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• Guadagno O'Sullivan: Driving Under the Influence ("DUI") in Washington State applies to any instance where a person operates a motor vehicle with a alcohol concentration of 0.08 or higher or while "under the influence of or affected by" alcohol and/or any drug. A "physical control" charge applies if a person is in actual physical control of a vehicle while under the influence of alcohol and/or any drug. Physical Control carries the same penalties as a DUI and the information contained on this website for DUI is generally also going to apply to the charge of Physical Control.
• Garret, Alfoster: Driving Under the Influence (DUI) in the State of Washington A. DUI Defense in Seattle and Washington State Washington has enacted an implied consent law. The implied consent law provides that every licensed driver within the state is considered to ahve given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has a reasonable suspicion of intoxication. In Washington, refusal to submit to such testing results in license suspension or revocation. A DUI (RCW 46.61.502) is a gross misdemeanor with maximum penalties of up to 1 year in jail and a $5000.00 fine. DUI convictions have mandatory minimums (RCW 46.61.5055). This means if convicted of a DUI and depending upon your criminal history, there are absolute minimum penalties that you will be forced to comply with. You need an aggressive, experienced and diligent attorney to assist you in understanding what you are facing. You want an attorney who is going to do everything possible to prevent the conviction or at a minimum lessen the penalties you may face. There are other penalties that a DUI can have. For example, if you are not a US citizen, a DUI conviction could lead to your deportation. You need an attorney like Alfoster Garrett, Jr. to warn you of such penalties and make sure that everything possible is done to prevent such penalties. B. The Department of Licensing The criminal charge and penalties associated with any conviction are not the only problems. In Washington, your privilege to drive is also at risk. As soon as you are charged with a DUI, the Department of Licensing (ÓDOLÓ) begins and administrative action to remove your right to drive. You have 30 days from the date you receive notice from the DOL to request a hearing or you waive the right to challenge the administrative action and your license will be revoked for 90 days or more. Additionally, even if you are successful in preventing the DOL from suspending your license, the DOL can subsequent to any criminal charges take further action against your license. A DUI in Washington, just like many other states, is an extremely serious offense that has become more complicated to defend. Each year there are new changes to DUI laws because of the need to protect the public from drunk drivers, reflecting the legislatures intent to make drunk driving a serious crime. It only makes sense that you hire someone who is knowledgeable and continually monitors the changes that occur. Our firm is experienced, knowledgeable and monitors the advance sheets and opinions staying updated on changes in the law. C. The BAC (Óbreath testÓ) WashingtonÕs DUI Statute (RCW 46.61.502) provides in part: (1) A person is guilty of driving while under the influence (DUI) of intoxicating liquor or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by an analysis of the personÕs breath or blood made under RCW 46.61.506; OR (b) While the person is under the influence of or affected by intoxicating liquor or any drug. This language means that not only can you be charged with a DUI for a blood alcohol level of 0.08 or higher but you can also be charged with a DUI if as under (b) above you are demonstrating signs of being affected by intoxicating liquor or any other drug, even when your blood alcohol level is under 0.08! The prosecutor only has to prove that you were Òappreciably affected.Ó Nuisances like these in the law make it important to hire an attorney that understands how to navigate through the complexities. D. FEES Many people choose an attorney based upon the lowest fee as opposed to quality, experience and service. Although the cost can be relatively expensive you should remember that the lowest quoted fee may not necessarily be in your best interest. In every aspect of life, YOU GET WHAT YOU PAY FOR! Recall the many times you have said to yourself, ÒI should have bought the other oneÓ after the product you purchased didnÕt last as long or wasnÕt as good as the slightly more expensive one. Are you willing to put your freedom and driving privileges in the hands of an attorney simply because he is the cheapest? The cost of legal defense depends upon what amount of work is required in your case. All cases arise out of a specific and unique set of facts. Therefore, it is difficult to determine the exact cost until after we have discussed the case thouroughly.
