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Seattle DUI Lawyers J-Z

1. Robertson, AK: Administrative and Criminal Sanctions After an arrest for DUI, itÕs important to know that unless your breath or blood alcohol level was under .08 (or under .02 if you are under the age of 21), you now have TWO battles before you. There will be a civil (administrative) action against you for either refusing a breath/blood test; and a criminal action against you for violating State and/or City codes which prohibit driving under the influence of intoxicants. In the administrative hearing, the Department of Licensing will pursue a civil suspension or revocation of your driverÕs license, which is triggered by a notice from the arresting agency that you submitted to a breath or blood test which was over the legal limit. Or, it can be triggered by a notice from the arresting agency that you have refused to submit to a lawfully requested breath or blood test. If you are able to successfully negotiate the criminal case, it wonÕt impact the administrative matter. And if your administrative matter is found in your favor, it doesnÕt mean the criminal case goes away. There is only one limited circumstance in which the criminal matter can influence the administrative matter Ð it involves the application of the principle of Òcollateral estoppelÓ where a ruling from the criminal court can influence the ruling on the administrative case against you. If you have questions about whether this situation applies to your case, talk to your attorney. The ÒDemiseÓ of the .08 Standard Washington DUI laws are some of the toughest in the nation. DUI laws are consistently becoming tougher, and you should know that Washington has, for all practical purposes, abandoned the concept of a "legal limit." But wait, you say. I donÕt remember anything about a "zero tolerance" law being passed. I see "Drive Hammered, Get Nailed" on billboards across town and I have been responsible and respectful of the legal limit Ñ what gives? It may come as a shock, but the legal limit has become a mere formality. A Washington driver can be found guilty of DUI or "physical control" (vehicle not in motion) in two ways: 1) Within two hours after driving, an alcohol concentration of .08 or higher as shown by analysis of the personÕs breath or blood or; 2) While the person is under the influence of or affected by intoxicating liquor or any drug; while the person is under the combined influence of or affected by intoxicating liquor and any drug. What does that mean? Who decides if you are "affected by" alcohol? Usually itÕs the officer who stopped you Ñ he or she will file a ticket with the prosecutor and declare that you were "affected" by the consumption of alcohol when you drove, even if your breath test was under .08. I have had the difficult task of representing a number of defendants with tests as low as .06, .05 and even .04. Each of these clients believed he or she was responsible and cautious in consuming alcohol and each client was charged with DUI. The reason for these charges appears to be tactical. A prosecuting attorney can offer a reduced charge of reckless driving or negligent driving and many clients will "cut their losses" and accept the deal. The risk and expense of facing a trial with even the possibility of a DUI conviction is horrifying. So many defendants plea to a lesser charge, and now they have criminal histories Ñ without ever blowing more than .08. What is a responsible citizen to do when faced with a breath test after what seems to be a responsible glass of wine or two during dinner? Many of my clients ask, "If the legal limit isnÕt going to save me, why should I take the test?" Well, the Legislature made this decision a bit easier with a 2004 amendment to the DUI laws, which punishes a "refusal" DUI with much higher consequences than a "breath test" DUI. For instance, a first offense DUI with a breath test carries between 90 and 365 days of license revocation Ñ but a conviction for a first offense "refusal" DUI now carries two years of license revocation, with restricted work licenses available after a waiting period of 90 days and the installation of an ignition interlock device. The DUI laws remain complex, convoluted and confusing. In an age when our personal freedoms are being curtailed in the interests of public safety, itÕs important to know what it takes to avoid criminal charges. OTHER IMPORTANT INFORMATION * IID mandatory 5 yrs if previous IID order, and mandatory 10 yrs if two previous IID orders. * After suspension/revocation due to conviction, proof of alcohol treatment needed to reinstate WDL. * Enhancement of 60 days IID can be added if children under 16 in vehicle. * DUI charge cannot be vacated under the current law. Lesser offenses can later be vacated in some circumstances. * Canadian travel may be restricted because of any criminal conviction. * ÒWithin 7 yearsÓ means arrest for prior DUI (even if reduced) happened within 7 yrs of current arrest, not just ÒpriorÓ * To reinstate license after suspension: proof of SR-22 (3 yr period), $150 fee. * To reinstate license after revocation: proof of SR-22 (3 yr period), $150 fee, driverÕs ability test. Impact upon Commercial DriverÕs Licenses For a driver with a CDL, a DUI arrest can be particularly devastating. Under Washington laws, you