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Everett DUI Lawyers

• Goykhman, Anna: The penalty for a gross-misdemeanor DUI in Washington State can be more severe than the penalties for some felony offenses. Confinement in jail and the loss of your driverÕs license is mandatory, even for a first offense, upon conviction. Either may result in the loss of your job, placing your financial well-being, and the well-being of any family you support, in jeopardy. A conviction also results in mandatory court fines, costs and assessments. Add higher insurance premiums, SR22 insurance, and the cost and humiliation of a mandatory ignition interlock device and you begin to realize the full consequences of the charge you are facing. For certain repeat offenders, beginning July 2007, a DUI is no longer a gross misdemeanorÑit is a felony.
• Sullivan, Brian: Anyone who's been stopped for a DUI knows it is a frightening experience. Officers are intimidating and the experience is often surreal. After the initial shock of the arrest, being taken for a breath or blood test, and being issued a criminal citation, you must now deal with the legal consequences, not to mention family, financial, and emotional consequences. Those convicted of DUI face mandatory penalities, such as: jail sentences, license suspensions, increased "high risk" SR-22 insurance, electronic home monitoring, probation, alcohol assessments and follow-up treatment. There are many aspects to a DUI criminal case. In addition to the criminal charge, the Department of Licensing also seeks to take away the license of those charged with a DUI. However, a competent DUI Defense Attorney can fight your case every step of the way. From the initial Arriagnment, to Department of Licensing Hearings, Pre-Trial Motions, Negotiations, Settlements, and Trial. Every case is different and requires serious legal analysis - work with an attorney who works with DUI more than anything else.
• Mark Stephens: DUI: Driving While Under the Influence. DWI: Driving While Intoxicated. Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge. BAC: Short for Òblood alcohol concentration.Ó BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is Òlegally drunk.Ó Most states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. Most states have adopted 0.08% as the BAC limit state-wide. Administrative Sanctions: Penalties imposed by the Department of Licensing. These sanctions are separate from district or municipal court penalties. Alcohol Evaluation: An assessment conducted by a state-certified drug and alcohol treatment agency to evaluate the defendant's alcohol usage patterns, potential problems, and recommended treatment. Evaluation takes approximately one hour. Treatment may require one, eight hour class to two years ongoing treatment. Arraignment: First court appearance after being arrested. The defendant appears before a judge to hear the charges brought against him/her, set bail if necessary, and conditions of release. The defendant enters a plea of not guilty or guilty. BAC Ð Blood/Breath Alcohol Concentration: The percentage of alcohol in the breath or bloodstream. See BAC Guides for estimated percentages. BAC Datamaster: Machine that measures BAC according to the amount of alcohol concentration on the breath. BAC Refusal: Refusal to blow into the BAC Datamaster or take a bloodtest as requested by police officers. Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers Deferred Prosecution: Prosecution of the case is deferred for five years during which time the defendant receives intensive drug or alcohol treatment in a state-certified treatment program. Case is dismissed at the end of five years if program is successfully completed. Only one deferred prosecution is allowed in a lifetime. It also counts as a prior offense if subsequently charged with DUI. Defendant: Person accused of a crime. Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used. Commercial Vehicle: A vehicle driven for business purposes. In the DUI context, these are the consequences for driving a commercial vehicle while drunk. Community Service: Depending on the offense, your state may offer community service as a way to work off fines. Community service may also be a mandatory part of your sentencing. Conditional License: A conditional license is a license granted Òon conditionÓ of something, such as completing a DUI course or alcohol treatment program. Once that ÒconditionÓ has been met, a standard license is generally issued or reinstated. Driver Responsibility Tax: Some states charge those convicted of a DUI with an extra tax on top of fines and court costs. This usually consists of a tax that is payable to the state for three years after the incident occurred (e.g.: $250 per year for three years). In most cases, failure to pay the yearly assessment on time results in license suspension. DUI School: DUI schools are