Seattle DUI Lawyers J-Z
- Webb, Nathan:
Driving Under the Influence (DUI)
DUI Defense in Seattle and Washington State
DUI (RCW 46.61.502) is a gross misdemeanor with maximum penalties of up to 1 year in jail and a $5000.00 fine. There are absolute, statutory, mandatory minimum penalties for those convicted of DUI. You need an experienced advocate to represent you if you have been charged with DUI in Washington State. Call today if you have been arrested for DUI in Seattle, Bellevue, Lynnwood, Redmond, Everett, Tacoma or anywhere throughout western Washington State. More Information
DUI Immigrant Status
If you are not a United States citizen, you could be deported if convicted of DUI. Put Seattle, Washington DUI attorney Nathan Webb to work for you, and ensure your status in this country is not affected.
DUI and Your Drivers License
Your privilege to drive is also at stake and the Department of Licensing (DOL) action against you starts as soon as you have been arrested for DUI. Regardless of whether criminal charges have been filed, you could lose your license for 90 days or more if you do not take immediate action. You may also be subject to ignition interlock requirements and SR-22 (high risk) automobile insurance.
Driving Under the Influence (DUI) is an extremely serious offense that is becoming more complicated to defend with each passing year in Washington. You need an attorney who is aware of all the new changes in laws regarding DUI and keeps up with these changes on a regular basis.
DID YOU KNOW? You can even be charged with DUI if your BAC ("breath test") is below .08!
Washington's 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
(b) While the person is under the influence of or affected by intoxicating liquor or any drug.
This means that a prosecutor only has to prove that you were "appreciably affected," that is, affected to any measurable degree.
- Sedney, James:
If you have been pulled over for drunk driving in the state of Washington you will want to consult an attorney right away. Just because you did not receive a citation for drunk driving does not mean you will not be charged later.
- Shadid, Damon:
For many people charged with Driving Under the Influence, it is the first and only time they will ever come into contact with law enforcement. Despite this, the law treats such people as if they are the most serious of criminals. Loss of driver's license, mandatory jail time, and huge fines are just a few of the consequences if you are convicted of DUI. The government's case starts from the moment you are pulled over in your car! When charged with Driving Under the Influence, you need to have an attorney in your corner who will fight for your rights from the start and make sure you are protected.
- DUI Overview
Each year in the United States, almost two million people are arrested for Driving Under the Influence or, as we used to call it, Driving While Intoxicated. And each year countless millions of Americans drink too much and drive but manage not to get arrested for it. Others may drive while under the influence of prescription or illegal drugs, which is also considered a DUI offense. For those unlucky enough to be arrested and charged, facing a DUI in Washington is like living out your worst nightmare.
A DUI is an unusual offense because you can be arrested and charged with it even though you didn't violate any traffic laws. You might be driving perfectly well, abiding by the rules of the road, and yet be pulled over for a broken taillight or other traffic infraction. You may cross the "fog line" a time or two when rounding a bend. You may be changing a flat tire when an officer decides to stop and help you out. Or perhaps someone rear ends you and causes an accident, and you have to remain at the scene until police arrive.
duiOnce the officer approaches you and smells even a hint of alcohol, you may well be on your way to being charged with DUI. The officer will make observations about your physical co-ordination, claim you had slurred speech and watery eyes, and request that you take a series of physical dexterity tests called Field Sobriety Tests. If the officer feels you've failed these "tests", you will likely be arrested and taken to the station to blow into a machine called a BAC Datamaster, which measures the level of alcohol in your blood through breath samples. If your BAC Level is 0.08 or above, you are presumed by law to be an impaired driver and will almost surely be charged with DUI.
There are two other related offenses that fall under the umbrella of DUI.
Additional Info
* Penalties Chart for DUI's in WA
* Blood Alcohol Content Calculator
* Misdemeanor & Felony
* Contact Robert McKay & Associates
First, a person is alleged to have committed the crime of Physical Control when that person is in actual physical control of a motor vehicle while under the influence of alcohol or drugs. This offense applies to drivers who are behind the wheel of a vehicle or otherwise in control of it even though it is not moving.
Second is the offense of being a person under 21 years of age arrested for either driving or being in physical control of a motor vehicle with a BAC Level of 0.02 or above. In Washington, we cut minors no slack when it comes to alcohol and driving. It is a crime for them to drive with one quarter the BAC level of an adult.
