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Olympia DUI Lawyers

1. Sinclair, John: What is a deferred prosecution? The court has authority to defer a charge of DUI for Five (5) years and dismiss the charge on successful completion of a deferred prosecution program three years after the date treatment has been completed. A deferred prosecution program requires: Total abstinence from alcohol or drugs Participation a two year alcohol treatment program consisting of intensive outpatient or inpatient treatment. Participation in a minimum of two meeting per week of a self help program such as AA Ignition interlock Eligibility requires: An evaluation from an alcohol or drug treatment agency finding a significant problem with alcohol or drugs No prior deferred prosecution programs Financial ability to pay for the program Agencies we recommend are: Northwest Resources - (360) 943-8810 Damon Counseling - (360) 491-0920 The Right Step - (360) 923-9585 Stop Tacoma - (253) 471-0890 NOTE: THE ALCOHOL ASSESMENT AGENCY WILL ASK YOU TO SIGN A RELEASE. ONLY SIGN A RELEASE WHICH RELEASES INFORMATION TO THIS OFFICE. NEVER SIGN A BROAD RELEASE OR A RELEASE AUTHORIZING THE AGENCY TO SEND THE INITIAL REPORT TO THE COURT. Advantages of a Deferred Prosecution Your license is NOT suspended You serve no time in jail No high risk insurance No conviction Disadvantages of a Deferred Prosecution Two years of treatment You can only do one in a lifetime You still pay probation fees Ignition Interlock is still required CDL is still suspended
2. Hanemann, Jack: DUI A DUI can disrupt your normal life and cause great burden both financially and emotionally. Being informed of the laws surrounding DUI can be of great value. Below is general information about the laws and potential consequences relating to DUI. Typically, two separate legal proceedings comprise a DUI: 1. A civil action by the Department of Licensing (DOL) to suspend or revoke your driver’s license; and 2. A criminal charge that can result in jail time, fines, and/or other disciplinary action. Driver Information 1. Keep your driver’s license, insurance card, and vehicle registration together at all times. This avoids fumbling when asked for them by a law enforcement officer. 2. When asked if you have had anything to drink. Do not admit to drinking. All your answers will be used against you. Request to talk to a lawyer before doing or saying anything. 3. You are not required to perform any roadside sobriety tests, but your refusal to do them will be used against you in court. If you refuse the test, it is best to have a legitimate reason (injury, bad back, sick, poor balance, etc.) 4. Remember, you may be on video and audio. The officer is making evidence. You may create your own evidence also. For example, you can deny that you smell of alcohol or that you are impaired. 5. After arrest for DUI, refusing to take a blood, breath, or urine test will result in a license suspension, but taking the test creates more evidence that you drank alcohol and the quantity. Request to talk to a lawyer. Object to the accuracy of the machine. You do not wish to be wrongfully convicted. If you refuse the test it constitutes a separate crime if you have refused previously. Many times the civil action taken by the DOL can be more difficult to deal with than the criminal aspect of the charge and is often overlooked as a major component of a DUI case. Department of Licensing Civil Action Following a DUI or Physical Control arrest, the officer must notify the DOL of a blood alcohol test result of .08 or higher, for drivers under 21, a result of .02 or higher, and for CDL drivers a result of .04 or higher. The DOL will also be notified of anyone who refuses to take a breath or blood test at the time of arrest. Unless a hearing is requested of the DOL within 30 days of the DUI arrest, the driver’s license of the offender will be automatically suspended or revoked sixty days following the arrest (except in blood test cases). At the hearing, the driver and/or an attorney can present evidence, cross examine the arresting officer, and make legal and technical arguments to dismiss the licensing suspension. Our firm possesses the expertise needed to minimize any civil action brought about by the DOL. Washington State’s DUI Criminal Penalties Depending on the specific offense and any prior DUI convictions, Washington State’s DUI criminal penalties vary. For a gross misdemeanor DUI conviction, the offender will serve at least one day in jail, with a maximum of one year. Minimum jail time depends on prior offenses, blood alcohol test results, and if the blood alcohol test was refused. In addition to jail time the offender will have to pay fines, obtain an alcohol evaluation and comply with any recommended treatment, serve up to 5 years of probation, and have an ignition interlock device installed in any vehicle driven for one year following a conviction. A criminal DUI conviction will also result in the suspension or revocation of your license, that can be more severe than the DOL civil action. Washington State’s DUI laws require assessment and treatment for chemical dependencies upon conviction. If convicted of DUI, an assessment for chemical dependency by a state certified agency will need to be completed and if recommended by the agency, alcohol/drug counseling. The amount of counseling that is required is determined by the agency that performs the assessment.