typically drug and alcohol education programs designed to help you realize how dangerous drinking and driving is and to hopefully ensure you are not a repeat offender. Your state will likely have a list of approved schools for you to choose from. Electronic Home Monitoring (EHM): An alternative to jail time where by the defendant serves his/her jail time at home. This is monitored electronically usually through an ankle bracelet. Gross Misdemeanor: Class of crime where if convicted, sentence can be no more than one year and fine no more than $5000. All DUIs are gross misdemeanors. Ignition Interlock Device: An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driverÕs seat, and is connected to the engine's ignition system. Many states require that the device be used by those convicted of DUI. Implied Consent Laws: Some states have implied consent laws. If you have a driverÕs license in one of these states, you have, by implication, consented to being pulled over by a police officer to have your blood alcohol concentration measured. In many states, you may refuse to take the test, but fines and license suspensions may be the result. License Revocation: A license revocation means your driving privileges have been cancelled. You will likely need to reapply for a driver's license after a designated length of time. License Suspension: Administrative sanction whereby drivers' license is taken away. To get license back, defendant must show proof of SR22 insurance (high-risk insurance), and pay $150 reissue fee. (Same as license revocation, however, do not have to retake drivers' test). Motions Hearing: A hearing before the trial where legal issues are disputed. Typically, the defense will try to keep out evidence such as BAC datamaster test, field sobriety tests or defendant's statements. Plea Bargain/Agreement: The defendant enters into an agreement that, by entering a plea to the charge or a lesser offense, the prosecutor will move for: dismissal of other charges or counts, recommend a particular sentence, agree to file a particular charge, agree not to file other charges or make other agreement with the defendant. Pretrial Hearing: A hearing after arraignment and before the trial. The attorneys tell the court what motions they will be bringing and often negotiate plea bargains at this time. The case is either set for trial or a plea is entered. Often there is more than one pretrial hearing. Readiness Hearing: After the pretrial and before the trial. Attorneys tell the court that they are ready for trial and set the trial date. Often additional negotiations are done at the readiness hearing. Trial: Six person jury or one person judge decides whether defendant is guilty or not guilty. DUI cases usually take between 1 and 3 days. Victim's Panel: Two hour class taught by DUI victims to relate their experience to people who have been charged or convicted of a DUI or alcohol related offense. ^back to top Open Container Laws: In some states, it is illegal to have an open container of alcohol in your vehicle. Many states have laws that make it illegal for drivers and passengers to have open containers in the vehicle. Probation: When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer. Jail time may be reinstated if it is found the terms of probation are being violated. Provisional (or Restricted) License: A provisional license typically withholds certain license privileges. In a DUI context, a provisional license might be granted to someone to drive to and from work only. Sobriety Checkpoints: A system where law enforcement agencies select a particular location for a particular time period and systematically stop vehicles (for example, every third car) to investigate drivers for possible DWI. If any evidence of intoxication is noted, a detailed investigation ensues. Vehicle Impound/Immobilization: Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away. Zero Tolerance BAC: Allowable blood alcohol content for minors (as defined by the state). This percentage can be as low as 0% (meaning no alcohol content may be detected-hence the term Òzero tolerance.Ó) or as high as 0.02%. Alcohol: Also known by its scientific name ÒethanolÓ, alcohol is a colorless, volatile, and pungent solvent in liquid form found in fermented liquors such as beer, wine, wine coolers, champagne, and liquors. It is a depressant to the central nervous system when ingested. If ingested in large amounts, coma or death will occur. Alcohol Abuse: A pattern of problem drinking that results in adverse health consequences, negative social problems or interactions, or both. Consumption of alcohol can lead to criminal problems whenever the person consuming alcohol violates the laws relating to the most common intoxicant. Crimes such as public drunkenness, underage possession of alcohol, drunk driving, hunting while intoxicated result in more arrests each year than any other