Bellingham DUI Lawyers
- Rands, Jonathan:
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1 DUI Charge?
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A DUI arrest/charge will suspend or revoke your license.
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2 DUI Arrest?
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In this case, both the Department of Licensing (DOL) and The Court will take action against you.
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The Court will schedule an arraignment and a DUI attorney familiar with your court is recommended.
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If your license hole punched, don't worry! Your license is still valid: just mail a request to the DOL within 20 days.
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The DOL will suspend or revoke your license after 60 days unless you mail DOL a hearing request to contest the suspension/revocation of your license within 20 days of your arrest.
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This is a time sensitive matter, an experienced DUI lawyer will help with timing.
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3 DUI Important Facts
* DUI convictions require a mandatory sentence.
* Consequences of a DUI conviction are serious and far reaching into your future.
* An attorney who limits and focuses their practice on DUI will give you peace of mind so that you can return to a normal life.
- Lustick Law Firm">Lustick Law Firm:
DUI and Criminal Traffic Offenses
* Drug Distribution and Possession Cases
* Domestic Violence Cases
* Assault and Disorderly Conduct
* Theft, Burglary, or Robbery Charges
* Divorce, Child Custody and Visitation
* Child Support Orders
* Civil Litigation Matters
The DUI Defense: Two Legal Proceedings at Once After a DUI arrest, you
will face not one but actually two separate legal proceedings. First,
there is a civil administrative action which can result only in a
suspension or revocation of your driverŐs license; and secondly, there
is a criminal prosecution case which could result in a criminal
conviction followed by confinement, probation, mandatory treatment,
fines and other ramifications.
The civil administrative action is conducted by the Washington
Department of Licensing (DOL) and it usually consists of a brief
telephonic hearing. The DOL action is not conducted by a judge, rather a
DOL Hearing Officer serves as both the prosecutor and judge in deciding
whether or not to suspend or revoke your license. The formal rules of
evidence do not apply in such hearings and you never actually get to see
the person who will decide your case. Also, the DOL hearing happens
entirely outside of court, although if you do not win the DOL hearing,
you can appeal the Hearing Officer's ruling to the Superior Court for
review by an actual judge.
The criminal case, however, is separate from and much more sophisticated
than the DOL matter, and it occurs in court before a neutral District
Court or Municipal Court judge or court commissioner. The criminal case
is presented to the court by the county or municipal prosecuting
attorney's office in the location where the alleged incident occurred.
The formal rules of evidence and criminal procedure do apply, and all
DUI defendants have a right to have their case decided by a six person
jury.
Washington State's Strict DUI Penalties Even as a first offender, a DUI
conviction in Washington State usually results in a minimum of 24 hours
jail time (up to a maximum of one year), a fine of at least $900
(maximum $5,000), and loss of drivers license for at least 90 days. Of
course, for anyone with prior DUI convictions or with convictions for
lesser charges that originally began as a DUI charge, the penalties for
subsequent DUI convictions are dramatically higher.
State law also requires that anyone convicted of DUI install an ignition
interlock device in their vehicle for one year or more. After you
qualify for a driver's license reinstatement, your insurance rates will
likely increase significantly and you will be required to have SR-22
insurance for three years.
Also, if you do not prevail in your DOL case, you will receive a
suspension or revocation of your drivers license of the following
duration: * If your BAC is .08 or greater (.02 if you are a minor) 90
days * If you refused to take a breath or blood test One year * If this
is your second or subsequent DUI or refusal Two years
Currently there is an alternative available to the DOL administrative
suspension under which you entirely forgo the telephonic hearing process
described above. To do so, you must apply for an Ignition Interlock
Device License (IIDL) and obtain SR-22 insurance. Our firm's attorneys
and staff stand ready to assist our clients in either pursing a DOL
hearing to contest the suspension/revocation action or to apply for and
receive the IIDL.
Don't delay... Call Us Immediately After Your Arrest Call the Lustick
Law Firm today for a free consultation about your DUI case. Our free
one-hour consultation with our former prosecutors and experienced DUI
defense counsel is very comprehensive, helpful, and informative and help
you to better understand the DUI defense process. In Bellingham, call
(360) 685-4221 and in Mount Vernon, call (360) 873-8882 to schedule your
free consultation today.
Did you know these facts about DUIs in Washington State? (1) The legal
limit in Washington State as measured by chemical breath or blood
testing is 0.02 for drivers under age 21; 0.04 for drivers operating a
commercial vehicle; and 0.08 for all non-commercial drivers over age 21.
