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Marysville DUI Lawyers

1. Duce, Brian: Q: When should I consult an attorney? A: You should consult an attorney as soon as possible. You must notify the Department of Licensing regarding the administrative action no later than 20 days after your arrest to request a hearing to challenge your drivers license suspension. Q: Will an attorney really be able to make a difference at the DOL Hearing? A: An experienced attorney can help protect your interests in many ways at a DOL hearing. Each case has various issues which need to be reviewed prior to the hearing, including: Was the traffice stop and/or arrest legal. Were you told about the implied consent law and the consequences of refusing to blow. Were the test correctly administered by properly trained personnel. Did your BAC legally exceed the .08 limit. Did the police officer accurately report the circumstances of your arrest. Whether you are required to have an ignition interlock device on your car. The outcome of a DOL hearing can be varied. It is always good to have someone on your side. A: When you have been charged with a DUI, you must appear at every court hearing, even if you have an attorney. If you miss a court date a warrant will be issued for your arrest. If you have already missed a court date, Mr. Duce can help you quash the warrant and set a new date for your appearance. Q: Is there any way I can still drive to work if I lose my drivers license? A: You may be eligible for an Ignition Interlock License. Once you have lost your privilege to drive, you must apply for the license, obtain proof of financial responsibility (SR22), and have the ignition interlock device installed. You do not need to inform your employer unless you drive an employer's vehicle. If that is the case, your employer will need to sign a waiver. Not everyone can apply for an Ignition Interlock License. Q: How do I get my license back? A: After your revocation period you must file and maintain proof of financial responsibility, SR-22 insurance, Pay a reissue fee with the DOL, and complete a driver's ability test. Q: Is deferred prosecution an option for me? A: Deferred prosecution may be an option for you. Meeting with Mr. Duce will give you the information you need to make an informed decision. Deferred prosecution let's you avoid trial, but it requires that you admit you have an alcohol or drug problem. It is not an "easy out"; it requires time and effort on your part, and a commitment for no further violations that cannot be taken lightly. Q: If I am convicted of a DUI, will I have to go to jail? A: There is mandatory minimum jail sentence depending upon your prior history and your BAC level, or if you refused to give a BAC sample. After reviewing the details of your case Mr. Duce will be better able to assess your potential sentence. Q: I was drunk, I know I am guilty, should I just plead guilty at the arraignment? A: The penalties are severe and long lasting for DUI. Don't plead guilty merely for the convenience of it. Mr. Duce will give you a free phone consultation which will better answer your specific questions and allow you to make a truely informed decision before your arraignment.
2. Ashbach Law Offices: Driving Under the Influence Receiving and dealing with a Driving Under the Influence (DUI) citation can be a very stressful event. What is DUI? DUI is one of the most common crimes committed in Washington. They occur on a daily basis, often by person who have no, or very little, prior criminal history. Many people who are charged with DUI had no idea they were technically ñdriving under the influence.î The law does not take into account an individualÍs alcohol tolerance, so even if you remain in control, you may still be convicted. Additionally, WashingtonÍs DUI statute allows for conviction even if you were not above a .08 BAC until two hours after driving. While this does not make logical sense, it is the current state of the law here in Washington. A person may also be charged with ñphysical controlî of a motor vehicle while being under the influence. The penalties for this are the same as DUI The lawyers at Ashbach Law Offices are here to aggressively defend you in all your DUI matters in municipal, county and state courts. How is DUI committed? A driver in Washington may be charged with DUI in three instances: 1) driving a vehicle with a blood alcohol content (BAC) of .08 or higher; 2) Driving a vehicle while under the influence of alcohol or any drug; and 3) driving a vehicle with a BAC of .02 or higher if the driver is under the age of 21. Ashbach Law Offices are here to provide effective representation in your behalf on DUI matters or other automobile offenses. How does Washington State attempt to punish