- Lovik & Juhl:
Q1. The officer who stopped me for DUI punched a hole in my driver's license. Was my license suspended immediately after I was stopped for DUI?
No. The paperwork the officer gave you is your notice of the Department of Licensing's intent to suspend, revoke, or deny your license, permit, or privilege to drive.
You have every right to challenge this suspension with the DOL, but you must remember that you only have 30 days from the date of arrest to request an administrative hearing. Even if you have not received information regarding a criminal case against you, it is important that you invoke your right to challenge the DOL's intended license suspension. It is recommended that you contact a DUI Attorney immediately to discuss your options.
Q2. If I am convicted of DUI, will I have to go to jail?
In Washington state, the law places mandatory minimums on sentencing for a DUI conviction. Even for a first DUI conviction, you will be required to spend 1 day in jail if your BAC level was below .15 percent, or if your case is one where you did not submit a breath test, yet did not refuse the breath test. A first time DUI offender faces even stiffer mandatory minimums if convicted of DUI with a BAC level above .15 percent, or if they refuse to submit a breath sample. In those cases, there is a minimum sentence of 2 days in jail.
You can read more about the penalties for DUI here. [link to our DUI penalties page]
Q3. I was stopped for DUI, but the officer never told me when I have to appear in court. Will I be charged?
The fact that the officer never gave you a date to appear in court does not mean that you will not be charged for DUI. In these circumstances, the officer will likely forward the arrest information to the prosecutor's office, and you will be sent a notice from the court about when and where to appear.
It is important that you contact a DUI Attorney after you have been stopped for DUI, regardless of whether or not you have been issued a court date. Not only will a DUI Attorney be able to answer your questions, hopefully setting your mind at ease, but there are important time deadlines that must be considered after a stop for DUI. For example, in Washington you only have thirty days after notification of a driver's license suspension to challenge the suspension.
Q4. What is an Ignition Interlock Device? Will I have to get one in my car if I get a DUI?
An Ignition Interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a particular pre-set limit. The device is located inside the vehicle, near the driver's seat, and is connected to the engine's ignition system.
If convicted of DUI, a person must install an Ignition Interlock Device in their car for a minimum of one year from the time they are eligible to reinstate their driver's license. Under certain circumstances, such as when a person seeks to obtain an occupational restricted license, an Ignition Interlock Device may also be required. These are Washington state requirements, so they will affect a driver whether he/she is convicted of a Redmond DUI, Edmonds DUI, Lynnwood DUI, Kent DUI, or any other Washington District or Municipal Court.
Q5. How long will a DUI conviction stay on my record?
Unfortunately, Washington state law does not allow for a DUI to be vacated, or expunged, from your record. RCW 9.96.060 provides, in pertinent part, that: An [person] may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if...the offense was a violation of RCW 46.61.502 (driving while under the influence), or 46.61.504 (actual physical control while under the influence)
Q6. Will the cost of my car insurance increase after a DUI?
It's possible. The cost of your car insurance will be a decision made by your particular car insurance carrier. You should note, though, that if convicted of DUI, you will required to obtain SR-22 insurance.
- Lux, David:
Understanding Blood Alcohol Content in a Washington DUI Case.
The following information is provided by the National Highway Traffic Safety Administration (NHTSA).Ê NHTSA is the primary federal government agency responsible for providing training, statistics and other information to states regarding Driving Under the Influence (DUI).Ê
The following information is provided to law enforcement officers here in Washington State, as they are trained using the same NHTSA guidelines regarding Blood Alcohol Concentration (BAC).
Here is NHTSAÕs basic guide to understanding Blood Alcohol Concentration and Alcohol Impairment.
Ê
Question: What is ÒBACÓ?
Answer: According to NHTSA, ÒBAC is the amount of alcohol in a personÕs body is measured by the weight of the alcohol in a certain volume of blood.ÓÊ This is called the blood alcohol concentration, or ÒBAC.Ó
Alcohol is absorbed directly through the walls of the stomach and the small intestine, goes into the bloodstream, and travels throughout the body and to the brain.
Alcohol is quickly absorbed and can be measured within 30 to 70 minutes after a person has had a drink.
Ê
Question: Does the type of alcohol I drink affect my BAC?