At the level of 0.151, there are enhanced penalties which will apply if
the driver is convicted of a DUI.
(2) No driver is required to perform a field sobriety test. Alcohol
field tests are strictly voluntary and drivers can decline to take these
tests whenever they want.
(3) The hand-held preliminary breath test is strictly voluntary and no
loss of license will result from refusing to take a roadside, hand-held
breath test.
(4) On a DUI arrest, after you are taken to the station to take a
chemical breath or blood test, you have the right to speak to an
attorney in person or on the phone. Once placed in touch with legal
counsel, the attorney can answer your questions and give legal advice as
to whether or not your should take the breath test.
(5) If you ask for a lawyer before the breath test, an officer cannot
question you. Questioning a DUI suspect before taking the breath test is
routine for the police, but by answering their questions you may be
hurting your case.
(6) Washington State law requires that anyone arrested for a DUI appear
in court the following court day. This means if you get arrested
Wednesday night, you'll be required to appear in court on Thursday. It
is highly advisable that you never go to court without having a lawyer
with you.
- Tasker, Michael:
DUI, criminal law and personal injury cases
- Fox Bowman Duarte:
How much did you have to drink?
How much you had to drink and what you drank is a critical question in any DUI case. From the outset, it is important to determine whether the amount of alcohol you had to drink was sufficient to get a reading above the legal limit or to affect your ability to drive. For example, a single drink is usually not enough to get your alcohol concentration above the legal limit, but it might be sufficient to get you arrested for DUI if a police officer thinks it affects your ability to drive to any appreciable degree. In our years of defending DUI cases, the attorneys at FBD have seen DUI charges filed with BAC results as low as .02%. At the same time, depending on your weight and size, two to three drinks may be enough to get your alcohol concentration at or above the legal limit. Generally speaking, a thin lightweight individual takes fewer drinks to exceed the legal limit than does a heavy person.
Your alcohol concentration is generally determined by the amount of alcohol consumed, your body size, gender, and time. At FBD we use a reliable scientific method called "Widmark's Formula" to determine whether the amount you had to drink was in fact enough to produce a reading over the "legal limit." To be reasonably accurate, the period of consumption, rate of consumption, and type of liquor consumed must be known along with other critical facts such as body weight. This evidence is scientific and is admissible in court to cast doubt upon the results of the breath test machine.
The Washington State Liquor Control Board has published blood alcohol concentration (BAC) charts for men and women that is the Liquor Board's best estimate as to what the alcohol level would be for a given amount of drinking. The chart should be used only as a guide because there are too many variables bearing on an individual's true breath alcohol concentration.
Below is a chart of the signs of alcohol consumption and the degree of intoxication based on blood alcohol concentrations. This chart reflects the testimony of experts used by prosecutors and shows that determining where "legal intoxication" begins is an inexact science, at best.
Blood Alcohol Concentration (BAC level)
Stage of Alcoholic Influence
0.01 - 0.05
Sobriety
# No apparent influence
# Behavior nearly normal by ordinary observation
# Slight changes detectable by special tests
0.03 - 0.12
Euphoria
# Mild euphoria, sociability, talkativeness
# Increased self-confidence, decreased inhibitions
# Diminution of attention, judgment, and control
# Loss of efficiency in finer performance tests
0.09 - 0.25
Excitement
# Emotionalinstability, decreased inhibitions
# Loss of critical judgment
# Impairment of memory and comprehension
# Decreased sensatory response, increased reaction time
# Some muscular incoordination
0.18 - 0.30
Confusion
# Disorientation, mental confusion, dizziness
# Exaggerated emotional state, such as fear and anger
# Disturbance of sensation (diplopia, etc.) and of perception of color, form, motion dimensions
# Decreased pain sense
# Impaired balance, muscular incoordination, stagerring gait, slurred speech
0.27 - 0.40
Stupor
# Apathy, general inertia, approaching paralysis
# Markedly decreased response to stimuli
# Marked muscular incoordination, inability to stand or walk
# Vomiting, incontinence of urine and feces
# Impaired consciousness, sleep or stupor
0.35 - 0.50
Coma
# Complete unconsciousness, coma, anesthesia
# Depressed or abolished reflexes
# Subnormal temperature
# Incontinence of urine and feces
# Embarrassment of circulation and respiration
# Possible death
0.45 +
Death
# Death from respiratory paralysis
- Michael P. Brodsky:
A jury array is a list of jurors who are summoned to appear for jury duty. Jurors for a particular trial are selected from the jury array. A defendant is entitled to challenge the jury array. The defendant usually discovers flaws in the jury selection process during voir dire or questioning of the jurors. Grounds for challenging the jury array include corrupt summoning of the jurors, violation of the jury law, discriminatory selection of the jurors, or discrimination regarding exemptions for the jurors.