substance-based crime. Alcoholism: A primary, chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. Binge Drinking: A social phenomenon defined by alcohol abuse experts as Òconsumption of five or more drinks on a single occasionÓ. This quantity is approximately the amount of alcohol needed to raise the average sized person's blood alcohol concentration to about 0.10%. To the lay person, the term Òbinge drinkingÓ is associated with young adults or teens slamming down an excessive number of alcoholic beverages over a short time period, possibly resulting in brain damage, respiratory failure or death. Cirrhosis: A serious, life-threatening liver disease, and probably the most recognized medical complication of chronic alcoholism. It is a grave and irreversible condition characterized by a progressive replacement of healthy liver tissue with scars, which can lead to liver failure and death. Enabler: A person (often a relative, spouse or life partner) who, without malicious intent, helps to support the abusive behavior of the person who uses alcohol or drugs. An example of an enabler would be someone who tries to shield the user from the full consequences of their antisocial or illegal behavior. Fetal Alcohol Syndrome (FAS): An irreversible medical condition associated with excessive consumption of alcohol by a pregnant woman. The Òfetal alcohol syndromeÓ child is born with low birth weight, noticeable facial deformities (typically, an undeveloped nose and eyes closely set) as well as other developmental deficiencies. Low brain function is the norm for these children. With severe cases, the child dies within a few years of birth, due to abnormalities caused by the birth motherÕs excessive use of alcohol. Intoxication: A condition of diminished mental (and physical) capacity that occurs when the brain is exposed to alcohol (or other psychoactive drugs, substances or plant material) resulting in temporary changes in mood, judgment, cognitive functioning, motor functioning, and behavior. In general, an intoxicated person is said to have slower, depressed mental acuity as a result of ingesting (or otherwise taking into the personÕs system) an inhalant, beverage or intravenous that has impairing substances in it. Wine Coolers: also known as "wine foolers," are mixtures of wine and fruit juice, based upon the "Sangria" punches that were popular in Europe. These pre-mixed punches are about 1.5 times more potent---ounce for ounce---than the typical American beer. Because they taste so good, the person drinking them may not appreciate how much of the beverage has been consumed. Fortified wines are fermented wine beverages that have been ÒspikedÓ with additional ethanol (alcohol) to create a more potent beverage (higher proof and higher alcohol content). Driver License Penalties ___________________________________________________________________________ 8 FAQs Legally, just what is "drunk driving?" A drunk driving offense, sometimes called driving while intoxicated DWI or driving under the influence DUI, really has three general meanings: (1) Driving with any amount of alcohol in your system which causes your physical abilities to be impaired in any way. (2) Driving with a level of alcohol in your system which amounts to a measurement of.08 of blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your physical abilities is necessary. You may well be the world's most talented, careful and safest driver, but if your blood alcohol content registers .08 or above you are guilty of a criminal offense. (3) Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amounts of those substances may be, where your physical abilities have become impaired in any way. It does not matter if the drugs are legal , over the counter medications like antihistamines, nor does it matter if you have a prescription to take the drugs. If you are impaired as a result of taking them, then you are guilty of a criminal offense. What amount of alcohol do I need to drink to have a blood alcohol content of .08 or higher? Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration: 120 lbs: one drink in one hour -- .032 two drinks in one hour -- .064 three drinks in one hour -- .096 180 lbs: one drink in one hour -- .021 two drinks in one hour -- .042 three drinks in one hour -- .063 four drinks in one hour -- .084 What Happens When You Get Stopped for Drunk Driving? If you are stopped, always be courteous and cooperative with the officer even if you are 100% clean of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking job and the "attitude" you show to the officer can often make all the difference as to whether or not the encounter will be an unpleasant one for you. Getting stopped for drunk driving (commonly referred to as ÒdwiÓ Ð driving while intoxicated or ÒduiÓ Ð driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. However, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20. What