Answer: NHTSA is adamant that the type of alcohol that you drink does not affect your BAC.Ê In their words, ÒA drink is a drink, is a drink.Ó
According the NHTSA, Êthe ÒtypicalÓ drink equals about on half an ounce of alcohol (.54 ounces, to be exact). This is the approximate amount of alcohol found in:
¥ one shot of distilled spirits, or
¥
¥ one 5-ounce glass of wine, or
¥
¥ one 12-ounce beer.
¥
Ê
Question: What affects my BAC?
Answer: According to NHTSA, how fast a personÕs BAC rises and falls varies with a number of factors:
¥ The number of drinks is obviously critical. The more you drink, the higher your BAC.
¥
¥ How fast you drink is also important. When alcohol is consumed quickly, you will reach a higher BAC than when it is consumed over a longer period of time.
¥
¥ Gender is another critical factor. Women generally have less water and more body fat per pound of body weight than men. Alcohol does not go into fat cells as easily as other cells, so more alcohol remains in the blood of women. As a result, women typically need to drink less alcohol to reach the same BAC as men.
¥
¥ A personÕs weight is also important. The more you weigh, the more water is present in your body. This water dilutes the alcohol and lowers the BAC.
¥
¥ Finally, the food in your stomach is also a factor. Alcohol absorption will be slowed if youÕve had something to eat.
¥
Ê
Question: What about other medications or drugs?
Answer: Medications or drugs will not change your BAC. However, if you drink alcohol while taking certain medications, you may feel Ð and be Ð more impaired, which can affect your ability to perform driving-related tasks.
Question: When am I impaired?
Answer: Because of the multitude of factors that affect BAC, it is very difficult to assess your own BAC or impairment. Though small amounts of alcohol affect oneÕs brain and the ability to drive, people often swear they are ÒfineÓ after several drinks Ð but in fact, the failure to recognize alcohol impairment is often a symptom of impairment.Ê
While the lower stages of alcohol impairment are undetectable to others, the drinker knows vaguely when the ÒbuzzÓ begins. A person will likely be too impaired to drive before looking Ð or maybe even feeling Ð Òdrunk.Ó
Ê
Question: How will I know IÕm impaired, and why should I care?
Answer: Alcohol steadily decreases a personÕs ability to drive a motor vehicle safely. The more you drink, the greater the effect. As with BAC, the signs of impairment differ with the individual.
In single-vehicle crashes, the relative risk of a driver with BAC between .08 and .10 is at least 11 times greater than for drivers with a BAC of zero, and 52 times greater for young males. Further, many studies have shown that even small amounts of alcohol can impair a personÕs ability to drive.
Every State has passed a law making it illegal to drive with a BAC of .08 or higher. A driver also can be arrested with a BAC below .08 when a law enforcement officer has probable cause, based on the driverÕs behavior.
The following chart contains some of the more common symptoms people exhibit at various BAC levels, and the probable effects on driving ability:
Blood Alcohol
Concentration (BAC)1
Typical Effects
Predictable Effects on Driving
.02%
¥ Some loss of judgment
¥
¥ Relaxation
¥
¥ Slight body warmth
¥
¥ Altered mood
¥
¥ Decline in visual functions (rapid tracking of a moving target)
¥
¥ Decline in ability to perform two tasks at the same time (divided attention)
¥
.05%
¥ Exaggerated behavior
¥
¥ May have loss of small-muscle control (e.g., focusing your eyes)
¥
¥ Impaired judgment
¥
¥ Usually good feeling
¥
¥ Lowered alertness
¥
¥ Release of inhibition
¥
¥ Reduced coordination
¥
¥ Reduced ability to track moving objects
¥
¥ Difficulty steering
¥
¥ Reduced response to emergency driving situations
¥
.08%
¥ Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing)
¥
¥ Harder to detect danger
¥
¥ Judgment, self-control, reasoning, and memory are impaired
¥
¥ Concentration
¥
¥ Short-term memory loss
¥
¥ Speed control
¥
¥ Reduced information processing capability (e.g., signal detection, visual search)
¥
¥ Impaired perception
¥
.10%
¥ Clear deterioration of reaction time and control
¥
¥ Slurred speech, poor coordination, and slowed thinking
¥
¥ Reduced ability to maintain lane position and brake appropriately
¥
.15%
¥ Far less muscle control than normal
¥
¥ Vomiting may occur (unless this level is reached slowly or a
person has developed a tolerance
for alcohol)
¥
¥ Major loss of balance
¥
¥ Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing
¥
1 Information in this table shows the BAC level at which the effect usually is first observed, and has been gathered from a variety of sources including the National Highway Traffic Safety Administration, the National Institute on Alcohol Abuse and Alcoholism, the American Medical Association, the National Commission Against Drunk Driving, and www.webMD.com.