3. Valz, Houser, Kogut & Barnes: criminal defense
4. Cordes Brandt: Driving While IntoxicatedCriminal LawFamily LawEmployment LawPersonal InjuryAutomobile AccidentsWrongful Death
5. Hill, Morgan: They have a job to do, and once they have you in their sights, their job is to convict you. Get a good lawyer on your side, and you make their job harder. At any stage of criminal proceedings, there are big questions, often with enormous and long-term consequences. You have significant, important rights when you are arrested or charged with a crime. In fact, your rights in these situations are so fundamental and critical that the inventors of freedom wrote them into the constitution, and it is constitutionally required that you be advised of these rights under some circumstances. You've heard them so many times on television cop shows, you can probably recite them from memory. Don't forget them when you need them! And don't waive them without speaking to an attorney first. If you have been arrested or are under suspicion, it is rarely in your interests to speak with law enforcement. Frequently, the best evidence that the police and prosecutors have to work with is evidence that comes from the accused's own mouth, which the accused has a constitutional right to keep shut. If a charge is filed against you, you may be facing jail or prison time, monetary fines and restitution, professional and family consequences, and loss of some of your rights as a citizen, and even deportation proceedings if you are not a citizen. There may be witnesses to interview and investigation to be conducted. There may be questions about whether evidence against you was obtained in a constitutional manner. There may be a decision to make about whether to take your case to trial or accept a plea bargain from the government. With all of these complex and consequential issues facing you, and the forces and resources of the government aligned against you, the lawyers you choose to represent you should be smart, experienced and ready to stand up for your rights.
6. Turner, John: DUI/DWI Automobile Accidents Domestic Violence Wills, Estate Planning, Probate Personal Injury Real Estate Corporate Law Trusts and Estate Planning Criminal Law Foreclosure Business Law Contracts Wrongful Death Guardianship Divorce/Family Law
7. Evergreen Law Group: The Evergreen Law Group represents people who have been accused of criminal activity, people injured due to another's negligence, and people seeking redress for governmental misconduct.
8. Murphy, Laura: Washington State DUI Penalties: Jail Ð Under the Washington State statute, a judge must impose jail time upon a conviction for DUI. The length of the sentence depends upon the number of prior convictions, the results of the breath test, and/or whether the driver refused the breath test. A DUI is often the most egregious offense that can be committed at the District/Municipal court level in Washington State. The maximum jail time possible for a misdemeanor DUI is one (1) year in custody. The judge may consider what are described as aggravating factors, and these factors may result in a longer sentence than the mandatory minimum required by law. Some possible examples of aggravating factors are: The number of prior criminal convictions (in addition to DUI convictions); Whether an accident was involved in the current case; and/or If there were passengers in the vehicle. In order to determine the mandatory minimum sentence, and attorney must know your prior criminal history, if any, as well as your current breath test reading. Prior DUI Offenses Prior DUI offenses include not only Washington State convictions, but also any convictions which were originally charged as a DUI then later negotiated to a lesser charge. For example, a prior DUI that was reduced to a Negligent Driving charge, would still be considered a prior DUI offense if it occurred within the last seven (7) years. The Breath Test (or Refusal) Typically, the mandatory minimum sentences are longer if a person refuses to submit to the breath test. If a breath test is taken, the mandatory minimum sentences are also longer if the test reading is .15 or higher. Penalties and Consequences Breath Test Under .15 (No Prior Offenses) Minimum Jail: 24 consecutive hours (1 Full Day in Jail); Minimum Fine: $866.00 (+ court costs, conviction fees and assessments); License Suspension: 90 day license suspension; Ignition Interlock: 1 year ignition interlock license required. Breath Test Above .15 or Refusal (No Prior Offenses) Minimum Jail: 48 consecutive hours (2 Full Days in Jail); Minimum Fine: $1,120.00 (+ court costs, conviction fees and assessments); License Suspension: 1 year license suspension (with breath test) or 2 year license suspension (if refusal); Ignition