kind of reason does a police officer or highway patrolman need to have in order to stop me to investigate whether or not I am driving under the influence? The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint. These checkpoints do not require the officer to observe anything suspicious about a person before stopping and investigating someone. What will happen if the officer who pulls me over suspects that I have been driving under the influence? The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and they include: (1) Reciting the alphabet from A to Z; (2) Closing your eyes and bringing both index fingers together; (3) Walking along a straight line; (4) Standing on one foot for a few seconds; (5) Picking up a coin dropped on the ground; In addition to these tests, some officers typically have certain field sobriety testing devices which they use. One such device is a breath meter which you blow into. Another is a light to shine in your eyes in order to test your pupil reaction. It is very important that if you suffer from any chronic physical problems, such as difficulty with your balance, problems walking or with your legs or feet, that you inform the officer of these things before you go through the field sobriety tests. What is a blood alcohol test? This is a physical procedure to determine how much alcohol you actually have in your system. There are three ways of doing this test: (1) Drawing a sample of blood from your arm; (2) Obtaining a urine sample; (3) Obtaining a breath sample by having you blow into a machine called a breathalyzer; (This is different from the field sobriety breath device described above. The breathalyzer is much more sophisticated and exact. You have the choice of which one of these three tests you will take. The only time your ability to choose which test you take can legally be restricted is if you are in a locality that simply does not have a breathalyzer. The officer is required to tell you that the option as to which test you take is up to you. But quite often officers will try to pressure or browbeat a person into taking the blood test because this is the most effective procedure for the prosecution to use against a person in court. You do not have the right to refuse to take any test. Legally, the officer could hold you down and forcibly draw a blood sample from your veins. In practice this rarely happens except where an accident is involved which caused death or serious bodily injury. Instead, if you refuse to take a test, your driver's license is automatically suspended for one year. Also, in your trial, the jury will be told that you refused to take the test and the judge will instruct the jury that they can consider your refusal as evidence of your guilt. What happens next? If you refuse the test or are found to have a BAC over the state limit, chances are youÕll be taken into custody and brought to a police station where youÕll be held until someone can pick you up. In addition, your license may be temporarily suspended and your vehicle may be impounded for a period of time after the incident. What happens if the officer believes that I have not performed the field sobriety tests satisfactorily? At that point you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested is, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only make the experience even more unpleasant for you. Do you have to be "drunk" to be guilty of drunk driving? No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death which drinking drivers inflict has changed the laws against drunk driving radically and made them much more severe. So the criminal laws against drinking and driving now mean operating a vehicle with considerably less alcohol in your system than what we customarily recognize as being enough to make a person drunk. You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties. Going to court. Aside from a possible administrative hearing that reviews the circumstances surrounding your arrest, you must generally go to court where a judge will decide your fate. In many cases, it is strictly based on your blood alcohol level or refusal to submit to a breath test. Drunk driving is a serious offense, and calls for a serious DUI attorney. If you are convicted of driving under the influence of drugs or alcohol, you may be subject to a wide range of criminal penalties, civil liability, and other consequences, including: impose fines (and some add on an additional driver responsibility tax) suspend or revoke your license require participation in a drunk driver education program add points to your license (and your insurance will most likely increase) require community service work put you on parole In addition, some judges may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle. Getting your license back. Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship. More than one arrest. Nearly all states have laws that impose higher penalties and fines if youÕve already been convicted of drunk driving within the last the last 5 to 10 years. What to do? Make sure you know your stateÕs law on drunk driving and hire a lawyer to assist you through the process. Mr. Stephen's aggressive defense and thorough knowledge of the state's laws will ensure that your case will follow its due process.