Question: What can I do to stay safe when I plan on drinking?
Answer: If you plan on drinking, plan not to drive.Ê You should always:
¥ Choose a non-drinking friend as a designated driver, or
¥
¥ Ask ahead of time if you can stay over at your hostÕs house, or
¥
¥ Take a taxi (your community may have a Safe Rides program for a free ride home), and
¥
Always wear your safety belt Ð itÕs your best defense against impaired drivers.
- Johnson, Andrew:
Operating while under the Influence is responsible for a large number of deaths, injuries, damage and accidents every year.
driving under the influence per se or drunk in charge of a vehicle, is the act of operating a motor vehicle after having consumed alcohol or other drugs, to the degree that mental and motor skills are impaired. driving while intoxicated (DWI), is the act of operating a motor vehicle after having consumed alcohol or other drugs, to the degree that mental and motor skills are impaired. Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended.
Is my license valid?
You can represent yourself, but remember that the Drivers Licensing hearing examiner on the other end of the phone is usually a trained lawyer who in many cases acts as both the prosecutor and judge. They can take away your license after a criminal DUI trial. Arguments for the defense need to be very compelling to succeed.
What is SR-22?
Simply, it is a form which must be filed by the insurance company to the state (Department of Motor Vehicles) stating that auto liability insurance is in effect for a particular individual. An SR-22 is an official documentation required to redeem a suspended drivers license and get your car registered at the local DOL (DMV). A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on your driving privilege. The most common reason for an SR22 filing is when you are arrested for Driving Under Intoxication (DUI) or Driving While Intoxicated (DWI). The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason. An SR-22 is a document required as proof of financial responsibility by the court or under state law for persons convicted of certain traffic violations. SR-22 insurance varies state to state.
What is Electronic Home Detention (EHD)?
Penalties for Driving while under the Influence commonly include incarceration, fines, driver's license suspension or revocation, mandatory attendance at DUI schools, community service, probation and, increasingly, installation of a Ignition interlock device. All crimes in the state are defined by what the maximum possible penalty a judge could impose for such a crime. For driving under the influence per se or drunk in charge of a vehicle, the factors that are taken into consideration when determining mandatory minimum sentences include: the number of prior DUI (or the like) offenses in the last seven years and whether or not the individual took the breath test and what those results were or if they refused to take the breath test in the pending matter.
- Lutgen & Kirkham:
You canÕt trust your future to just any lawyer.
- James Kotlowski:
WashingtonÕs DUI 30-Day Absolute Rule
The clock starts ticking immediately!
In Washington, if you either refused to submit to the official breath test (BAC) at the station, or if you submitted and have a breath test of 0.08 or higher, the State will attempt to suspend your license or privilege to drive. In almost every case, this attempt happens BEFORE your trial or you are even charged with a DUI.
This happens AUTOMATICALLY within 60 days from the date of your arrest, unless you file an appeal with the Department of Licensing within 30 days of your arrest. Filing an "appeal" allows for a postponement and will stop a potential suspension pending a hearing to contest the suspension. If you fail to request a hearing within 30 days of your arrest you lose all right of appeal forever.
Remember this is a civil matter and the suspension will go into effect, regardless of whether or not the criminal charges against you are dropped or pursued.
- Simon Stocker:
WHAT YOU NEED TO KNOW NOW Do not discuss your arrest with anyone that doesn't need to know about it.