• Bob Goldsmith: What should I do if I am arrested for a crime? 1. Remain calm. 2. Ask for a lawyer. 3. Provide your name and identification only. 4. Do not answer any questions about the case. 5. Ask for a lawyer at every opportunity. What should I do if I'm arrested for driving under the influence? 1. Remain calm. 2. Ask for a lawyer. 3. Provide your name and identification only. 4. Do not answer any questions about the case. 5. You are not required to perform any tests at the scene. 6. Ask for a lawyer upon arrival at the station. 7. Speak to a lawyer before deciding about the breath test. 8. If no lawyer available before breath test at station, take the breath test if you have a valid license. What happens at the first court appearance (intake) for misdemeanors? If the crime is a DUI or domestic violence misdemeanor, you must appear for the arraignment. That is the court appearance at which the charge is formally presented or read and invariably the plea is not guilty. Bail may also be argued at the hearing. Do not waive any rights, including your right to a jury trial, at arraignment. A waiver of any rights should only be done after consulting a lawyer. If the charge is a different misdemeanor, the arraignment may be waived by a lawyer, if you have one in advance of the arraignment date. A person arrested and booked in the jail for a misdemeanor will usually appear on the next business day for arraignment and bail hearing. What happens during a felony arrest? If you are arrested and booked for a felony in a state case, the first appearance is usually at what is called an Òinvestigation calendar.Ó The purpose of that court appearance is for a judge to determine if there is probable cause to hold you in jail or require bail, and if so, to set bail. In most courts, the judge makes the probable cause determination based upon a sworn police statement which summarizes the charges. It is a very low threshold and the court assumes the allegations are true. In a small number of cases, a court will find no probable cause. After probable cause is determined, then the lawyers can argue for bail or for a personal recognizance (PR) release. A PR release is a simple, signed promise by the arrested person to return to court. Whether the arrested person is released or not, the court will then set a second appearance date, which will be within 72 hours of the booking time in the jail. (Weekends and holidays do not count in the 72 hour rule.) Arrested people who are not released from jail must have a charge filed by the prosecutor by 4:30 p.m. of the second appearance date, or be released from jail that day. In King County, people who have not been released following the first court appearance are usually not brought back to court for the second appearance. However, people who are released must return to court for the second appearance. At that second hearing, they are either informed that charges have been filed and they must come back to court for arraignment, or they are released outright. For those still in jail, the court frequently reads a list of those who will be released later that day and those who will stay to face filed charges. NOTE: an outright release DOES NOT MEAN THE CASE IS OVER. All it means is the prosecutor did not file the charge within 72 hours of booking. The prosecutor can still file charges within the statute of limitations, which can be a few years or without limit, depending on the crime. What happens if I am arrested for federal charges? If you are arrested for federal charges, you will be brought to federal court the next business day for your first appearance. At that hearing, the court decides if the complaint containing the allegations establishes probable cause. If so, bail may be argued. However, in many federal cases (e.g., drugs, firearms, bank robbery) the prosecutor can move for detention, and no bail hearing is held for at least 3 days. The arrested person is then held at the Federal Detention Center at SeaTac until that time. Most federal charges are based on indictments handed down by a 23 person grand jury. The accused and/or lawyer for the accused normally has no opportunity to appear before that grand jury. If a person is arrested and held on a complaint, a preliminary hearing is set. However, they rarely occur since they are cancelled when the government obtains an indictment. Thereafter, an arraignment occurs. That is when the charge is formally presented or read and invariably the plea is not guilty. What happenes at a bail hearing? Whether a person is in city, state or federal court, bail issues are very similar. All Courts look at: the criminal record, if any; the record a person has of showing up to court in the past (e.g., ÒFTAÕs,Ó failures to appear are bad); ties to the communityÑincluding family, job, education, and length of residence; and the nature of the criminal charges. It never hurts to have family, friends, references and other material in court to support bail reduction or a personal recognizance release.
• Ryan Garvy: Last year, over 44,000 DUI/DWI charges were filed in Washington State alone. Unfortunately, DUI/DWI cases have become a significant source of revenue generation for local and state agencies within Washington. Additionally, with the help of aggressive lobbying and a climate of zero tolerance drinking and driving legislation, the Washington State Legislature has made the offense of DUI/DWI one of the most serious offenses that a citizen can be charged with. Mandatory sentencing guidelines have been imposed that make a charge of drunk driving a potentially life-altering experience.
• Ron Gomes: Washington DUI laws are complicated and the penalties for a conviction are severe. DUI cases are a unique blend of science and law. If you have been charged with a DUI, you are probably undergoing the most stressful and terrifying time of your life.

