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Lynnwood DUI Lawyers

1. Moriarty & Zvaleuskas: If you have been arrested for driving under the influence, it?s in your best interest to retain the services of an aggressive and experienced attorney. Not only are your legal rights and freedom in jeopardy, but you also stand to face a number of serious legal penalties. The best way to avoid these penalties and protect your freedom is to hire a knowledgeable and skilled DUI lawyer to zealously defend you throughout the administrative and court process. What are the penalties if IÕm convicted? * Driving Under the Influence carries a maximum penalty of 365 days in jail and a $5,000 fine. If convicted of DUI in the State of Washington, a person is subject to mandatory minimum penalties. If you have: No Prior Offense Within Past Seven Years & BAC less than .15 or No Test Result o mandatory minimum 1 day jail sentence; o $866 minimum fine with statutory assessments; o 90 day license suspension; o installation of an ignition interlock device on your vehicle; o and a drug /alcohol evaluation and compliance with treatment recommendations. No Prior Offense Within Past Seven Years & BAC at least .15 or Test Refusal o $1,121 minimum fine with statutory assessments; o 1 year license revocation (2 year revocation for breath test refusal); o installation of an ignition interlock device on your vehicle; and o a drug/alcohol evaluation and compliance with treatment recommendations. One Prior Offense Within Past Seven Years & BAC less than .15 or No Test Result o mandatory minimum 30 day jail sentence followed by 60 days of electronic home monitoring; o $1,121 minimum fine with statutory assessments; o 2 year license revocation; o installation of an ignition interlock device on your vehicle; and o a drug /alcohol evaluation and compliance with treatment recommendations. One Prior Offense Within Past Seven Years & BAC at least .15 or Test Refusal o mandatory minimum 45 day jail sentence followed by 90 days of electronic home monitoring; o $1,546 minimum fine with statutory assessments; o 900 day license revocation (3 year revocation for breath test refusal); o installation of an ignition interlock device on your vehicle; and o a drug/alcohol evaluation and compliance with treatment recommendations. Two or Three Prior Offenses Within Past Seven Years & BAC less than .15 or No Test Result o mandatory minimum 90 day jail sentence followed by 120 days of electronic home monitoring; o $1,971 minimum fine with statutory assessments; o 3 year license revocation; o installation of an ignition interlock device on your vehicle; and o a drug/alcohol evaluation and compliance with treatment recommendations. Two or Three Prior Offense Within Past Seven Years & BAC at least .15 or Test Refusal o mandatory minimum 120 day jail sentence followed by 150 days of electronic home monitoring; o $2,821 minimum fine with statutory assessments; o 4 year license revocation; o installation of an ignition interlock device on your vehicle; and o a drug/alcohol evaluation and compliance with treatment recommendations. Why did I get a Hearing Request Form? * When arrested for DUI, if your breath test is a .08 or greater or you refuse to take a breath test, the arresting officer will report the information to the department of licensing. The DOL will suspend or revoke your license 60 days from the date of your arrest. You are entitled to a hearing to contest the proposed license suspension/revocation. You must request a hearing regarding the proposed suspension/revocation within 20 days of your arrest and you will receive a hearing within 60 days. There is a $200 fee to request a hearing. For How Long Will the Department of Licensing Suspend/Revoke my License? * First Administrative Action Within 7 Years o Adults ³ 0.08 - 90 Day License Suspension o Minors ³ 0.02 - 90 Day License Suspension * Second or Subsequent Administrative Action Within 7 Years o Adults ³ 0.08 Two Year License Revocation o Minors ³ 0.02 - One Year License Revocation Or Until Age Twenty-One Whichever Is Longer Refused Test: * First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years o Adults: One Year License Revocation o Minors: One Year License Revocation * Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years o Adults: Two Year License Revocation o Minors: Two Year License Revocation Or Until Age Twenty-One Whichever Is Longer Can I get a License for Work? You may be eligible for a temporary restricted license if you meet certain requirements. NOTICE The questions and answers contained above are for informational purposes only. The facts and statements contained in this site are not legal advice and do not substitute for speaking with us or any other Washington State DUI attorney regarding the particulars of your charge.