- Nelson, Brinson, Thigpen & Fryer:
Your
Rights
If you are
arrested by a peace officer of the United States, the law requires
that you be advised of your rights (often called the "Miranda
Rights"). These are:
1. You have the right to
remain silent.
The Court: "At
the outset, if a person in custody is to be subjected to
interrogation, he must first be informed in clear and unequivocal
terms that he has the right to remain silent."
2. Anything you say can be
used against you in a court of law.
The Court: "The
warning of the right to remain silent must be accompanied by the
explanation that anything said can and will be used against the
individual in court."
3. You have the right to
have an attorney present now and during any future questioning.
The Court:
"...the right to have counsel present at the interrogation is
indispensable to the protection of the Fifth Amendment privilege
under the system we delineate today. ... [Accordingly] we hold
that an individual held for interrogation must be clearly informed
that he has the right to consult with a lawyer and to have the
lawyer with him during interrogation under the system for
protecting the privilege we delineate today."
4. If you cannot afford an
attorney, one will be appointed to you free of charge if you wish.
The Court: "In
order fully to apprise a person interrogated of the extent of his
rights under this system then, it is necessary to warn him not
only that he has the right to consult with an attorney, but also
that if he is indigent a lawyer will be appointed to represent
him. Without this additional warning, the admonition of the right
to consult with counsel would often be understood as meaning only
that he can consult with a lawyer if he has one or has the funds
to obtain one.
The Court continues by
declaring what the police must do if the person being interrogated
indicates that he or she does want a lawyer...
"If the individual
states that he wants an attorney, the interrogation must cease
until an attorney is present. At that time, the individual must
have an opportunity to confer with the attorney and to have him
present during any subsequent questioning. If the individual
cannot obtain an attorney and he indicates that he wants one
before speaking to police, they must respect his decision to
remain silent."
But -- You can be arrested
without being read your Miranda Rights
The Miranda rights do not
protect you from being arrested, only from incriminating yourself
during questioning. All police need to legally arrest a person is
"probable cause" -- an adequate reason based on facts and
events to believe the person has committed a crime.
Police are required to
"Read him his (Miranda) rights," only before interrogating
a suspect. While failure to do so may cause any subsequent
statements to be thrown out of court, the arrest may still be legal
and valid.
Also without reading the
Miranda rights, police are allowed to ask routine questions like
name, address, date of birth, and Social Security number necessary
to establishing a person's identity. Police can also administer
alcohol and drug tests without warning, but persons being tested may
refuse to answer questions during the tests.
- Deborah Frederick:
First of all, when you see the flashing lights behind your car, pull over, and secure your car. The officer is looking for everything from how straight you parked the car when you pulled over to whether you used your turn signal or not.
Be polite. If the officer suspects you have been drinking before driving, and are under the influence, he or she may ask you to step from your vehicle.
- Stephen Kozer:
DWI/DUI cases can also result in jail time , the loss of your privilege
to drive, expensive fines. The legal limit in the State of Washington
is .08 BAC ( breath alcohol concentration). Even if your breath test is
less than a .08 you can be charged with DWI/DUI! The DWI/DUI statute
gives the prosecutor the choice of proceeding in three different ways
against you . A BAC of .08 or greater or appreciably affected by
alcohol or appreciably affected by alcohol and or drugs.( even
prescription drugs).
- Robert Butler:
DUI's can and should be viewed as more serious offenses than many of
the common class C felonies. By way of example, a person with two prior
DUIs who blows less than .15, will receive a mandatory minimum jail
time of 90 days AND 120 days of electronic home monitoring (ehm),
mandatory ignition interlock device on your vehicle for not less than a
year, plus three years license suspension/revocation (criminal side
sentencing is separate from the administrative DOL suspension) plus
probation to monitor compliance with alcohol evaluation. If you refuse
to blow or blow greater than .15 the penalty jumps to 120 days jail,
150 days of ehm, higher fines and four years of license suspension.
Comparing DUI to possession of stolen property, a second time offender
on a stolen possession charge would only be looking at the maximum of
90 days with the range being 0-90 days and with no mandatory minimum
days required.
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