  DUI Process Explained

  A Washington DUI is a two-sided charge: criminal on one side and civil on the other side. Therefore, there are two separate proceedings that result from one dui arrest. Different government offices file each proceeding and they have different procedures, standards and penalties.
  
  The Civil Side
  
  The first thing is to deal with is the Administrative License Revocation (ALR). It's the civil (non-criminal) side of a DUI that is administered by the Department of Licensing (DOL). You must take action within 30 days of your arrest on the ALR or you will lose your right to contest it.
  
  Currently under Washington law, all drivers arrested for DUI or physical control who either blow .08 or above or refuse the test, face two ways of losing their driving privileges: Both a DOL administrative hearing and a criminal charge can lead to driver's license suspensions, and each action is independent of the other.
  
  Under the Implied Consent Law (RCW 46.20.308), whenever a DUI arrest occurs, the DOL issues an order of suspending of the driver's license for from 90 days to three years (depending on the driver's history). Should the driver be subsequently convicted of DUI, there is an additional suspension (again, the length is dependent upon the facts of the case and the defendant's history), although the suspensions may run concurrent depending on the timing of each.
  
  The Implied Consent Law does provide a right to a hearing on the DOL suspension. This leaning must be requested in writing within 30 days of the arrest. When the officer punches a hole in your license and/or gives you a Hearing Request Form, that is notice that you have 30 days to request a DOL Hearing. You have 30 days from the date of your DUI arrest to request a hearing with the DOL in most cases. The form should have been given to you by the officer, if not you can find a form on the DOL website, or you can request a hearing directly here.
  
  There are four issues be decided at the hearing:
  
  1. Whether the petitioner was placed under lawful arrest;
  
  2. Whether the police officer had reasonable grounds to believe the petitioner had been driving or was in actual physical control of a motor vehicle within the state while under the influence of intoxicating liquor or any drug;
  
  3. Whether the petitioner was advised of the right to refuse the breath or blood test; of the right to have additional tests administered by any qualified person of his or her choosing as provided by RCW 46.61.506; that his or her license, permit or privilege to drive would be revoked or denied if he or she refuses to submit to the test; that the license, permit or privilege to drive would be suspended, revoked, or denied if the test is administered and indicates an alcohol concentration above the legal limit; and that a refusal to take the test may be used in a criminal trial; and,
  
  4. Whether the petitioner refused to submit to the test of breath and/or blood or, if the test was administered, whether the results were a at the legal limit or above (.08 for persons age 21 or over; .02 for persons under 21), and that the test was conducted in accordance with the methods approved by the Washington State Toxicologist as found in Chapter 448-13, and or Chapter 448-14, Washington Administrative Code.
  
  As you can see, Washington State has declared driving a privilege, NOT a right.
  
  Further, the Court may also revoke your license. (They may also fine or jail you, but more on that later.)
  
  Is ALR different from court?
  
  There are both civil and criminal sides to a DUI charge. The criminal penalty may involve fines or jail time, and it is handled by the court system. The ALR is a civil hearing conducted by a DOL Hearing Officer. It is not in a courtroom; the hearing is usually held over the telephone and based on the police report alone (although the officer may be subpoenaed at the driver's request). This is a critical hearing, as it will determine whether you will keep or lose your license from the civil side.
  
  If I lose my license, can I get a work permit?
  