• George Freeman: What to do if you have been pulled over for drinking and driving If you have been pulled over for drinking and driving, do not argue with the police officer who stopped you. Do not yell, scream, or otherwise act in a belligerent manner. The police officer who stopped you will take notes on your behavior, and your cooperative or uncooperative behavior will be taken into account by the prosecutor. If you have been pulled over, remember that you have a constitutional right to remain silent. Do not incriminate yourself. Invoke your right to remain silent. You have the right to contact a lawyer, but the police are only required to give you a reasonable amount of time to contact an attorney. Therefore, it is a good idea to keep the name and phone number of a criminal defense attorney in your car (in your glove compartment for example). If the police officer denies your constitutional rights, do not become violent or disruptive. If your rights have been violated, your attorney can raise this issue at an appropriate time.
• Brett Nagel: If you have been arrested for DUI or Physical Control in the State of Washington, you need the facts from an experienced DUI attorney. Here is an overview: First, a DUI prosecution consists of two parts: (1) a civil hearing where the department of licensing (DOL) tries to take away your license; and (2) a criminal case where the State of Washington seeks a conviction, jail time, and the penalties outlined below. Maximum: DUI is a gross misdemeanor punishable by up to one year in county jail and a $5,000 fine. A conviction for DUI could cause you to lose your drivers license and require you to have an ignition interlock device installed on your car. Minimums: Mandatory minimum penalties also apply. This means that if you are convicted of DUI, a judge must sentence you to at least a specified amount of jail time and fine. These penalties are imposed in addition to any Department of Licensing penalties. The mandatory minimum penalty that applies to your case depends upon: (1) your breath test level or refusal; and (2) the number of times you have been convicted of DUI or a charged reduced from DUI in the past seven years. For example, if you are convicted of DUI and you provide a breath sample of between .08 and .149, the judge must sentence you as follows: * 1 day in jail; * $350 fine (usually approximately $1,400.00 with costs and assessments); and, * 1 year of ignition interlock The court may also order alcohol or drug treatment and make you attend a victim impact panel. You will also need high risk auto insurance (SR 22) for three years. These minimum penalties increase significantly if you have prior DUI convictions, refused the breath test, or provided a breath sample over .15. Consult an experienced Washington DUI attorney for advice specific to your case.
• Deno, Millikan, Dale, Decker and Petersen: A charge of Driving Under the Influence, Driving While Intoxicated or Driving while you are impaired by either alcohol or drugs can have perhaps the most serious consequences likely to face a person these days. The charges are serious, and the consequences extreme. A person charged with this offense needs careful, caring legal defense to avoid or minimize, if at all possible, the consequences of a conviction of this crime. A serious traffic offense may cause significant costs and economic harm depending on the charge, with possible jail time, fines and penalties and suspension of driving privileges. All of these charges may result in increases in insurance premiums and the possible loss of insurance coverage and the ability to drive a car. For serious traffic offenses, you should seek legal advice. Our attorneys who are experienced in handling traffic matters are available to discuss, advise, and where appropriate, to represent you in your defense or to attempt to minimize the consequences of a conviction.
• Richard Bennett: ... contrary to popular belief, JAIL does not create good citizens. JAIL creates scars. Deep ones. Don't let DUIs and family spats land you with a cell mate who'll show you the true meaning of hard time.
• H. R. Secoy: Q: Can I refuse a Breathalyzer test? A: Although the answer can vary by state, in many cases such a refusal is itself a criminal violation subject to stiff penalties. In addition, if the case against you is proven anyhow, the penalties for the refusal may be above and beyond those for the drunk driving itself.
• Schwimmer & First:

  Frequently Asked Questions: DUI

  What about the Department of Licensing
  If the results of your BAC test are over .02 and you are a minor, or over .08 and you are an adult, your driver's license will be suspended. Effective January 1, 1999 the Department of Licensing will suspend your driver's license even on your first DUI incident regardless of the outcome of any criminal charges filed. These administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the Court following a criminal conviction. Suspensions range from 90 days for a first incident to three years for certain repeat offenders. In order to contest the suspension of your license you must request a hearing within 30 days of your arrest.

  What about an ignition interlock?
  An ignition interlock device attaches a breath-alcohol analyzer to a vehicle's ignition system. All DUI offenders (except first-time offenders with a BAC below .15) are required to have an ignition interlock device on the cars they drive-even those who receive a deferred prosecution. When the ignition interlock device is installed on a vehicle, the driver is required to blow into the device which reads the person's BAC level (as shown in the picture on the right). If alcohol is detected, then the engine will not start. After starting the car, the driver is required to take the breath test every ten minutes while operating the vehicle. The device also keeps a record of every breath test result and generates a report that is sent to the courts.
   
  The amount of time a DUI offender is required to have ignition interlock on his or her car varies according to previous offenses and restrictions. The first-time offender with a BAC above .15 will be required to have ignition interlock for one year. A second-time offender, who was previously restricted for one-year will be required to have ignition interlock for five years. A third-time offender who was previously restricted for five years will be required to have ignition interlock for no less than ten years.
   
  The offender will be required to pay the cost of the ignition interlock rental which is about $2 a day. A court may waive the requirement for ignition interlock if the device is not reasonably available in the local area.

  What about a deferred prosecution?
  Washington State has changed its law regarding deferred prosecution. If a driver who has been charged with a DUI believes that his or her actions were a result of an addiction to alcohol or drugs, that driver may qualify for a deferred prosecution which puts the DUI charges "on hold." The person will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. If he or she complies with the court's requirements, the DUI charge will be dismissed. If the person fails to comply with these requirements, the court will find the person guilty of the DUI charge.
   
  Changes in the deferred prosecution law limit deferred prosecution on a traffic offense to once in a person's lifetime, rather than once every five years, and lengthen the time that a person is required to comply with the court's conditions from two years to five. The new laws also stipulate that a deferred prosecution stays on a person's permanent record.
   
  Deferred Prosecution: If your DUI was a result of an addiction to alcohol or other drugs you may qualify for a deferred prosecution which puts the charges "on hold." You will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. Installation of an ignition interlock device on all vehicles that you drive is also a typical requirement. If you comply with all of the court's requirements over a five-year period, the DUI will be dismissed, however the deferred prosecution stays on your permanent record. If you fail to comply with the court's requirements, the court will hold a brief trial using only the police report, and a conviction will be entered. Beginning January 1, 1999, only one deferred prosecution on a traffic offense is allowed in a person's lifetime.

  What if I am under 21?
  Violation of the minor in possession of alcohol or drugs law has been increased to a gross misdemeanor. This means that anyone under age 21 who obtains, possesses, or consumes alcohol will now be charged with a gross misdemeanor and face a maximum of 365 days in jail and a $5,000 fine. An existing law already revokes the driver's license of anyone under age 21 who drinks and drives.
   
  The Department of Licensing will suspend your license if you are under 21 years old and were driving with an alcohol concentration of .02 or more. It is also a crime to drive a car while under age 21 if you have an alcohol concentration of .02 or more. A youthful offender must be prosecuted for adult DUI if the test result is .08 or higher, or if the prosecutor can prove the driver was impaired at the time of driving.
   
  If you are under age 21, it is unlawful to be in possession of alcohol. Possession is defined as having alcohol anywhere around you. You do not have to have had any alcohol to drink to be charged. You can be charged if there is alcohol in the car with you or if there is alcohol at a party you attend. The offense carries a maximum of 365 days in jail. If you are under age 18, the Department of Licensing will revoke your license for one year, or until age 17, whichever is longer.

  Will a DUI conviction be on my record for a long time?
  Yes. A driver's permanent record of his or her DUI convictions will be kept by district courts. The Department of Licensing will keep DUI convictions on record now for 15 years, rather than 10 years, meaning the offender's insurance rates will be adversely affected for an additional five years.

  Do I have to be drunk to be guilty of DUI?
  No. You can be found guilty of driving under the influence (DUI) in two ways. The first is by a measurement of the level of alcohol in your blood. Effective January 1, 1999, the legal blood alcohol limit is lowered from .10 to .08. Your blood alcohol concentration (BAC) is the ratio of alcohol to blood and is measured by a test of your breath or blood. If your BAC meets or exceeds .08 you can be found guilty without further evidence of impairment.
   
