negotiations with the government. Either way, you need a skilled DUI attorney competent at DUI defense.
4. Padula & Associates: D U I : General Information Most of the DUIÕs that we handle, are reduced or dismissed. It is rare for us to suggest that a client plead guilty to a DUI. Not every DUI can be beat, but we are able to get rid of most of them. Your arrest was the government taking their best shot at building a case against you. Now it is our turn to tear that case apart. There is never a guarantee in a court of law, but we can promise you vast experience, skill, tenacity, effort and compassion. We tell you this to help you sleep at night while we, your attorneys, lay awake at night worried about how this is going to affect your life. You need a reputable attorney. You must hire an attorney who knows how to handle DUIÕs and does so every day they go to work. We have an excellent reputation and we consistently exceed our clientÕs expectations. However, we realize that we are not the right ŅfitÓ for everyone.
5. Coats, William: *If you have been arrested for DUI (Drunk driving) you are in a special category. You will need to request an implied consent hearing within 20 days of arrest. Otherwise you will automatically lose your license under the Implied Consent laws. Please be aware that a driver can have his or her license suspended twice for the same DUI. Once by the criminal court. Once by the Department of Licensing hearing examiner. DUI : 1 Arrest Š 2 Cases Case # 1: Criminal Court Without question DUI laws are some of the most aggressive on the books. In light of the potential penalties your defense needs to be equally aggressive. Most lawyers have a generic approach to DUI defense. ItÕs as if they just put a new name over the top of the same old file they have used for years. An arrest for DUI can lead to some very harsh penalties. Even for people who have never been arrested before the consequences can be devastating. Anyone convicted of DUI will face loss of their driverÕs license followed by mandatory ignition interlock and SR22 insurance. Penalties increase dramatically if you have prior DUI offenses within the last seven years Š even if those charges were reduced or you were given a deferred prosecution. Five years of probation is mandatory and will include mandatory alcohol treatment. Alcohol treatment deserves special attention. If you are found guilty the law requires you to get an alcohol evaluation. Your evaluation will probably fall into one of three categories: NSP, SP1, or SP2. The judge will order you to complete treatment (as well as a DUI Victim Panel) according to your category. NSP (no significant problem) SP1 (significant problem 1) SP2 (significant problem 2) 1 day class 1 year out-patient treatment 2 year in-patient or out-patient treatment Many alcohol treatment agencies are simply out for your money. They usually charge around $150 to $200 for a one day NSP class. The cost for SP2 treatment usually ranges from $3000 to $5000. When you walk into their office with a DUI under your belt, which evaluation do you think youÕll get? Case # 2: Department of Licensing (DOL) The Department of Licensing hearing is a critical part of any DUI case. More precisely itÕs a case in and of itself. Drivers overlook the hearing simply because they donÕt know about it. Lawyers ignore it because the hearings can be extremely frustrating and difficult to win. The Department of Licensing hearing is a win or lose situation. Unfortunately, by law, it is the Department of Licensing who decides who wins and who loses. The hearing examiner is not an independent administrative law judge but rather, an employee of the Department of Licensing. (Now you understand why these cases are so difficult.) The hearing will address 4 issues. In a nutshell they are: 1. Was there reason to suspect you were driving under the influence of alcohol. 2. Were you arrested. 3. Were you read Implied Consent Warnings. 4. Did you either refuse the breath test or blow over the legal limit. Hearings are typically conducted by telephone. The arresting officer is not involved in the hearing unless specifically requested. Instead the officer faxes a copy of the arrest report to DOL. That report is labeled "Exhibit 1.Ó It takes more time to fax the report than it takes DOL to present its case. Here is why. The hearing examiner will merely ask two questions: 1) Whether you have any objection to admitting Exhibit 1 into evidence; and 2) whether you have any evidence or legal argument to present. THATÕS IT ! Five seconds for DOL to present the case against you. If you feel as if youÕre fighting a battle with one arm tied behind your back, there is a reason Š you are.
6. Tsiprin Law Firm: DWLS (Driving while license suspended) Negligent / Reckless Driving Driving without Insurance DUI (Driving under the influence) Other Traffic Violations Personal Injury
7. Jones, Richard: * Driving under the influence (DUI) * Moving infractions such as reckless driving * Assault * Domestic violence * Stalking, including charges resulting from domestic violence * Trespassing, including charges resulting from domestic violence
8. Tarvin, Kevin: DUI/DWI/PHYSICAL CONTROL Did you know that if you are convicted of DUI: 1. You go to jail. 2. You pay heavy fines. 3. You lose your driver's license and have increased insurance rates. 4. You are required to seek chemical dependency treatment. 5. You must obtain an Ignition Interlock device on your vehicle for at least one year. Alternatively did you know that if your case is managed correctly, there is a high probability that your DUI will be reduced to a more managable resolution and you will not go to jail, lose your license, or have an interlock.
9. 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
10. 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.
11. 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.
12. 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.
13. 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.