Seattle DUI Lawyers D-F
- Fuller, David:
DUI is one of the most common and most misunderstood criminal cases
If you have been arrested for DUI/DWI, you may think that the police Ògot you dead to rights.Ó The police probably seemed very persuasive when they pulled you over, put your through the field sobriety tests, and showed you the readout from the breathalyzer. You probably thought, how could a couple of beers result in such a high BAL. Maybe you thought that it was strange that you know you were driving safely but they said you were ÒweavingÓ or Ó made an unsafe lane change.Ó
DonÕt assume that your case is hopeless, just because you had a few drinks.
A DUI/DWI is a very complex crime that involves important procedural, constitutional, and scientific issues. One mistake by a police officer is sometimes all it takes for the whole case to collapse. The police must follow strict procedures in determining when to pull you over, how they talk to you, how they administer field sobriety tests, how they administer the breathalyzer, and how they inform you of your rights.
A DUI/DWI may not be a felony, but it still has far reaching consequences. While it is true that a gross misdemeanor is less serious than a felony, DUI/DWI is a special kind of misdemeanor because there are some many additional penalties attached to it. For example, if you are convicted of DUI/DWI, you are facing mandatory jail time on a first conviction and suspension of your driverÕs license. In addition, you could lose your job or not be able to get certain jobs because of a single DUI/DWI conviction.
Will you go to jail and lose your license? First of all, your case is actually two cases at once: the criminal case and the civil case. The criminal case determines if you are guilty of a crime and whether you get acquitted, do community service, pay a fine, or go to jail. The civil case is before the Department of Licensing, and it determines whether your license will be suspended and for how long.
It is against the law for a lawyer to promise an acquittal or any other result. No reputable lawyer will make such a promise. What I can promise is that I will look at every angle in your case, and determine what the best possible solution is for you.
No matter how bad it looks, you have options. First, if I can prove that the police made certain mistakes, then I can get the charges dropped. But even if the police didnÕt make a mistake, you can still find ways to avoid the criminal penalties for a DUI/DWI. The client always gets to choose whether to go to trial, it is your right. Of course, I can help you make the decision and explain the pros and cons of going to trial. In a significant number of cases, the prosecution will accept a plea to a lesser charge. A plea to reckless or negligent driving is less serious than a DUI/DWI conviction, because you to avoid the serious criminal penalties for a DUI/DWUI, such as mandatory jail time and a DUI/DWI on your criminal record.
No matter what happens in the criminal case, you will have a civil license revocation hearing. The civil case is entirely separate from the criminal case. The civil case is more difficult because the procedural rules favor the state more than they do in the criminal case.
- Kirk Davis:
Driving Under the Influence is a serious crime in the State of Washington. Prosecutors are aggressive and with mandatory minimum DUI penalities it is necessary to retain an experienced attorney.
DUI
Driving Under the Influence is a gross misdemeanor. A person may be convicted of DUI if the person was operating a motor vehicle with an alcohol concentration of .08 or above. A driver can also be convicted of DUI if it can be proved the person was operating a motor vehicle while the ability to operate the vehicle was affected by alcohol and/or drugs. Conviction of a DUI will result in license suspension, fines, and jail time.
Physical Control
Physical Control is a gross misdemeanor. A person may be convicted of physical control if it can be proved the person was in physical control of a vehicle with an alcohol concentration was .08 or above within two hours of having been in physical control of the automobile. Criminal liability may also attach for being in physical control of a vehicle while affected by alcohol and/or drugs. Conviction of Physical Control will result in license suspension, fines, and jail time.
BUI
Boating Under the Influence is a misdemeanor. A person may be convicted of BUI if the person was operating a vessel with an alcohol concentration of .08 or above. A person may also be convicted of BUI if it can be proved the person operating the vessel was affected by alcohol and/or drugs. Conviction of BUI can result in jail time and fines. However, there are no mandatory minimum jail terms unlike DUI. A conviction for BUI does not affect a driverÕs license.
