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Seattle DUI Lawyers A-C

1. Ballard Law Group: * Consumer Bankruptcy * Chapter 7 Bankruptcy * Criminal Defense * DUI and DOL Hearings * Commercial Law for Small Business
2. Crane, Bif: 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: 1. Having an alcohol concentration of .08 or higher on your blood/ breath within two hours of driving. * The arresting officer and the breath test technician must comply with strict guidelines before the test is deemed accurate and admissible. * Breath testing is a scientific procedure and is subject to error. 2. Being under the influence of or affected by liquor or drugs. * A person can be charged with DUI, even without a breath test, if your ability to drive is lessened to an appreciable degree. * The evidence will consist primarily of a personÕs performance on the field sobriety tests and the officerÕs observations. 3. Being under the combined influence of drugs and/ or liquor. * Drug Recognition Experts (DREs) use a 12 step procedure based on observable signs and symptoms to determine drug impairment. * 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 ACTIONS 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: * BAC .08% or greater (lower for commercial drivers and minors under 21 years of age) * failing a breath or blood test * 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 20 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. Call 206.937.5930 to have The Law Office of Biff Crane 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. New this year is a law that gives you the opportunity to apply for an Ignition Interlock Driver License. (IIL) There are no restrictions on where or when you may drive, as long as you have an interlock device installed on the car you drive. Consultation with an experienced defense lawyer is a crucial first step. Biff has over 25 years experience successfully managing DUI cases as a defense attorney. He knows how the criminal justice system works and the best defenses for your case. He can successfully navigate the criminal courts and the Department of Licensing systems on your behalf. Biff will take the time and effort to explain Òthe court systemÓ and to discuss all of the options that are available to you during this emotional time. Revised Code of Washington 46.61.502 Driving under the influence 46.61.503 Driver under twenty-one consuming alcohol 46.61.504 Physical control of vehicle under the influence 46.61.5054 Alcohol violators-Additional fee-Distribution 46.61.5055 Alcohol violators-Penalty schedule 46.61.5056 Alcohol violators-Information school-Eval.& treatment 46.61.50571 Alcohol violators-Mandatory appearances 46.61.5058 Alcohol violators -- Vehicle seizure and forfeiture 46.61.506 Persons under influence of intoxicating liquor or drug-Evidence-Tests-Information concerning tests 46.61.517 Refusal of test-Admissibility as evidence 46.61.519 Alcoholic beverages-Drinking or open container in vehicle on highway-Exceptions 46.61.5195 Disguising alcoholic beverage container 46.61.520 Vehicular homicide-Penalty 46.61.522 Vehicular assault-Penalty 46.61.524 Vehicular homicide, assault -- Evaluation, treatment of drug or alcohol problem 46.61.5249 Negligent driving-First degree 46.61.525 Negligent driving-Second degree
3. Criminal Defense Law Firm of Washington: DUI and other Criminal Charges
4. Blair & Kim: DUI charges in Washington State are a very serious matter. Even first-time convictions can result in jail time and a significant loss of driving privileges.
5. Alexander, Deborah: * Assault Charges ¥ Bail and Bond Proceedings * ¥ Criminal Defense * ¥ Criminal Expungements * ¥ Domestic Violence * ¥ Driving Offenses * ¥ Drug Charges * ¥ Driver's License Reinstatement * ¥ DUI/DWI * ¥ Expungement * ¥ Felonies * ¥ Firearms and Gun Offenses * ¥ Gross Misdemeanors * ¥ Juvenile Crimes * ¥ Misdemeanors * ¥ No contact Orders/Protection Orders * ¥ Prostitution Charges * ¥ Shoplifting Charges * ¥ Theft and Property Crime Charges * ¥ Weapons Charges * ¥ White Collar Crimes
6. Brown, Stuart: * Family Law with subspecialty in dissolution, parenting conflicts, property settlement, modifications, mediation and arbitration * Criminal Law with subspecialty in sexual offense charges and allegations; DUI and drug related charges or allegations; and misdemeanor offenses * Trusts and Estates with subspecialty in wills, trusts, estate planning and investment * Contracts with subspecialty in contract negotiation and arbitration, contract formation, breach of contract issues and mediation of such * Personal Injury cases
7. Budigan Law Firm: You need to have someone on your side who will fight for you to the end and give the attention and detail to your case that you deserve.
8. Cooper, Jennifer: New Ignition Interlock DriverÕs License may let you keep driving after DUI arrest Coming this January, you can keep your license after a DUI arrest if you agree to have an ignition interlock device in your car. Governor Christine Gregoire signed House Bill 3254 into law in April. While the new section creating the ÒIgnition Interlock DriverÕs licenseÓ went into effect today, June 12, 2008, the rest of the changes wonÕt be effective until January 1, 2009. After notification that your license will be suspended for a DUI, you will be able to apply to the Washington State Department of Licensing (DOL) for an Ignition Interlock DriverÕs License for the period of the suspension. You will have to submit an application fee of $100, show that you have installed an operating ignition interlock device in your vehicle, and file proof that you have current SR-22 insurance. You will also have to agree to waive your right to a hearing to challenge the driverÕs license suspension. This is a big change in the law and will allow many people to keep working and supporting themselves and their families immediately after a DUI arrest. Currently, only an Occupational/Restricted License is available as an option after your license is suspended. But, it is not available to everyone and there can be a waiting period of up to 3 months. Also, you have to get your employer or other qualified person to certify that you need to drive. Consult with an experienced criminal defense attorney if you have questions about whether you qualify now for an Occupational/Restricted License or how to get your license back after it was suspended for a DUI.
9. Cole, Kevin: Even the most law-abiding of drivers in Washington State may occasionally receive a notice of infraction accusing them of speeding or violating some other provision of the traffic code.
10. Barr, Ted: When you have been arrested for a DUI offense, in addition to the criminal charges you face in court, you will normally be subject to a separate suspension or revocation of your driver's license by the Wahsington State Department of Licensing (DOL) regardless of the outcome of your court case. You have only 30 days from the date of your arrest to request a hearing to prevent an automatic loss of your driving privilege. Depending on your circumstances, you face a 90-day to 2-year loss of your driver's license. If your license is suspended or revoked, you will be required to maintain high-risk SR22 insurance for 3 years at up to 3 times the normal insurance rates. You may also be required to have an ignition interlock device installed on your car, and be subject to additional enhanced penalties for 7 years.
11. Clevin, Kern: What if I am not a U.S. citizen? If you are planning to become a U.S. citizen, a criminal conviction might result in your being denied naturalization. If you are not a citizen, a conviction might also provide a basis for deportation and permanent exclusion from re-entry into the U.S. This might happen even if you have family here, and even if your family members are U.S. citizens. If you are a foreign national, you may also have a right under international treaties or agreements to talk to officials from a local consulate of your home country about your situation. This may be an important source of help. If you are not a U.S. citizen, make sure that your lawyer understands exactly what your immigration status is in this country.
12. Robert Abernathy:

    If you are charged with a crime and summoned to court:

    1. Retain an attorney immediately. Do not try to handle this yourself.

    2. Never plead guilty at your first court appearance.

    3. If you must plead, plead NOT GUILTY and request a jury trial (this does not obligate you to a jury trial, but it does preserve your rights). Consult with an attorney as soon as humanly possible.  

    4. When meeting with your attorney, provide him/her with all of the relevant facts. Do not withhold information.

13. Aoki & Sakamoto: BAC breath test technology has come under fire ever since its introduction of the Datamaster breath test machine in Washington in 1987. Questions about the Datamaster's reliability and satisfactory maintenance periodically surface. To ensure that your BAC breath test gave an accurate reading of your breath alcohol level, your test results should be compared with your blood alcohol level. The only way to determine your blood alcohol level is through a blood draw. Do not tell the police that you are going to get a blood test. Simply go directly to a hospital after your release from police custody and request a blood draw. The physician or nurse administering the blood test will not tell you the results. However, upon retaining counsel, the hospital will likely be willing to release that information to your attorney.
14. David Arganian: When questioned for DUI before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI investigation, either before or after arrest, then there won't be any statements that can be used at court.
15. Bianchi Law Firm: In order to convict you of a first offense DUI, the State must establish beyond a reasonable doubt that on or about the date, place, and time alleged you were EITHER: (a) driving while affected by intoxicating liquor and/or drugs to any appreciable degree, OR (b) having a .08 percent of alcohol in your breath within two hours of driving.
16. Joseph A. Breidenbach: DUI / DWI / Traffic Violations-Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an under the influence or impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
17. Blair & Meeker: A conviction for the charge of Driving Under the Influence in Washington State carries some of the toughest penalties in the country.
18. Timothy Johnson: There are many aspects to a good defense of a criminal charge. However, two of the key elements are motions practice and fact investigation. Motions practice involves bringing aggressive and uncompromising arguments to a judge about why the prosecution's case should be narrowed down and possibly dismissed for various legal and constitutional reasons. A thorough fact investigation is something that you probably already understand the meaning of: a complete and exhaustive investigation of the facts, especially an investigation of the facts that nobody is questioning.
19. Kurt Boehl:

    Your Rights If You are Stopped for a DUI in Washington

    1. You have a right to decline to answer any questions. You may be required to identify yourself but you are not required to make statements or answer questions. You should remember that whatever you say to the officer will likely be used against you if charges are filed.

    2. Field sobriety tests are "VOLUNTARY," and you have a right to decline. You also have the right to decline to take a portable or preliminary breath test at the roadside.
    
    3. You have a right to refuse to consent to any search of your person, property, or vehicle. However, the police may search you or your vehicle without a warrant in the following circumstances:

    1. After a lawful arrest police may search you, and if you were in a vehicle immediately prior to your arrest, the police may search your vehicle.
    2. Police may search you for weapons if they have a reasonable suspicion you are armed and dangerous.
    3. Police may search the area immediately around you.
    4. In certain emergency situations, the police may search if they have probable cause to believe evidence will be found, but it would be destroyed before a warrant could be obtained.
    5. Police may search your vehicle if they are placing it in impound.

    4. You have a right to speak with an attorney before making any decision about a breath or blood test. The police must advise you of that right as soon as practical after you are arrested. In addition, before you decide to take a breath test, the police must provide you with an opportunity to talk to a lawyer. In most cases, you can be put immediately in touch with an on-call attorney at no cost to you, no matter what the time.

    5. After being taken into custody, you have the right to an additional breath test performed by a qualified person of your choosing. If you obtain a second test, immediately after your release from custody, this test may be used to challenge the accuracy of the test administered by the police.

20. Geoffrey Burg: If you have been charged with a DUI, or any type of drunk driving charge in Washington State, it is important to call a lawyer immediately - as waiting too long could result in a loss of your driver's license.