can now face suspension of your driving privilege and the revocation of your CDL even if you were arrested for driving under the influence in your non-commercial vehicle. While driving a CDL, you can face a DUI even if your breath test is at a level of .04. Be sure to consult an attorney immediately if you receive notice of any suspension or pending suspension of a CDL. Medication and DUIÕs Many citizens may be aware that you can be charged with a DUI when you have medication in your system, rather than illegal drugs or alcohol. Over-the counter medications, such as cough syrup, can contain alcohol or other mood-altering drugs. But many people may not be aware that even with a lawful prescription for a drug in your system, you can still be charged and ultimately convicted of a DUI. This is true even if you are consuming the drug in accordance with the prescription and the drug manufacturerÕs guidelines. If the prosecution can make a case that it affected your ability to drive, they can pursue criminal charges. It is particularly important to discuss your medical history and prescriptions with your attorney if your case involves prescription medication, as the defenses are unique and somewhat intricate. ÒBut I WasnÕt Driving!Ó So you have had too much to drink. You had originally planned to drive home, but you now realize that itÕs not a good idea. Proceed with caution! If you walk out to your car, sit in the driverÕs seat, turn on the heater, and lay back to Òsleep it offÓ Ð you can be charged with an offense that is every bit as serious as a DUI. If you are in Òphysical controlÓ of a motor vehicle while under the influence of alcohol or drugs, the consequences are identical to a charge for a ÒstandardÓ DUI. The safest plan is to avoid your vehicle altogether, and find another way home. Now, there is a provision in Washington law known as the Òsafely off the roadwayÓ defense, which allows a defendant to potentially avoid a conviction because, prior to being pursued by law enforcement, they had moved their vehicle off the publicly traveled roadway. This defense is complicated, and there are many exceptions and restrictions to the law. The burden is on the defendant to show that they moved the vehicle of their own accord, that it was fully off the publicly traveled portion of the roadway, that the defendant no longer planned to drive, etc. The policy behind the defense is understandable: the Legislature wanted citizens to feel safe pulling over to park off the road if they realize that they should not be driving. If you believe this defense should apply to your case, be sure to talk to your attorney about this part of the Washington DUI laws. Felony DUI : House Bill 3317, passed into law that becomes effective on July 1, 2007, makes Driving Under the Influence or Physical Control of a Motor Vehicle Under the Influence a felony offense in specific circumstances. A charge of DUI/Physical Control becomes a Class C felony if the offender has 4 or more prior offenses in the previous ten years. A Òprior offenseÓ is defined as a conviction for DUI/Physical Control, a successfully completed deferred prosecution, or a conviction for Negligent Driving 1st Degree, Reckless Driving, or Reckless Endangerment, where the charge was initially filed as DUI/Physical Control. A DUI/Physical Control charge also becomes a felony for any offender who has a prior conviction for Vehicular Assault or Vehicular Homicide at any time in their past. The Felony DUI is described as a Òcrime against personsÓ and also a Òfelony traffic offense.Ó It is ranked with a seriousness level of V, a category which includes charges such as Child Molestation 3rd Degree, Extortion in the First Degree, Rape in the Third Degree, and Possession of a Stolen Firearm. Ironically, a Vehicular Assault (a case involving DUI or Reckless Driving or Disregard for the Safety of Others that results in substantial bodily injury to a person) is a Level IV offense, with a lower presumptive sentencing range. A non-felony DUI or Physical Control is classified as a Òserious traffic offense.Ó The presumptive sentencing range for a Level V felony is 22-29 months in custody, unless there is good cause for an exceptional sentence based on a number of circumstances. This offense carries the possibility of up to one-third Ògood timeÓ reduced from the total sentence. The same provisions for license suspension and IID requirements apply as in the misdemeanor statutes. A Felony DUI or Felony Physical Control is not an offense eligible for the special provisions of the ÒFirst Time Offender Waiver,Ó the ÒSpecial Drug Offender Sentencing Alternative,Ó or the ÒWork Ethic Camp.Ó While the Felony DUI/Felony Physical Control offense is a Class C felony, it cannot be vacated from a personÕs criminal history after five years, as other (non-sex offense) Class C felonies. Instead, there is a ten year period before a Felony DUI/Felony Physical Control can be vacated from an individualÕs history.
2. 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.
3. 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.
4. 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.
5. Lutgen & Kirkham: You canÕt trust your future to just any lawyer.
6. 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.
7. 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.