- Dixon & Cannon:
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Breath Test .08 to .149
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1st Offense
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2nd Offense
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3rd Offense
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Jail time
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1-365 days
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30-365 days
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90-365 days
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Non-suspended Jail
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1 day
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30 days
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90 days
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Electronic home monitor
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OR 15 days
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PLUS 60 days
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PLUS 120 days
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Fine
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$685 to $5,000
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$925 to $5,000
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$1,725 to $5,000
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Court probation
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Up to 5 years
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Up to 5 years
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Up to 5 years
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License suspension
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90 days
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2 year revocation
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3 year revocation
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License probation
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5 years after reinst.
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5 years after reinst.
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5 years after reinst.
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Occupational license
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After 30 days with ignition interlock
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After 1 year with ignition interlock
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After 1 year with ignition interlock
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Ignition interlock
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1 year after reinst.
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1 year after reinst.
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1 year after reinst.
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Breath Test Over .15
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1st Offense
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2nd Offense
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3rd Offense
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Jail time
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2-365 days
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45-365 days
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120-365 days
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Non-suspended Jail
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2 days
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45 days
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120 days
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Electronic home monitor
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OR 30 days
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PLUS 90 days
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PLUS 150 days
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Fine
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$925 to $5,000
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1,325 to $5,000
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2,525 to $5,000
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Court probation
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Up to 5 years
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Up to 5 years
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Up to 5 years
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License suspension
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1 year revocation
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900 day revoc.
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4 year revocation
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License probation
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5 years after reinst.
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5 years after reinst.
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.5 years after reinst.
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Occupational license
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After 30 days with ignition interlock
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After 1 year with ignition interlock
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After 1 year with ignition interlock
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Ignition interlock
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1 year after reinst.
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1 year after reinst.
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1 year after reinst.
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Refusal
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1st Offense
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2nd Offense
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3rd Offense
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Jail time
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2-365 days
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45-365 days
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120-365 days
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Non-suspended Jail
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2 days
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45 days
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120 days
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Electronic home monitor
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OR 30 days
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PLUS 90 days
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PLUS 150 days
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Fine
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$925 to $5,000
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1,325 to $5,000
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2,525 to $5,000
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Court probation
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Up to 5 years
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Up to 5 years
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Up to 5 years
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License suspension
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2 year revocation
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3 years revocation
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4 year revocation
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License probation
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5 years after reinst.
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5 years after reinst.
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.5 years after reinst.
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Occupational license
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After 30 days with ignition interlock
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After 1 year with ignition interlock
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After 1 year with ignition interlock
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Ignition interlock
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1 year after reinst.
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1 year after reinst.
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1 year after reinst.
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Administrative Penalties Independent of Criminal Prosecution
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Breath Test .08 or Higher or Refusal
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1st Offense
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2nd Offense
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3rd Offense
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Mandatory license revocation
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90 days or if refusal then 1 year revocation
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2 year revocation
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2 year revocation
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- Kevin Donnelly:
Criminal cases are generally resolved one of three ways:
1. By Trial. If you chose to go to trial, you need an attorney
with trial experience.
2. By pretrial motion on a legal technicality. Often times
legal technicalities or search and seizure issues, if properly raised, will result in dismissal of
a case.
3. By plea through
negotiation with the prosecutor.
- Paul Eagle:
An attorney is a trained professional, with knowledge and experience, to help guide a litigant through what can be a very complicated and cumbersome process.
- Egan, James ">James Egan:
There is no blood alcohol calculator that is 100% accurate because of
the number of factors that come into play regarding the consumption and
reduction (burnoff) rates of different people. Factors include the sex
(male/female) of the drinker, differing metabolism rates, various
health issues, and the combination of medications that might be taken,
drinking frequency, amount of food in the stomach and small intestine
and when it was eaten, elapsed time, and others. The best that can be
done is a rough estimation of the BAC level based on known inputs.
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