Seattle DUI Lawyers J-Z
- Wershow & Ritter:
Mention DUI1.COM
10% Discount to New Clients
- 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.
Driving under the influence. (Effective July 1, 2007.)
(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:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's 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; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), or vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
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The simple truth is that WashingtonState has one of the toughest DUI laws in the country, particularly if this is your second or third alleged defense in the last seven years.
The punishment and penalties for a DUI conviction in WashingtonState is swift and unwavering. If you are convicted of DWI, certain mandatory minimum punishments will be imposed. The judges presiding over your sentencing have absolutely no discretion with regard to the mandatory minimum sentences required to be imposed.
These mandatory minimum sentencing requirements include the following:
1. Imposition of a mandatory jail sentence;
2. Obtaining an alcohol evaluation from a state certified provider and following all treatment recommendations;
3. Installation of Ignition Interlock Device (IID) for a minimum of one year;
4. Attendance of a Victim Impact Panel;
5. A minimum mandatory license suspension of at least 90 days.
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Detailed below are the mandatory minimum sentencing requirements for first, second and third offenses within a seven year period for conviction of DUI (Drunk Driving) in Washington State.
COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004)
ÒPrior OffenseÓ includes the following: (as defined in RCW 46.61.5055)
Original Convictions for the following:
(1) DUI (RCW 46.61.502) (or an equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)
(3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence
(4) Equiv. out-of-state statute for any of the above offenses
Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)
(1) Neg. Driving 1st (RCW 46.61.5249)
(2) Reckless Driving (RCW 46.61.500)
(3) Reckless Endangerment (RCW 9A.36.050)
(4) Equiv. out-of-state or local ordinance for the above offenses
Deferred Prosecution Granted for the following:
(1) DUI (RCW 46.61.502) (or equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)
(3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)
ÒWithin seven yearsÓ means that the arrest for a prior offense(s) occurred within seven years of the arrest for the current offense. (as defined in RCW 46.61.5055)
Alcohol Concentration Less Than .15 or No Test Result
No Prior Offenses Within Past Seven Years
One Prior Offense Within Past
Seven Years
Two or More Prior Offenses Within Past Seven Years
Jail Time***
1-365 Days (24 consecutive hours non-suspendable)
30-365 Days (30 days non-suspendable)
90-365 Days (90 days non-suspendable)
Electronic Home Monitoring*
In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days
60 Days
120 Days
Fine
$350-$5,000 ($823 total minimum fine w/statutory assessments****)
$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
$1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****)
Driver's License
90 Day Suspension
Two Year Revocation
Three Year Revocation
Ignition Interlock Device
DOL Shall Require **
DOL Shall Require **
DOL Shall Require **
Alcohol/Drug Ed. or Treatment
As Determined by the Court
As Determined by the Court
As Determined by the Court
Alcohol Concentration at Least .15 or Greater or Test Refusal
No Prior Offenses Within Past Seven Years
One Prior Offense Within Past Seven Years
Two or More Prior Offenses Within Past Seven Years
Jail Time***
2-365 Days (2 consecutive mandatory)
45-365 Days (45 days mandatory)
120-365 Days (120 days mandatory)
Electronic Home Monitoring*
In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days
90 Days
150 Days
Fine
$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
$750-$5,000 ($1,503 total minimum fine w/statutory assessments****)
$1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****)
Driver's License
1 Year Revocation (2 years if BAC refused; Chapter 95,Laws 2004)
2 Year Revocation (3 years if BAC refused; Chapter 95,Laws 2004)
4 Year Revocation
Ignition Interlock Device
DOL Shall Require **
DOL Shall Require **
DOL Shall Require **
Alcohol/Drug Ed. or Treatment
As Determined by the Court
As Determined by the Court
As Determined by the Court
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Field Sobriety Tests in Washington State
I am often asked whether a person must or should take Field Sobriety Tests when offered the chance by Washington State law enforcement. In nearly every circumstance, the answer is a definitive NO to both.
Field Sobriety Tests are completely voluntary in Washington State. They are rarely used to determine if a person is under the influence or to determine if a person is actually DUI. Rather, they are uniformly used and abused soley for the purpose of attempting to gather incriminating evidence. Listen, every situation is unique. And the purpose of this site is NOT to provide legal advice. As such, it cannot be relied upon as such.
As a practical matter, however, it is almost always to your benefit to firmly but politely refuse to perform any field sobriety tests when offered.
The same is true for any field or portable breath tests (PBTs). These are the tests that are offered by officers in the field after you have been stopped BUT BEFORE YOU ARE TAKEN TO THE STATION, READ YOUR IMPLIED CONSENT WARNINGS AND OFFERED AN OPPORTUNITY TO PROVIDE A SAMPLE PURSUANT TO THE IMPLIED CONSENT LAW.
The test at the station requires a mandatory 15-minute observation period be observed and that other procedural requirements be followed. It is critical that you ask the arresting officer to talk to a lawyer BEFORE making a decision about whether or not to take this test.
Again, nothing on this website is to be construed as legal advice or as substitution for competent legal counsel. If you have been arrested for DUI, it is imperative that you talk to a lawyer as soon as possible.
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If you have been stopped by law enforcement or arrested on suspicion of DUI, you have the right under Washington law to talk to lawyer. Exercise it.
- 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.
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