You have not been convicted of the charges and you are presumed to be innocent. Telling people about
your arrest may result in their making premature and/or unfair conclusions about you. In addition,
you may be given advice that is not in your best interest. An experienced criminal defense attorney
is in the best position to give you the proper advice and to discuss your case with you in
confidence. An arrest for DUI usually triggers two separate legal proceedings against you. The
Department of Licensing will begin an administrative action to suspend your driver license, and the
city or county prosecutors will file a criminal charge against you. You need an attorney that can
help you with both actions. You must take action as soon as possible to protect your rights. If you
fail to request a hearing from the department of licensing within the 30 day time limit, you will
have your license suspended and once you are eligible to get your license back you will be required
to first obtain high risk SR-22 insurance and to install an ignition interlock device on any vehicle
you drive. DEPARTMENT OF LICENSING
ADMINISTRATIVE ACTION If the officer punched your license and gave you papers regarding a license
suspension, you have only 30 days to request a hearing from the Department of Licensing. If you fail
to request a hearing within the time limit, you waive your right to challenge the suspension. It is
always in your best interest to challenge a suspension. Although these hearings are very
challenging, with the help of an experienced attorney, you can maximize your chances of avoiding the
license suspension. During the hearing, the State has the burden to prove four issues: ¥ Whether
you were under lawful arrest. ¥ Whether an officer had reasonable grounds to believe you had been
driving or was in actual physical control of a motor vehicle within this state while under the
influence of intoxicating liquor or any drug, or whether an officer had reasonable grounds to
believe you had been driving or was in actual physical control of a motor vehicle within this state
while having alcohol in your system of 0.02 or more and were under the age of twenty-one.
¥ Whether you were advised of your rights and warnings as required by RCW 46.20.308(2).
¥ Whether you refused to submit to the test, or if the test was administered, whether the test
indicated an alcohol concentration of 0.08 or more if you were age twenty-one or over, or 0.02 or
more if you were under twenty-one.
At times the Department of Licensing fails to meet the burden. This can happen when the police
report is not produced in its entirety or when the arresting officer has failed to document or
follow proper procedure. If you fail to exercise your right to a hearing or if you try to represent
yourself without the assistance of an attorney, youÕre not giving yourself the best opportunity to
avoid the following consequences: ¥ A license suspension of at least 90 days. ¥ Costly high
risk SR-22 car insurance for three years following reinstatement. ¥ Costly and embarrassing
ignition interlock device.
The length of the license suspension and requirements for SR-22 insurance and ignition interlock
device depend on the facts of the case and on your prior record, if any. If you would like to see a
chart showing a breakdown based on these factors please see the CIVIL PENALTY CHART.
In addition to the above administrative license penalties, your license may be suspended or revoked
based on a criminal conviction.Ê To see a breakdown of the License reinstatement requirements
following a conviction for certain criminal offenses please see the License Reinstatement Following
Criminal Conviction Chart. CRIMINAL PENALTIES A conviction for DUI carries severe penalties,
including mandatory jail, fines, a license suspension for at least ninety days, a requirement to
install and pay for an ignition interlock on any vehicle that you drive, an alcohol evaluation and
treatment lasting up to two years, attendance of a DUI victims panel and high risk SR-22 insurance.
The maximum amount of jail time that a court can impose is one year, and the maximum fine can be as
high as $5,000.00. However, in most cases a conviction will result in the imposition of the
mandatory penalties. These penalties depend on the facts of your case and on your prior record, if
any. If you would like to see a chart showing a breakdown based on these factors please see the
CRIMINAL PENALTY CHART.
HIGH RISK SR-22 INSURANCE If your license is suspended, you will be required to carry
high risk SR-22 insurance for three years after your license is reinstated. IGNITION INTERLOCK
DEVICE If you are convicted of DUI you will be required to install an ignition interlock device on
any vehicle you drive. This requirement will also apply if your license is suspended and you have
applied for an occupational license to allow you to go to work or school. If you drive a vehicle
that has not been equipped with an ignition interlock device while the requirement is in effect, you
can be arrested and charged with a new criminal violation. The court may also set a review hearing
in your DUI case and impose additional penalties.
- Nahajski Firm:
Over the past years drunk driving cases have encountered intense political, social, and media scrutinyÑwhether it be a professional athlete or politician accused of drunk driving, or the tragedy of a fatal accident. The social stigma attached to being accused of DUI has never been greater. This attitude has been firmly planted in the minds of prosecutors statewide, in addition to law enforcement and judges. Washington State now has some of the toughest drunk driving laws in the country.