  The second way you can be found guilty of DUI is if you are under the influence of or affected by alcohol or any drug, or any combination. This applies to any illegal drug or legal drug, including all over-the-counter drugs and prescribed drugs that might impair your ability to drive.

  Can I lose my license even if I am not convicted of DUI in court?
  Yes. A new administrative license suspension law gives authorities the right to suspend the driver's license of any person, even a first-time DUI offender, who fails the BAC breath test. Suspensions range from 90 days for a first-time offender to three years for certain repeat offenders. These administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the court following a DUI conviction. A special license that allows a person with a suspended license to drive to and from work, called an occupational license, will not be granted for the first 30 days of the suspension. The fee for reissuing a revoked or suspended license has been increased from $50 to $150.

  What if I refused to take the breath or blood test?
  If you operate a motor vehicle in this state, then you have already given consent to have your breath or blood tested if an officer has reasonable cause to believe that you have been driving under the influence of alcohol or drugs. This is Washington's Implied Consent law. Therefore, if you refuse to take the test, your license will be revoked. The period of revocation ranges from one year for a first-time offender to up to four years for certain repeat offenders.

  Where can I find Washington's laws and codes on the Internet?
  For specific laws that people often request from the State Patrol, check the Revised Code of Washington (RCW). If you do not find what you need, Access Washington maintains a Web page with links to laws, codes and a search feature. You may wish to explore the information they provide.

  Is there a lesser charge?
  Negligent Driving in the First Degree: If you are a driver who has been drinking and displaying unsafe driving behavior, but do not have enough alcohol in your system to warrant a DUI you can still be charged with negligent driving in the first degree. If a DUI charge is amended to negligent driving it counts as a prior DUI in future sentencing options.

  What should I do when I first go to court on my ticket?
  Arraignment: At the arraignment you will be advised of your rights and the charges against you. You are to enter a plea and you can obtain an alcohol and drug evaluation. You may wish to consult an attorney. If you cannot afford an attorney and you meet the court's low income guidelines the court will provide one for you. This is the time to tell the judge or an attorney if you think you may qualify for a deferred prosecution. Trial: If you plead not guilty to the DUI charge there will be a trial. If you plead guilty, a judge will sentence you without a trial.

  Why didn't I receive a ticket or a notice to appear in court?
  State law requires that once arrested and cited for DUI you must appear in court within 24 hours. This requirement forces courts to be open on weekends. To avoid this cost, many police agencies will not give you a citation for DUI, or for any other violation they may have observed, when they release you. Instead, you will be given a copy of your breath test results, a hearing request form from the Department of Licensing, and be told that you will receive notice in the mail as to when you must appear in court. The police officer's report will then be forwarded to the prosecuting attorney, who will review it and prepare a charging document called a complaint, which tells you the nature of the crime/s with which you are being charged, and any related traffic infractions you must defend. If you are released by the police with no court date, the prosecutor has two years from the date of your arrest to commence prosecution. This is known as the statute of limitations. Typically, however, charges are filed with the appropriate court within a few weeks, sometimes longer. Once the complaint is filed, the court will notify you to appear in court for arraignment at the address you provided to the arresting officer.

  What am I looking at if I am found guilty?
  The DUI sentencing grid tells you what penalties may be imposed. The two factors the court will consider is (a) your prior criminal record and (b) the breath test result (or refusal, if there is no test). See http://www.courts.wa.gov/reports/duigrid/dui1999.cfm for a detailed chart.

• Heidi Hunt: If you have been accused of a crime, you needto talk to a Lawyernow. Important Constitutional Rights that you have may be slipping away without you even knowing it.
• Steven Ashlock: You should take a DUI citation very seriously.
• Monty Booth: The penalties for DUI are severe and will affect your ability to provide a living for yourself and your family due to the consequences it will have on your driver's license.
• Brewe Layman: DUI is a serious offense. Even first time offenders face mandatory jail time, license suspension, fines, drug and/or alcohol evaluation and treatment, probation, and increased insurance premiums. If you have been charged with DUI, you need to know what options are available.