Interlock: 1 year ignition interlock license required. If there are prior convictions, there are mandatory minimums which result in additional time in custody, as well as longer license suspensions. Jail Time or Fines Beyond Original Sentence Most courts will assign a probation officer to monitor the clientÕs case and ensure their compliance with the conditions of the courtÕs sentence. The fees associated with probation supervision vary among jurisdictions, and depending upon the length of probation, may prove extremely expensive. If a case results in a conviction, a person will be required to obtain a Drug and Alcohol Evalaution with a State Certified Chemical Dependency Treatment Agency, and provide written proof to the court and to the probation officer that the treatment program is being followed. If a person is on active probation, the person convicted may be required to submit to random urinalysis testing and/or breath tests to ensure compliance with drug and alcohol programs and to confirm no illegal drug use. If, during the period of probation, a person violates any of the conditions of their sentence, the probation officer may schedule a review hearing to determine whether or not the court should revoke any of the personÕs suspended sentence. Entering Canada with a DUI Charge on Record One of the relatively unknown consequences of a DUI conviction is the impact the conviction may have on oneÕs ability to travel to Canada. Canada views a DUI conviction, or even a DUI that has been amended to a reduced charge, very differently that the United States. In Washington State, a DUI carries a maximum penalty of 365 days in jail and a $5,000.00 fine. However, in Canada, a DUI allegations is deemed a hybrid offense. As such, it may be considered either an Òindictable offenseÓ (Felony), or one that could be prosecuted as a Òsummary conviction offenseÓ (Misdemeanor). The legislation that determines and restricts any non Canadian from entry and travel into Canada is called the Canadian Immigration and Refugee Act. Under this law, no person who has committed an Òindictable offenseÓ may enter Canada, unless they are deemed rehabilitated. If the crime under Washington Law has a counterpart in the Canadian Criminal Code (CCC), the CCC determines a personÕs eligibility. If the crime translates to a felony under the CCC, then the individual may be excluded from entry to Canada for a period set forth under Canadian Law. Because under Canadian Law a DUI charge can be prosecuted as a felony, non Canadian citizens may be barred for a minimum of ten (10) years unless they are otherwise deemed rehabilitated. If a DUI charge is reduced, the final resolution of the case may be helpful for purposes of entering Canada. However, it is important to ensure an attorney is aware of the effect of these consequences and discusses the options as they relate to travelling to Canada. Washington State Department of Licensing Suspension for DUI Your license may be suspended in one of two ways: Either through an administrative process with the Department of Licensing, or through the criminal process in the court room. The administrative process occurs with the Department of Licensing. It is important to contact an attorney immediately after an officer has requested you provide a breath test. This is important because under most situations, your license will automatically be suspended, unless a hearing request is made in a timely manner. Under most circumstances, you only have twenty (20) days to make this request, so speaking with an attorney immediately is extremely important. Our office provides representation at the Department of Licensing Hearing, as well as representation in the criminal matter. License Suspension and Requirements for Relicensing. 90 Day License Suspension (BAC .08 or higher with no prior DUI administrative suspensions): If your license is suspended for 90 days, you may be eligible to apply for an ignition interlock license, but Department of Licensing will not issue the license unless the vehicle you drive is equipped with an Ignition Interlock Device (IID). In addition, you must also file proof of financial responsibility (SR22 Insurance) with the Department of Licensing as a prerequisite to the issuance of an IID License. SR22 Insurance is required for three (3) years following reinstatement of your license. One Year License Suspension (Refusal to take the breath test with prior DUI administrative suspensions): Your license is suspended for one year if you refuse to take a breath test. You may be eligible to apply for an ignition interlock license, but Department of Licensing will not issue the license unless the vehicle you drive is equipped with an Ignition Interlock Device (IID). In addition, you must also file proof of financial responsibility (SR22 Insurance) with the Department of Licensing as a prerequisite to the issuance of an IID License. SR22 Insurance is required for three (3) years following reinstatement of your license. Two Year License Suspension (Second DUI administrative suspension within 7 years): Your license is suspended for 