In almost every area of our lives, errors in judgment can occur, and a majority of those accused of driving under the influence are first time offenders with no prior involvement in the criminal justice system. One brief mistake can have far-reaching and potentially lifelong consequences.
- Jensen Legal:
If you are convicted of drunk driving, you may spend time in jail, pay heavy fines or lose your license. In addition, charges against you that are not reduced or expunged from your driving record can substantially affect your auto insurance rates. A DUI lawyer can work with the courts to help avoid the serious consequences of a drunk driving conviction. Counseling, community service, and further driver education are some of the ways they can help you avoid jail time, or prevent your license from suspension or from being revoked.
Beating a drunk driving charge requires a certain amount of skill and innovation.
- Jason Newcombe:
Many people erroneously assume that they have very few options other than to simply plead guilty and throw themselves at the mercy of the court.
THIS IS NOT TRUE. You have options! But only YOU can choose to exercise these options. The first step is retaining a law firm with the resources and experience to fight the system and fight for your rights.
- Jensen Law:
To be found guilty in a criminal proceeding, the state must show beyond
a reasonable doubt that you are guilty of the crime charged. Beyond a
reasonable doubt is a difficult burden to meet. In a civil case the
plaintiff must show by a preponderance of the evidence that the
defendant is responsible for any damages. Numerically, a preponderance
of the evidence is a showing of a 51% certainty that the defendant is
responsible. Beyond a reasonable doubt requires a showing of guilt
closer to 100%.
"DUI" stands for Driving Under The Influence and occurs when someone is
operating, or is in actual physical control, of a motor vehicle while
under the influence of alcohol or other controlled substance, to the
extent that their mental faculties are impaired and/or their Blood
Alcohol Content is above the legal limit. Even for a first offense,
penalties can include license suspension, substantial fines, community
service, mandatory attendance at a state or DMV approved alcohol
program, mandatory overnight incarceration and the required
installation (at the offender's expense) of a car ignition locking
device. In addition, a DUI conviction stays on a DMV record for at
least 7 years; it typically results in higher insurance premiums, and
an offender may become ineligible for credit. Plus, a DUI could also
jeopardize your employment opportunities.
- Bradley Johnson:
Criminal and DUI Defense Demand Aggressive Action.
- Steve Karimi:
Driving Under the Influence of Alcohol and/or Drugs
First of all, we are sorry if you have been recently arrested for a DUI
or Driving Under the Influence of Alcohol. And we hope that if you, a
family member or someone else has been involved a traffic collision,
that they are okay. As far as legal concerns, it is important for us to
learn if you received a form from the arresting officer to request a
department of licensing hearing. On that form you will see DOL
(Department of Licensing) must be contacted within 30 days of arrest to
request a hearing to stop your automatic driver license suspension!
Otherwise, on a first offense, your driver license could be suspended
automatically for 90 days and on a second offense for a two year
license suspension! Also, please note that if you are subsequently
caught driving on a suspended license, that in addition to being
arrested the car you are driving could possibly be impounded and can
even be sold! However, you may still qualify for a occupational
driver's license!
- Alisa Maples:
f you have been charged with DUI, the first thing that you should know
is that a DUI is a criminal offense in Washington. Ifconvicted you
could face asentenced of up to one year in jail and a $5000 fine. It is
important that you take this charge seriously. Defense of a DUI case
involves complex issues. Knowing how to handle these issues could be
the difference between a guilty verdict or a dismissal. We highly
recommend hiring an experienced and competentcriminal defense attorney
to represent you. People arrested for DUI are often surprised that they
were arrested because they didn't feel too intoxicated to drive.
- McNeese & Trotsky:
REMEMBER: THE BURDEN OF PROOF IS ON THE STATE OF WASHINGTON, NOT YOU.
THEY MUST PROVE BEYOND A REASONABLE DOUBT THAT YOU WERE INTOXICATED
WHILE OPERATING YOUR MOTOR VEHICLE
- Milios & Associates:
Drunk driving DUI / DWI is a serious criminal offense in Washington.
Conviction for DUI / DWI will result in long lasting negative
consequences. Under Washington State DUI / DWI law, drunk driving
penalties can include: Establishment Of A Criminal Record Suspension or
Revocation of Your Driving Privileges Jail Time Large Fines & Court
Costs Lengthy Probation Court-Ordered Alcohol Treatment Home Detention
Ignition Interlock Device Mandatory High Risk Insurance (SR-22)
When you are charged with DUI / DWI, an experienced DUI / DWI defense
attorney knows how to challenge the evidence against you. A DUI / DWI
charge has several components that must be handled properly by the
police in order to protect your rights.