  I can work through the DOL to get a Temporary Restricted Driver's License (commonly referred to as an occupational license) for you if your license is revoked for 90 days or longer under ALR. No temporary license is available for the first 30 days. There are other restrictionss and conditions, which can be viewed at http://www.dol.wa.gov/ds/ordl.htm. First, we will focus on winning the DOL hearing. If necessary, I can talk to you more about temporary licenses should the time come.
  
  Can I do the DOL hearing alone or do I have the right to an attorney?
  
  Yes, you can do the hearing alone. However, there are procedures and rights your attorney can invoke which may give you a better result. You do have the right to an attorney at the hearing, fighting on your behalf, however the attorney is at your own expense. An attorney will not be provided for you by the State.
  
  What laws apply?
  
  For those VERY interested in reading boring law, the DOL hearings is governed by the Revised Code of Washington (RCW) statutes at Chapter 46.20 and Washington Administrative Code (WAC) Sections 308-103-010 through 308-103-190 (Related DUI statutes are found at Washington Revised Statutes Sections 60-6,196 through 60-6,211.08.)
  
  What is the purpose of the hearing?
  
  You must show, by a preponderance of the evidence, why your license should be restored to you.
  
  There are four issues to be addressed at the hearing.
  
  1. Whether the petitioner was placed under lawful arrest;
  
  2. Whether the police officer had reasonable grounds to believe the petitioner had been driving or was in actual physical control of a motor vehicle within the state while under the influence of intoxicating liquor or any drug;
  
  3. Whether the petitioner was advised of the right to refuse the breath or blood test; of the right to have additional tests administered by any qualified person of his or her choosing as provided by RCW 46.61.506; that his or her license, permit or privilege to drive would be revoked or denied if he or she refuses to submit to the test; that the license, permit or privilege to drive would be suspended, revoked, or denied if the test is administered and indicates an alcohol concentration above the legal limit; and that a refusal to take the test may be used in a criminal trial; and,
  
  4. Whether the petitioner refused to submit to the test of breath and/or blood or, if the test was administered, whether the results were a at the legal limit or above (.08 for persons age 21 or over; .02 for persons under 21), and that the test was conducted in accordance with the methods approved by the Washington State Toxicologist as found in Chapter 448-13, and or Chapter 448-14, Washington Administrative Code.
  
  It is my job to represent you at this hearing, armed and ready to get your license back. As I stated before, many attorneys do not even believe in going to this hearing. I request it every time and win a decent share of them.
  
  What is a Hearing Officer?
  
  The Hearing Officer is a lawyer appointed by the DOL to conduct administrative hearings.
  
  Do I have to take the hearing date assigned to me or can I ask for a different date?
  
  Yes, the DOL may continue the hearing until a later date if there is a good reason. You would have my office move the date if it was not convenient for you. If granted, your temporary license will not be extended, even if the hearing takes place after it expires at the end of thirty days.
  
  How is the hearing conducted?
  
  The hearing is tape recorded for an official record. The Hearing Officer will open the hearing, state the names of those present and explain the purpose of the hearing. The Hearing Officer will also: 1) Determine the order of presentation of evidence; (2) Administer oaths and affirmations; (3) Issue subpoenas pursuant to RCW 46.20.308(8); (4) Rule on procedural matters, objections, and motions; (5) Rule on offers of proof and receive relevant evidence; (6) Order the exclusion of witnesses upon a showing of good cause; (7) Afford the petitioner the opportunity to respond, present evidence, conduct cross-examination, and submit rebuttal evidence. The hearing officer may question witnesses to develop any facts deemed necessary to fairly and adequately decide the matter; (8) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by the petitioner; (9) Examine the official records of the department; (10) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing; (11) Permit or require oral argument or briefs and determine the time limits for submission thereof; (12) Issue an order of default; (13) Recess the hearing to a later time to accommodate scheduling conflicts. Hearings are ordinarily scheduled to be one hour in length; (14) Take any other action necessary and authorized by any applicable statute or rule; and (15) Waive any requirement of these rules unless petitioner shows that he or she would be prejudiced by such a waiverthe Notice of Hearing sent to you;
  
  I will have the opportunity to review the exhibits and object to any on legal grounds. We may offer our own exhibits. The Hearing Officer will decide if they are relevant and material and rule on whether they may be entered.
  
