Seattle DUI Lawyers J-Z
- Williams, Jeff:
challenge the prosecution's evidence by asking:
* Did the officer have sufficient cause to stop your vehicle?
* Did the officer properly perform your field sobriety tests?
* Did the officer properly perform your breathalyzer test?
* Was the breathalyzer machine properly maintained and calibrated?
* Did the officer have probable cause for your arrest?
DUI law is very technical. The police officer in your case may have made a mistake. There may have been a problem with the breathalyzer machine.
- Rousso, Lee:
If you have been arrested for drunk driving, you need a qualified and
experienced attorney in your corner to make sure your rights are
protected.
Even more than that, you need someone with a thorough knowledge of the
complexities of DUI law in Seattle, Washington to fight for you.
There are literally hundreds of legal recourses that can help you reduce
your sentence to a non-criminal charge or get your case thrown out
altogether. Our firm is experienced in this area and can use it to your
advantage. If the arresting police officer did not follow due process in
any aspect of the arrest, we will find out and, in many cases, use that
information to get your case thrown out entirely. This is why it is
crucial to have an attorney on your side. You must never go alone to
defend yourself against a drunk driving charge.
- Swift & McDonald:
Most crimes committed in the U.S. are handled in the state court system. Cases brought in state court are charged either as a felony in the local county superior court, or as a misdemeanor in the local district court. The county prosecutor (the D.A. or D.P.A) files charges in the county where the crime is alleged to have been committed.
Felonies are more serious offenses than misdemeanors, bringing potential penalties of a large fine and five years, ten years, or life in prison, depending on the severity of the crime committed. Felonies also carry numerous ancillary effects that impact virtually every area of oneÕs life beyond the criminal penalties noted above.
Misdemeanor crimes, on the other hand, are less serious, and carry maximum penalties of up to one year in jail, and a $5,000 fine. Although misdemeanors have less serious penalties, the collateral consequences of these offenses can have serious, long-lasting effects on oneÕs profession, or ability to remain in the country.
- 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.
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