2 years. However, you are eligible for an ignition interlock license. license, but Department of Licensing will not issue the license unless the vehicle you drive is equipped with an Ignition Interlock Device (IID). In addition, you must also file proof of financial responsibility (SR22 Insurance) with the Department of Licensing as a prerequisite to the issuance of an IID License. SR22 Insurance is required for three (3) years following reinstatement of your license. Further, to fully reinstate your license, you will need to retake the driverÕs testing and pay a reinstatement fee. SR22 (High Risk) Insurance SR22 Insurance is required for drivers who, by statute, pose a high risk to the safety of the community. Premiums are typically much higher than standard insurance. You will be required to maintain this more expensive insurance for a period of 3 years following a DUI conviction. You also are required to have SR22 Insurance if you suffer an administrative license suspension at the hands of Department of Licensing, even if you are acquitted of the DUI charge in criminal court.
9. Foster, Rawnsley, Fugate & Schaller: Family Law: Divorce Custody Adoptions Modifications Child Abductions Parenting Plan and Support Modifications Dependency Post Dissolution Enforcement/ Contempt Domestic Violence Protection Orders Criminal Defense: DUI Felonies Misdemeanors Domestic Violence Juvenile Firearms Rights Restoration Expunge/Vacate Criminal History Probate and Estate Planning: Wills, Trusts, Powers of Attorney, Living Wills Probate/Estate Administration Will Contests Other Contested Probate Matters Civil Litigation: Contract Disputes Collections and Defense of Collections Creditor's Rights in Bankruptcy Fraudulent Transfers Plaintiff's Personal Injury: Motor Vehicle Accidents Pedestrian/Vehicle Accidents Wrongful Death Slip and Fall Injuries Real Property: Foreclosures/Forfeitures Purchase and Sale Agreements Transfers Boundary Line Disputes Title Defects Adverse Possession Claims Contractor Disputes Lien Rights Evictions Business: Incorporations/Partnerships/LLC's Judicial Dissolutions Contracts General Legal Counsel
10. Connolly, Tacon & Meserve: DUI (Driving Under the Influence) is a gross misdemeanor. A first time conviction for DUI results in a mandatory minimum of one day in jail as well as a mandatory license suspension. Washington is a .08 state for purposes of determining impairment. Subsequent convictions for DUI carry increasing amounts of mandatory minimum jail sentences.
11. Owens Davies Fristoe Taylor & Schultz: Washington State Patrol is targeting those with active warrants on DUI cases. Troopers are working with the Mason County Prosecutor's office to apprehend the 1,160 defendants who have missed court on DUI charges. Mason county is asking those with DUI warrants to call Mason County District Court at (360) 427-9670, ext. 339 to learn how to quash their warrants.
12. Chirichllo, Sharon: Good people can make bad choices, but you do not have to let this choice halt your life or your future. An overview of drunk driving punishments As the number of offenses goes up, so do the penalties. Our firm provides defense to people who are experiencing their first DUI charge, people who have been charged with DUI previously, and people who have commercial driver's licenses (CDLs). The following is an overview of drunk driving punishments for various convictions within a seven year time frame, including those with BAC (blood alcohol content) of less than .15 and those greater than .15. First conviction * BAC of more than .08 and less than .15: Washington law states that if someone is convicted or pleads guilty to a DUI of less than .15 they will face a mandatory twenty-four hours in jail, and punishments could lead up to one year of jail time, fines up to $5,000, vehicle interlock device and 90 day driver's license suspension. * BAC greater than .15 or refusal: Washington law states that if someone is convicted or pleads guilty to a DUI of greater than .15 they will face a mandatory 48 hours in jail, punishments of up to one year of jail time, fines up to $5,000, vehicle interlock device, 1 year driver's license revocation for BAC over .15 and 2 year driver's license revocation for refusal. Second conviction * BAC less than .15: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 2 year driver's license revocation. * BAC greater than .15 or refusal: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 3 year driver's license revocation for refusal. Third conviction * BAC less than .15: up to one year jail time, up to $5000 fine, 1 year minimum vehicle interlock device and 3 year driver's license revocation. * BAC greater than .15 or refusal: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 4 year driver's license revocation. For all convictions, you will also be required by the Department of Licensing to carry high-risk insurance. Commercial driver's licenses For commercial truck drivers and others who rely upon a commercial driver's license (CDL) for their livelihood, the loss of driving privileges can be devastating.
13. Lane Law Firm:

    If youÕre found guilty of DUI

    Your expense and the long-term consequences can be appalling. Although a DUI is only a gross misdemeanor, it has more severe and complicated penalties than many felony charges.

    Other penalties if you have NO prior DUI offense, include:

    1. • 90-day license suspension
    2. • $200 hearing fee
    3. • Jail time from 1 day to 1 year
    4. • A fine ranging from $823 to $5,000
    5. • Probationary license for 5 years
    6. • Probation monitoring (with fees) for up to 5 years
    7. • Alcohol evaluation and treatment for up to 2 years

    These are the minimum penalties. The judge may decide on something more harsh, and if you have one or more prior offenses, minimum penalties are more severe.

    The effects on your employment of a DUI arrest

    1. • For 90 days youÕll be unable to drive to work
    2. • After 30 days you can apply for a temporary restricted license if you need to drive as part of your work. Your employer will have to certify that this is the case.
    3. • If you drive a company car, youÕll have to file Òproof of financial responsibilityÓ (SR 22 insurance) for 3 years.
    4. • Depending on the specifics of your case, a car you drive may have to be fitted with an ignition interlock device. (This is a device attached to your vehicleÕs ignition, which registers any alcohol on your breath. You have to blow into it periodically. The vehicle wonÕt start if any alcohol is registered, or if youÕre in motion, the engine will shut off.)
    5. • Car rental companies will seldom rent to a person with a hole punched in their license. Many wonÕt honor a temporary restricted license.
    6. • If you have a more high-profile career (e.g., corporate officers, employee with a security clearance, or a public figure), you could receive bad press which would harm your career.

    Whichever way you look at it, the best recourse if you have a DUI arrest will be experienced legal representation.

14. Sharon Chirichillo: There are two parts to a defendant's right to be present at trial. The first part is the defendant's physical presence at any criminal proceedings that are brought against the defendant. The second part is the defendant's understanding of the proceedings. This includes the right to understand the language of the court in which the defendant is being tried. The defendant therefore has a right to be provided with a qualified interpreter when the defendant does not speak or understand English or when the defendant is deaf. When a defendant does not speak or understand English, a qualified interpreter must be appointed to translate the proceedings. The interpreter's translation extends to all portions of the proceedings. The appointment of the interpreter does not depend upon the defendant's ability to pay for the interpreter. However, the defendant is not entitled to an interpreter when he or she is consulting with his or her attorney. The appointment only applies to court proceedings. In order to be entitled to the appointment of an interpreter, a defendant must show that he or she cannot speak or understand English. If the defendant testifies in English, it is unlikely that an interpreter will be appointed for the defendant. The fact that the defendant is more fluent in another language does not necessarily mean that the defendant is entitled to an interpreter. An interpreter is treated in a manner that is similar to an expert witness. Although a trial court does not have a duty to question the interpreter as to his or her qualifications and skills, a defendant may object to a particular interpreter on the basis of his or her qualifications and skills. Any error that is made by the interpreter does not constitute a basis for a reversal of a conviction unless the defendant requested the removal of the interpreter and the interpreter's errors were not corrected. A defendant who is deaf is also entitled to understand any criminal proceedings that are brought against him or her. The defendant who is deaf is entitled to the appointment of an interpreter. A person is considered to be deaf when he or she has a hearing impairment that inhibits the person's comprehension of the proceedings or his or her communication with others. A speech impediment is not necessarily considered to be a hearing impairment.
15. Ditlevson Rodgers Dixon: Driving Under the Influence is a serious charge with serious consequences. Any conviction for DUI carries mandatory jail time, probation, and suspension of driving privileges. The penalties are enhanced if an individual has been previously convicted of an alcohol related offense. In addition,the Department of Licensing has the ability to suspend an individual's license if he or sheeither (1) refuses the breath test, or (2) provides a sample in excess of .08, regardlessofthe outcome of the criminal proceeding.
16. Don Phelps: - If convicted on a first time DUI, your license will be suspended for an additional 90 days if your BAC level is below .15. If over, then a one year revocation. - You will spend a minimum of one day in jail or do 15 days home monitoring.