Seattle DUI Lawyers J-Z
- Fleet, Zachary:
Driving Under the Influence (DUI), Reckless Driving, and other driving offenses, as well as other criminal charges. In addition to defense of the criminal DUI case, the Law Office of Zachary L. Fleet defends drivers at Department of Licensing hearings where the State attempts to suspend driverÕs licenses for driving under the influence.
- SQ Attorneys:
There are literally hundreds, if not thousands, of people who are cited everyday in the State of Washington for:
(1) Driving a Motor Vehicle While Under the Influence,
(2) Being in Physical Control of a Motor Vehicle While Under the Influence or
(3) Being a Minor and Driving After Consuming Intoxicants.
A DUI conviction can have severe consequences on an individualÕs personal and professional life; a person convicted of DUI faces the embarrassment of jail time, fines and the loss of his/ her driving privilege. SQ Attorneys aggressively and effectively defends those arrested for DUI/ DWI. They are compassionate listeners, and empathize with the fear, frustration and shame that people commonly feel when faced with a DUI charge. If you or a loved one has been arrested for, or has otherwise been charged with, a DUI, contact SQ Attorneys for a free and confidential consultation - it is far too important to do otherwise.
- Baker, Lewis, Schwisow & Laws:
Seattle DUI Charges
DUI is considered to be a very serious offense in Seattle because this type of crime is responsible for so many deaths and injuries each year. Law makers and police officials have attempted to reduce the incidence of alcohol-related motor vehicle crashes by strictly enforcing drunk driving laws throughout Washington. If a police officer suspects a driver of driving under the influence, they will immediately pull them over and investigate the matter.
If you have been pulled over, arrested and charged with DUI in Seattle, you will be prosecuted to the fullest extent of the law and will need the best representation you can find.
- Schurman, Eric:
Q: What are the penalties I am facing?
A. First Offense (BAC less than 0.15):
JAIL: 1-365 days (or 15 days house arrest) FINE: $866-$5,000 LICENSE SUSPENSION: 90 days IGNITTION INTERLOCK: 12 months ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
First Offense (BAC over 0.15 or refusal):
JAIL: 2-365 days (or 30 days house arrest FINE: $1,078-$5,000 LICENSE SUSPENSION: 1 year (2 years of refusal) IGNITTION INTERLOCK: 2 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Second Offense (BAC less than 0.15):
JAIL: 30-365 days HOUSE ARREST: 60 days FINE: $866-$5,000 LICENSE SUSPENSION: 90 days IGNITTION INTERLOCK: 5 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Second Offense (BAC less than over 0.15 or refusal):
JAIL: 45-365 days HOUSE ARREST: 90 days FINE: $1,503-$5,000 LICENSE SUSPENSION: 2 years (3 years if refusal) IGNITTION INTERLOCK: 5 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Q: Can I get charged with DUI if the car was legally parked?
A: Technically speaking, NO. But only in a technical sense. The crime you could be charged with is ÒPhysical controlÓ which is defined as Òbeing in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug.Ó RCW 46.61.504.
This statute can be violated even if the vehicle is not running. It is an affirmative defense to the charge, however, if, prior to being pursued by law enforcement, the suspect has moved the vehicle safely off the roadway. RCW 46.61.504(3).
Physical Control is identical to a traditional DUI in all aspects of sentencing and license suspensions.
Q: Can I get DUI on private property?
A: YES.
State DUI law says you are not to operate, or be in physical control of, a motor vehicle anywhere in the State. This includes private parking lots, parks, beaches, and driveways
Q: Can I get a DUI if I refuse the breath test or itÕs under 0.08?
A: YES.
The basic premise of DUI law is that it is illegal to Òdrive a motor vehicle while affected to an appreciable degree by alcohol and/or drugs.Ó Hohever, if your breath test reading reached 0.08, you are legally presumed to be affected by the alcohol you consumed.
Likewise, if you refuse to submit to a breath or blood test, you can still be convicted of DUI if the prosecution can establish that you here Òaffected to an appreciable degreeÓ by the alcohol/drugs consumed.
Q: Do I have to submit to a breath test?
A: NO (Although he recommend you do take it)
Everyone asked to submit to a breath or blood test can refuse the test. HOHEVER, the consequence is that the Department of Licensing will suspend your privilege to drive for a minimum of one year. This administrative sanction is completely separate from the potential criminal penalties.
If you chose to refuse the breath test you will lose you license for the following periods:
FIRST OFFENSE within 7 years: One year SECOND (and subsequent) OFFENSE within 7 years: Two years
NOTE: The suspension begins 60 days following the date of arrest. Any suspension for refusing the breath test cannot be avoided by entering a deferred prosecution, and you are not eligible for an occupational license for at least three months. The suspension can be challenged hohever, by requesting a hearing with the Department of Licensing.
Q: How long will I lose my license?
A: It depends.
There are actually two types of suspensions related to a DUI/Physical Control arrest. The first is the ÒAdministrativeÓ suspension. This is a penalty imposed by the Department of Licensing alone, and has nothing whatsoever to do with the criminal case. The length of the administrative suspension varies depending on the individual, hohever, every administrative suspension can be challenged by sending in the ÒDriverÕs Hearing Request Form.Ó
The suspension will begin on the sixtieth day following your arrest. The length of the suspension will differ depending on the exact circumstances of your case. In every case, hohever, the only way to avoid this suspension is to send in the DriverÕs Hearing Request Form.
It is your responsibility to send in the form as instructed on the Hearing Request Form within 30 days of the date of your arrest. If you are even one day late, your request for a hearing will be denied.
Q: If I lose my license can I drive to work (ÒTemporary Restricted LicenseÓ ÒOccupational LicenseÓ)
A: Sometimes.
Depending on the exact circumstance of your case, you may be eligible for an occupational license. In order to obtain an occupational license, you must obtain SR-22 insurance and install an ignition interlock device in your primary vehicle. There is a waiting period, hohever, before you are able to apply for an occupational license. He recommend you discuss the eligibility requirements with a DUI attorney.
Q: What is a deferred prosecution?
A: The state recognizes that certain individuals require alcohol treatment. A deferred prosecution is a one-time opportunity to seek treatment in lieu of being convicted. A deferred prosecution will result in the charge being dismissed after 5 years of compliance with the conditions of the program, hohever, in the event of a violation of any of the conditions, the deferred prosecution will be revoked and a guilty finding entered.
Even if the deferred prosecution is successfully completed and the charge dismissed, it will be considered as a prior DUI conviction if charged with another offense.
Q: What should I do if I am pulled over for DUI?
A: The first thing you should do is be polite and respectful to the officer. If you are polite and respectful there is a very good chance you will not be booked into jail, and they may even give you a ride home. Avoid answering any questions, including whether you have been consuming alcohol. By the time the question is asked, the officer likely already knows you have consumed alcohol.
Any experienced DUI attorney would recommend respectfully declining to perform any roadside tests. These tests include the traditional tests such as the Òwalk and turn,Ó Òfinger to noseÓ and balance tests, but also include the horizontal gaze nystagmus and portable breath test. Almost everyone contacted by an officer for suspicion of DUI are asked to perform such tests, hohever, they are completely voluntary. After declining to perform any roadside tests it is likely you will be handcuffed and taken to a local police station for the breath test.
Once at the station request to speak with an attorney. In general this office advises suspects to submit to the breath test at the station. If you remember that the only piece of evidence you should have provided is the breath test at the station, you will provide your attorney many more opportunities to improve your situation.
- 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.
Return to Washington State DUI Lawyers
|