2. Grier, Lorne: Since 1981, The Law offices of Lorne M Grier are dedicated to criminal law, DUI/DWI and more. I specializes in a wide variety of procedures including serious felonies, drug felony and assets seizures/forfeitures, felony sex offenses, theft /embezzlement felonies, DUI, BUI and serious traffic offenses and associated DOL matters.
3. Sheehy, Michael: A DUI conviction can mean jail time, loss of driving privileges, increased auto insurance rates, installation of an ignition interlock device, attendance at an alcohol treatment program, a conviction on your criminal record, points on your Department of License driving record, denial of admissions into foreign countries, and employment consequences. A DUI violation handled improperly can disrupt an otherwise law-abiding life. In Washington, there are three different means of committing the crime of DUI. * Having an alcohol concentration of .08 or higher on your blood/ breath within two hours of driving. o The arresting officer and the breath test technician must comply with strict guidelines before the test is deemed accurate and admissible. o Breath testing is a scientific procedure and is subject to error. * Being under the influence of or affected by liquor or drugs. o A person can be charged with DUI, even without a breath test, if your ability to drive is lessened to an appreciable degree. o The evidence will consist primarily of a personÕs performance on the field sobriety tests and the officerÕs observations. * Being under the combined influence of drugs and/ or liquor. o Drug Recognition Experts (DREs) use a 12 step procedure based on observable signs and symptoms to determine drug impairment. o DRE evidenced is not admissible unless the strict 12 step protocol is accurately performed and the DRE is qualified as an expert. DUI cases are complex but can be successfully challenged in court. The laws and techniques in defending DUI's are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of current laws, trends, and new occurrences in court each week. Legal motions challenging the StateÕs evidence can make the difference in determining the outcome of your case. A successful DUI defense requires a thorough investigation of the facts and circumstances surrounding your case. Legal challenges include: * Whether the officer had probable cause to stop, detain, and arrest for DUI. * Did the officer get consent to perform "voluntary" field tests or were you coerced? * Were the field tests conducted according to the standardized training manual? * Did the officer follow the protocols in the Washington Administrative Code (WAC) for breath testing? * Was the breath test machine properly maintained, checked, and calibrated before you provided a sample? Successful legal challenges can mitigate severe DUI penalties. DUI PENALTIES Aside from a possible department of licensing administrative hearing that reviews the circumstances surrounding your arrest to see if your license should be administratively suspended (as opposed to suspended by the Court), you must generally go to court where a jury or judge will decide your fate. In any criminal case, including DUIÕs, you have the right to a jury trial, but once convicted, it is up to the judge to determine your punishment. In Washington, there are very strict mandatory minimum punishments which deny the judge discretion as to the punishment. Generally, for each prior DUI conviction within the previous 7 years, the punishment will become progressively more severe if you are convicted of DUI. The penalty will also depend on other factors including: * your level of intoxication * your driving record including prior DUI history * which Judge you are sentenced by * whether there was a passenger in the vehicle * whether the Judge feels you accepted responsibility for your actions Generally, a first time offender will be sentenced to 24-48 hours of confinement if he / she is convicted of a DUI. However, Washington State law offers an alternative to prosecution in DUI cases. If you have an alcohol and/or mental health problem, you can complete a two year intensive outpatient treatment program in lieu of criminal prosecution. If you successfully complete the treatment program and abide by all other conditions imposed by the court, the criminal case will be dismissed. Click to see a DUI sentencing grid that explains the consequences of a conviction. http://www.courts.wa.gov/newsinfo/content/duigrid/DUIGrid.pdf. DEPARTMENT OF LICENSING PENALTIES Driver license suspensions are imposed by the Department of Licensing (DOL) and are separate from the criminal court case. Your Washington driver license may be suspended for failing-BAC .08% or greater (lower for commercial drivers and minors (under 21 years of age)-a breath or blood test or for refusing a breath test. Your license may be suspended from 90 days up to four years, based on prior offenses and your blood alcohol level. The only opportunity to contest these DOL administrative penalties is to make a timely request for a hearing. Your license will not be immediately suspended, but you must request an administrative hearing with the Department of Licensing within 30 days of your arrest. If you fail to request a hearing, DOL will automatically suspend your license. Click the link to print the form to request a DOL hearing. http://www.dol.wa.gov/forms/525001.html. The Law Office of Michael P. Sheehy will represent you at this hearing. You may be eligible to receive an Occupational/ Restricted Driver License (ORL) if the DOL suspends your license. You can apply for a restricted license after your initial 30 day license suspension. ORLs can be used for work, school, court ordered community service, substance abuse treatment meetings, continuing your own healthcare or caring for one who is dependent on you. Consultation with an experienced criminal defense lawyer is an essential first step.
