Seattle DUI Lawyers J-Z
- Parker Law:
Washington State has among the nationÕs toughest DUI laws. The Washington State Legislature has imposed mandatory minimum penalties surrounding Driving Under the Influence (DUI) which CANNOT be waived or reduced by a judge. A first time offender who is either convicted of, or pleads guilty to, the crime of Driving Under the Influence will be sent to jail for at least one day, will lose their license for at least 90 days (although they may apply for an expensive Ignition Interlock Device to continue driving) and will be faced with substantial mandatory minimum fines which Ð when added to the other costs and assessments usually imposed by courts Ð often total many thousands of dollars. Additionally, they may be subject to court supervision for up to five years, preventing them from putting the incident behind them and returning to life as normal.
- Katana Law:
Was your traffic stop even legal? Did you take a portable breath test? What kind of field sobriety tests did the officer administer? When did he read
you your rights? What are your options to mitigate the charges to avoid more jail time than youÕve already served? How can you keep your license, or get it back quickly?
- Kingsley, David:
While blood tests are far more accurate than breath tests for measuring
a personÕs BAC, our state only allows blood tests be performed in a
limited number of circumstances. Generally, a person will need to take a
breath test if they are incapable to take a breath test or if the
officer suspects they have been driving under the influence of drugs.
Additionally, Washington State law permits the involuntary withdrawal of
blood from anyone unconscious or under arrest for vehicular homicide or
assault.
Although blood tests are very accurate, an experienced Seattle DUI blood
test lawyer... will always investigate the blood
draw to ensure all of the legal requirements for this type of test have
been met. A blood test can only be performed by a registered doctor or
nurse, or someone who has a blood alcohol analyst permit signed by the
State Toxicologist. Additionally, your blood sample must be stored in a
tube containing an anti-coagulant and a preservative to ensure the
quality of the specimen for up to three months. Because the state must
meet this requirement, your drunk driving defense attorney in Tacoma
will have the ability to hire an independent technician to ensure the
accuracy of the blood sample test. If this re-test does not match the
stateÕs test or if any of the conditions of the test have not been met,
your results may be inadmissible as evidence in court. Additionally, if
you have any medical conditions that may reduce the accuracy of the
test, like diabetes, your results will be disputable by your lawyer.
If the main evidence against you in your Bremerton DUI case is a
positive blood test, contact an experienced DUI defense attorney in
Seattle, WA.
- Raines, Albert:
Arraignment
For misdemeanor cases, the first hearing is called the arraignment. Your arraignment date will be given to you either at the time of your arrest (listed on your citation), or you may be mailed a summons to appear. At the arraignment, you will be advised of the charge(s) against you, and you will enter your responsive plea.
For Felony cases, the first appearance is called the preliminary appearance. At this stage, you must appear, and the judge will determine if sufficient grounds for the prosecution to proceed exist. If sufficient grounds to proceed exist, the judge will set conditions for your release or impose bail while setting your next court appearance.
Pretrial Hearing or Case Setting
The next hearing in the criminal process is called the pretrial hearing for misdemeanor cases or the case setting for felony cases. Most cases are resolved at this stage. One or more of these hearings may take place.
Motions
Knowledge of your case and the statutes and caselaw that applies to it is absolutely essential to your attorney's ability to successfully defend you. Attempts to either dismiss your case or to suppress evidence such as illegally obtained statements, scientific results are made at the motions hearing. Matters are briefed and argued before the judge. Juries are not available at this stage. Another important aspect of this stage is that you will be able to get a preview of the prosecution's case, and to evaluate the prosecution's witnesses.
Trial
You have the constitutional right to a jury trial to every case except those heard in juvenile court. You may also waive your right to a jury trial in front of our peers, and have your case heard by only the judge.
Sentencing
After either negotiations result in a favorable disposition of your case or a finding of guilty after trial, a sentence hearing will take place. Various factors, such as the prosecutor's recommendation, prior convictions, and any special circumstances in your case will be considered when the judge uses its discretion to impose your sentence.
Early in the attorney-client relationship, clients often ask ÒWhat will the judge do to me in my case?Ó You are entitled to receive an accurate answer form your attorney to this question.
Review
After sentencing, courts often hold review hearings to determine if a person is complying with the requirements of their sentence. Harsh consequences may occur if the judge finds that a person is not complying with their sentence for any reason.
- Mucklestone, John:
Traffic Law Defense, in particular, DUI, Reckless Driving, Negligent Driving, Speeding (Radar, Laser, Pace, Aircraft, Visual Estimates); All traffic Infractions
- 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.
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.
There are two important hearings for people who have been charged with
drunk driving in Washington. You will face charges in criminal court and
you will face a review at the Washington Department of Licensing, which
will determine the future of your license. If you have multiple driving
under the influence (DUI) citations or you have a commercial driver's
license (CDL), the consequences for drunk driving can be particularly
severe. Building the Best DUI Defense
There are a number of ways to build a DUI defense. ... investigate all of the circumstances
of your DUI arrest, including:
* Basis for Initial Stop * Sobriety Tests * Breath Tests *
Suppressing Statements
DUI License Suspension Hearings
If you have been arrested for DUI, you will
have a DUI license suspension hearing within 60 days of your arrest.
This hearing will determine whether or not you retain your driving
privileges.
- 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
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.
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