those charged with DUI? Washington takes a two-pronged approach in attempting to punish a defendant accused of DUI: criminal sanctions and administrative sanctions. Administrative sanctions are handled through the Department of Licensing (DOL) and criminal sanctions are handled through the procedures at the courts. You may visit the Washington CourtsÍ sentencing grids here or read below for more information. What are the Criminal Sanctions? If Washington is able to prove all elements of DUI beyond a reasonable doubt, there are minimum punishments and fines that will be imposed depending on your prior driving history. Note that conviction is possible even without a valid BAC reading. BAC less than .15 or No Test If this is your first offense in past 7 years: * Jail: 1-365 days (1 day minimum) or minimum of 15 days electronic home monitoring * Fine: $350-$5,000 ($866 total minimum fine w/statutory assessments * License: 90 day suspension * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible If this is your second offense in past 7 years: * Jail: 2-365 days (2 day minimum) or minimum of 30 days electronic home monitoring * Fine: $500-$5,000 ($1121 total minimum fine w/statutory assessments * License: Two year revocation * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible If this is your third offense in past 7 years: * Jail: 90-365 days (90 day minimum) or minimum of 120 days electronic home monitoring * Fine: $1000-$5,000 ($1971 total minimum fine w/statutory assessments * License: Three year revocation * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible BAC at least .15 or Test Refusal If this is your first offense in past 7 years: * Jail: 2-365 days (2 day minimum) or minimum of 30 days electronic home monitoring * Fine: $500-$5,000 ($1121 total minimum fine w/statutory assessments * License: 1 year revocation * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible If this is your second offense in past 7 years: * Jail: 45-365 days (2 day minimum) or minimum of 90 days electronic home monitoring * Fine: $750-$5,000 ($1546 total minimum fine w/statutory assessments * License: 900 days revocation (3 years if test refused) * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible If this is your third offense in past 7 years: * Jail: 120-365 days (120 day minimum) or minimum of 150 days electronic home monitoring * Fine: $1500-$5,000 ($2821 total minimum fine w/statutory assessments * License: Four year revocation * Ignition Interlock: Required * Alcohol/Drug Treatment: Possible What are the DOL Sanctions pertaining to a DUI arrest? The DOL has the statutory authority to suspend a driverÍs license for up to two years (or longer in some cases). Unless you make a timely appeal your suspension within 20 days of notice of a pending suspension, the suspension will go into effect. If you appeal, suspension will not occur until your appeal has been heard and an examiner has ruled on that. Normally, you have to pay $200 to have the hearing. This money goes to the DOL. DOL hearings are conducted by DOL examiners who work for Washington. In order to get a fair shake, you need an aggressive and competent lawyer like those of Ashbach Law Offices. WashingtonÍs Implied Consent statute requires you to submit to a breathalyzer test if pulled over and suspected of DUI. While you may refuse this test, refusal has important consequences: * - If you have no prior DUIs or refusals in the past seven years, your license will be suspended for one year * - If you have a prior DUI or refusal in the past seven years, your license will be suspended for two years (or until you are 21, whichever is longer) If you have no prior convictions in the past 7 years and if * You are over 21 and your BAC was .08 or Greater, your license will be suspended for 90 days * You are under 21 and your BAC was .02 or Greater, your license will be suspended for 90 days If you have one or more prior convictions in the past 7 years and if * You are over 21 and your BAC was .08 or Greater, your license will be revoked for two years * You are under 21 and your BAC was .02 or Greater, your license will be revoked for two years (or until 21, whichever is longer) It may be possible to obtain a temporary restricted driverÍs license 30 days after suspension. This temporary license requires proof of an interlock device, necessity for such a license, and a filing of proof of financial responsibility with the DOL. Travel into Canada Be aware that the Canadian Government may not permit those who have been convicted of DUI to enter Canada. You may be turned away from the border. You may petition the Canadian Government for ñrehabilitationî status and be permitted to enter, but this generally requires several years past your probationary period.