Seattle DUI Lawyers A-C
- 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.
- 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.
- 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.
- 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.
- 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.
- Ron Anderson:
Sentencing grid.
- 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.
- 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.
- 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.
- 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.
- Blair & Meeker:
A conviction for the charge of Driving Under the Influence in
Washington State carries some of the toughest penalties in the country.
- 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.
- 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:
- 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.
- Police may search you for weapons if they have a reasonable suspicion you are armed and dangerous.
- Police may search the area immediately around you.
- 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.
- 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.
- 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.
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