- Thomas Paynter: If you are facing drunk driving or drug
charges, you need an experienced criminal defense attorney making sure
your constitutional rights and driving privileges are protected.
- Miklos Pusztai: If
you have been arrested for driving under the influence (DUI)/DWI, or
drunk driving in the state of Washington you are up against harsh
penalties such as mandatory jail time and mandatory license
suspensions. Washington has one of the nationÕs most severe penalties
for those convicted of driving under the influence (DUI)/DWI, or drunk
driving. The penalties for driving under the influence/DUI/DWI, or
drunk driving vary depending on whether or not the driver has prior
convictions and the blood alcohol content at the time of arrest.
Driving under the influence (DUI)/DWI, or drunk driving is a crime - a
gross misdemeanor - which carries criminal penalties of a maximum of
365 days in jail and a $5,000 Fine. An arrest for driving under the
influence (DUI)/DWI, or drunk driving also has administrative penalties
which exist separate from the criminal matter.
- Tito Rodriguez:
When you're facing criminal charges, you can't afford to take chances with your defense. With so much at stake ö your job, your reputation, your freedom ö you need a criminal defense attorney who will fight for you. You need a criminal defense attorney who is intelligent, aggressive, and experienced.
- Kevin Trombold:
With the decision by the state in 1999 to lower the legal driving limit
to .08, Washington's DUI criminal penalties are today among the
stiffest in the nation. Over 30,000 people are charged with DUI in
Washington every year. Those convicted face mandatory jail penalties of
up to four months, mandatory license suspensions of up to four years,
and the costly installation of vehicle ignition interlock devices in
their cars. Additionally, a judge is likely to require an alcohol
evaluation and treatment, participation in DUI victims' panel and
high-risk insurance. DUI convictions are permanent and can never be
"vacated" from one's record like most crimes. These penalties can
result not only in the loss of liberty, but also interfere with your
ability to work and live up to family responsibilities. With so much at
stake, it's essential that you be defended vigorously against this
charge.
- Webb Law Firm:
DUI (RCW 46.61.502) is a gross misdemeanor with maximum
penalties of up to 1 year in jail and a $5000.00 fine. There are absolute,
statutory, mandatory
minimum penalties for those convicted of DUI and you need an
experienced advocate to represent you if you have been charged. If you are
not a United States citizen, you could be deported if convicted of DUI, so you need
effective assistance to ensure your status in this country is not
affected.
Your privilege to drive is also at stake and the DOL (administrative) action
against you starts as soon as you have been arrested, it doesn't matter if you have
been charged criminally yet, you could lose your license for 90 days or
more if you do not take immediate action. You may also be subject to ignition interlock
requirements and SR-22 (high risk) insurance.
Driving Under the
Influence is an extremely serious offense that is becoming more complicated to defend with each passing year. You need an attorney who is aware of all
the
new changes in
laws regarding DUI and keeps up with these changes on a regular basis.
DID YOU
KNOW? You can even be charged with DUI if your BAC ("breath test") is below
.08!
RCW 46.61.502 provides in part: (1) A person is guilty of driving while under
the influence of intoxicating liquor or any drug if the person drives a vehicle within this
state (b) While the person is under the influence of or affected by intoxicating liquor or any drug.
This means that a prosecutor only has to prove that you were "appreciably
affected," that is, affected to any measurable degree.
- David Vogel: "Driving under the influence" (DUI) and "driving
while intoxicated" (DWI) are two names for the crime of drunk driving.
Other statutory names for this crime are "operating under the
influence" (OUI) and "operating while intoxicated" (OWI). The different
names for the crime reflect differences in the state statutes that
define the crime. However, all the statutes have the common purpose of
punishing drunk driving and driving under the influence of illegal
drugs. A conviction for drunk driving carries serious consequences,
including driver's license suspension or revocation, fines, and time in
jail or prison. Accordingly, a person charged with drunk driving must
not hesitate to seek legal counsel from an experienced criminal defense
attorney in order to best protect his or her interests.
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