  If we call any witnesses on your behalf, the Hearing Officer will have the arresting officer testify about the arrest. I will then ask questions of each witness. After the department's witnesses have testified, we present our side of the case.
  
  What happens after the hearing?
  
  The Hearing Officer will make the final decision. The decision will be mailed to you and me by certified mail about two weeks after the hearing.
  
  If the ruling is in our favor, your license will not be revoked.
  
  If we lose, your license will be revoked for the applicable amount of time. We have the opportunity to appeal the decision to the Superior Court (we can discuss this option if the need arises).
  
  The Criminal Side
  
  The second "case" if you will is that filed by the criminal courts. The police officer sends reports to the prosecutor's office who file the actual criminal charges. The charges filed by prosecutors may be the same or entirely different from those written on the citation. There are several stages to a criminal proceeding, which I have outlined below.
  
  1. The Bond
  
  A bail bond is ordinarily the only means by which a defendant will be released before his/her trial date. Simply put, a bail bond is a sum of money that must be deposited with the court before a defendant will be released. That sum guarantees the defendant's presence at following court dates. If the defendant fails to honor the conditions of his/her bail bond, the money deposited to the court will be forfeited. A defendant may also be released on his/her own recognizance, where his/her signature guarantees that person's return for hearings. This amount is refundable when the defendant complies with the requirements of his bail/bond, that is, attend court when he/she is summoned. Most juveniles are released to the custody of their parents. In all other offenses, the amount of bail/bonds varies widely.
  
  The purpose of a bail bond is twofold: (1) to insure that a defendant will appear in court, and (2) insure the safety of the defendant and the community. Thus, if a defendant is from out of state, one could expect a larger bail bond to insure his/her presence in court when their trial date arrives. The more serious the charge is, the more danger the defendant represents to the community; thus the higher the bail bond.
  
  2. Arraignment:
  
  You are required to appear in court within one judicial day after your arrest if were served with a citation or complaint at the time of the arrest, except in certain jurisdictions which are exempt from the "one day" requirement. This is an important point. If the officer did not serve you with a citation, this mandatory appearance must occur within fourteen days after the DUI charge is filed against you in court. However, if you are reading this after a DUI arrest and you received a citation, you might face court tomorrow, even if "tomorrow" is a Saturday. Check the citation for a court date and address. Don't miss this mandatory court, or a bench warrant will issue for your arrest. At this mandatory "first appearance" the court will consider whether to impose conditions on your liberty including posting of bail, attendance at alcohol treatment and AA meetings, and even whether to require you to install an ignition interlock device in your car. In addition to the setting of conditions of pretrial release, the judge will ask you to enter a plea of "guilty" or "not guilty" to the charge and to indicate whether you require a trial by judge or by jury. Your first court hearing can dramatically affect your liberty even before any determination has been made on the issue of guilt or innocence. It is wise to be represented by an experienced DUI defense attorney at this hearing.
  
  3. Pre-Trial Motions:
  
  There are several pretrial motions that can be filed to assert certain rights. A partial list is as follows:
  
  Motion for Discovery- A motion filed to make the State produce certain documents such as police reports, calibration records for the breath testing machine, video tape, audio tape, or other documents.
  
  Motion to Produce - Washington law requires the State to produce evidence upon which scientific tests were run and which are intended to be offered as evidence against you. This usually applies to blood or urine in a dui case. The State must produce the evidence so that you may have independent tests run on the sample, if you chose. However, often a sample is lost or not kept. If this is the case, the State may also not be able to use its test against you because it cannot be challenged.
  
  Motion to Suppress - The officer must have a valid, explainable reason to pull over your vehicle. In order to stop a person and invade his or her privacy, the law requires that the officer have a particular reason amounting to suspicion of an illegal activity. Further, it requires that he be able to explain his reasons and be tested on their validity by you. Many traffic stops are made without a proper reason. If the Court rules that the stop was unjustified, then all evidence obtained as a result of that stop cannot be used against you at trial.
  