4. Herbert Law Offices: Driving Under the Influence (drunk driving), is a gross misdemeanor. DUI cases are more complex than the average criminal gross misdemeanor case because so much hinges on a clear understanding of the scientific evidence that the prosecuting authority will use against you in a court of law. In Washington State the legal limit for alcohol concentration is (.08), if you are over the age of 21; and (.02) if you are under the age of 21. You can also be charged and convicted of DUI without a breath test reading if you are found to be affected by alcohol or intoxicants to the point where your driving abilities were impaired. There are two cases that begin when you are charged with DUI: a criminal matter which is handled in the courts, and an administrative matter which is handled by the Washington State Department of Licensing. Both matters usually run concurrently. Herbert Law Offices has experienced DUI attorneys who will handle both matters on your behalf. We currently have implied consent laws in Washington. In essence these laws mean that when you drive in the state, you have also automatically consented to a breath or blood test should you be asked to provide one. While you do have the right to withdraw your implied consent, sanctions in the form of a mandatory license revocation will most likely be imposed if you do. So whether or not you submit to a breath or blood test can be crucial to the outcome of your case. Whether or not you do the voluntary Field Sobriety Tests can also affect your case. While you are probably here on this site after the fact, for future reference call us, and a DUI attorney will be able to tell you whether or not you should blow into the breathalyzer, and whether or not you should take to Field Sobriety Test (FST).
5. Phillp Weinberg: The potential consequences of a Washington State DUI or other criminal conviction are far-reaching and serious. In the courtroom, your defense attorney might be the only person who is truly on your side.
6. Mark Garka: To preserve your right to drive in Washington, you must request a hearing within 30 days after an officer has punched your license. The DOL hearing must be initially scheduled within 60 days of your arrest.
   
   If you had a valid license when stopped, you will be able to drive for the next 60 days.
   
   If you lose at the hearing, you cannot drive after the hearing.
   
   Please note: the trial court may also take your license as well if you plead guilty, or are found guilty of DUI. In Washington, you must be double vigilant to protect your privilege to drive.
7. James Deal: When you are charged with a crime, the entire power of the state is mobilized against you. Prosecutors are smart,. experienced, and well-financed. They handle the same kinds of cases day after day. Their job is to convict you and try to convince the judge to punish you as harshly as possible. Prosecutors generally do not have a positive view of human nature. They generally assume you are a bad person who has not learned his lesson. Once a prosecutor goes to work to convict you, he will not let go.
8. Phillip Wakefield: DUI Defense The penalties for driving intoxicated in the state of Washington are one of the toughest in the United States. The legal blood alcohol limit is .08%, and the penalties for drunk driving are severe. Drivers can be arrested for driving under the influence (DUI) if they have a blood alcohol concentration (BAC) at .08 or above. A BAC measures the ratio of alcohol to blood and is measured by a test of a driver's breath or blood. BAC levels are determined by three factors: the number of drinks a person consumes in an hour, a person's body weight, and their gender. Females will reach a higher BAC faster than males because females are generally smaller and have higher ratios of body fat to body fluid. Therefore, females are about 10 percent more likely to be affected than males. "If you wait too long to call a lawyer, there is a good chance you may lose your driver's license."
9. Feldman & Lee: The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.