Everett DUI Lawyers
- Stephens, Mark:
My first court date is soon...what should I expect?
First, DO NOT MISS YOUR COURT DATE! If you have a compelling reason why you can't attend, you need to hire an attorney immediately. The first court appearance is your arraignment. This hearing is a formality, in which you will enter a "Not Guilty" plea and receive future court dates. No matter how hopeless you think your case is, no judge in the Puget Sound region will accept a "Guilty" plea to DUI at arraignment; the consequences are too complex and serious. The judge will simply confirm with you your understanding of your rights in court, and then the judge will ask if you plan to hire a lawyer or if you want a public defender. If you aren't sure, you should apply for the public defender...you can always change your mind later and substitute your choice of private attorney.
What is the advantage of a private attorney vs. a public defender?
1. a public defender will not represent you through the mandatory license suspension process, which is separate from the court process.
2. public defenders have much higher case loads than private attorneys carry. Thus, the time spent on each case is severely limited by the sheer number of cases assigned. Public defenders perform important work under difficult circumstances, but they are rarely able to provide the level of attention to your case that a privately retained attorney can provide.
3. when you are assigned a public defender, you get the counsel the government provides. You have the right to counsel, but not the right to counsel of your choice.
I was arrested for DUI, but have no court date & no idea what's happening with my case; what does this mean? If you were arrested for DUI, but released without getting a court date, it usually means you will be charged in the near future. In Snohomish County, deputy prosecutors review each case prior to charging, and the delay between arrest and a Summons to court may take anywhere from 4 to 12 weeks. In King County the delay will be significantly longer.
Why should I meet with a lawyer now?
Because the clock began ticking on your license suspension the day of your arrest. Also, hiring an experienced lawyer before charging ensures that you will be notified and ready to go once the prosecutor moves forward on your case. In some instances, an experienced lawyer familiar with the prosecuting attorney's office can negotiate favorable conditions or possible resolutions BEFORE the criminal case is filed.
Did I have to perform physical "sobriety tests" after the officer asked me to get out of my vehicle?
No, but refusing to perform the "roadside gymnastics" will likely irritate the officer and lead to your arrest. The best thing to do is to calmly and politely request to speak with an attorney as soon as it becomes clear you are being investigated for Driving Under the Influence.
My test was over .08, so why don't I just plead guilty and get this over with as soon as possible? There are many ramifications to a DUI conviction that would impact your Driver's License, employment, or your freedom. A conviction for DUI carries mandatory jail, license suspension, and alcohol counseling. The court will put you on probation for 5 years, and the consequences of having the conviction on your record can last your entire life.
What do I do with this paperwork the arresting officer gave me? Read it carefully to make sure you donŐt miss a scheduled arraignment in court. Then, review the application for a Department of Licensing hearing so you are aware of the time limits and costs of maintaining your Driver's License, while your case proceeds through the suspension process.
- Berner Law Group: The State of Washington considers Driving Under the Influence [DUI] a serious crime. The drive home after a social engagement or celebration can result in harsh consequences and severe lifestyle restrictions. The government can convict an individual of DUI under two legal theories. The prosecutor can secure a guilty conviction if they establish the defendant provided a breath or blood sample with a reading of .08 or higher, or if they prove the defendant was operating their motor vehicle while under the influence of intoxicating liquor or drugs. Some prosecuting agencies will file criminal charges against individuals that provide a breath or blood sample lower than the .08 limit because the individual appeared under the influence through subjective observations of the arresting police officer. A conviction for DUI will require the defendant to serve mandatory penalties. The defendant will spend time in jail, lose their driving license privilege and will be subjected to probation conditions that can severely limit or inconvenience your daily activities. A DUI conviction will greatly affect your finances, occupation and can disrupt your family. A DUI arrest can also begin a civil administrative legal action initiated by the Department of Licensing [DOL]. The administrative action is separate from the criminal proceeding. If an adult defendant provides a breath or blood test sample of .08 or higher, or refuses the evidentiary breath or blood test, DOL will seek to suspend or revoke your driving license privilege. DOL will initiate the same proceedings against a minor that provides a breath or blood sample of .02 or higher, or refuses the evidentiary breath or blood test.
- Juckett, Ross: The criminal justice system can be overwhelming to both individuals and families both emotionally and financially.
- 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.
- 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.
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