  Each of these motions would be set for hearing by the Court prior to your trial date. The outcome of most dui cases are determined at these hearings.
  
  4. Trial:
  
  The trial is the proceeding familiar to most people. We have all seen trials by Perry Mason, Matlock and Law & Order. However, most of these television shows are very unrealistic as far as trial procedure and the rules of evidence. I have never personally seen a witness confess to murder under intense cross-examination by any lawyer. However, good cross-examination skills can make the difference in the outcome of your trial. A trial has several distinct phases as follows:
  
  Opening Statement: The State and then your lawyer are allowed several minutes to address the jury or judge and tell them what he or she expects the evidence to show.
  
  The State's Case: The State then has to put on evidence that you committed a crime. Each witness is called and asked questions by the prosecutor. Then your attorney may cross-examine the witness. The State can ask redirect questions after your attorney is finished. Occasionally the judge may ask questions of the witness, especially if jury trial is waived.
  
  Half Time: After the State puts on all its evidence, they rest. The judge considers whether they put on enough evidence of each charge. If not, the charge is dismissed.
  
  Defense Evidence: The Defendant now has an opportunity to call witnesses and present evidence. The State has the right to ask your witnesses questions. At the end of your evidence, you rest.
  
  Closing Statements: Each side has the right to summarize what they think the evidence showed and how the evidence and law should be applied.
  
  After each stage of the trial, the jury or court renders its decision. If a guilty verdict is returned, we proceed to sentencing.
  
  The second possibility on trial day is a plea. This is usually the result of plea-bargaining between the state and the defense. The defendant agrees to plea to a charge or charges, in exchange for a lenient recommendation by the State during sentencing. Many cases in the State of Washington, in fact most cases, are resolved this way. An important note: a judge is not bound by the plea negotiations between the defense and the State. A judge will go along with the recommendation of the State nine times out of ten, but the judge is not required to. In some cases, the judge will allow the defendant to withdraw his//her guilty plea if the judge's sentence far exceeds the recommendation by the State.
  
  5. Sentencing:
  
  The Court imposes a sentence after a conviction at trial. The possible penalties for a Washington DUI are as follows:
  
  
  

  First DUI Conviction   BAC less than .15% OR no test result BAC .15% or higher OR test refusal Jail time minimum Or Electronic Home Monitoring (EHM) 24 hours consecutively or 15 days EMH 48 hours consecutively or 30 days EMH • Jail time maximum One year One year • Fines & Fees $823 to $5,000 $1,015 to $5,000 • License suspension 90 days 1 - 2 years • Ignition Interlock One year after suspension One year after suspension • Alcohol/drug assessment Yes Yes • Probation Five years Five years Second DUI Conviction   BAC less than .15% OR no test result BAC .15% or higher OR test refusal • Jail time minimum 30 days consecutively 45 days consecutively • Jail time maximum One year One year • Electronic Home Monitoring (EHM) 60 days 90 days • Fines & Fees $1,015 to $5,000 $1,405 to $5,000 • License suspension Two years 900 days - 3 Years • Ignition Interlock Five years if previously restricted Five years if previously restricted • Alcohol/drug assessment Yes Yes • Probation Five years Five years Third DUI Convicton   BAC less than .15% OR no test result BAC .15% or higher OR test refusal • Jail time minimum 90 days consecutively 120 days consecutively • Jail time maximum One year One year • Electronic Home Monitoring (EHM) 120 days 150 days • Fines & Fees $1,805 to $5,000 $2,605 to $5,000 • License suspension Three years Four years • Ignition Interlock Ten years if previously restricted for five Ten years if previously restricted for five • Alcohol/drug assessment Yes Yes • Probation Five years Five years

  
  6. Post Sentencing
  
  A defendant has ten days to request a new trial, and thirty days to file an appeal. Appeals from District or Municipal Court go to the County Superior Court and are heard relatively quickly.