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Seattle DUI Lawyers J-Z

1. Lovik & Juhl: Q1. The officer who stopped me for DUI punched a hole in my driver's license. Was my license suspended immediately after I was stopped for DUI? No. The paperwork the officer gave you is your notice of the Department of Licensing's intent to suspend, revoke, or deny your license, permit, or privilege to drive. You have every right to challenge this suspension with the DOL, but you must remember that you only have 30 days from the date of arrest to request an administrative hearing. Even if you have not received information regarding a criminal case against you, it is important that you invoke your right to challenge the DOL's intended license suspension. It is recommended that you contact a DUI Attorney immediately to discuss your options. Q2. If I am convicted of DUI, will I have to go to jail? In Washington state, the law places mandatory minimums on sentencing for a DUI conviction. Even for a first DUI conviction, you will be required to spend 1 day in jail if your BAC level was below .15 percent, or if your case is one where you did not submit a breath test, yet did not refuse the breath test. A first time DUI offender faces even stiffer mandatory minimums if convicted of DUI with a BAC level above .15 percent, or if they refuse to submit a breath sample. In those cases, there is a minimum sentence of 2 days in jail. You can read more about the penalties for DUI here. [link to our DUI penalties page] Q3. I was stopped for DUI, but the officer never told me when I have to appear in court. Will I be charged? The fact that the officer never gave you a date to appear in court does not mean that you will not be charged for DUI. In these circumstances, the officer will likely forward the arrest information to the prosecutor's office, and you will be sent a notice from the court about when and where to appear. It is important that you contact a DUI Attorney after you have been stopped for DUI, regardless of whether or not you have been issued a court date. Not only will a DUI Attorney be able to answer your questions, hopefully setting your mind at ease, but there are important time deadlines that must be considered after a stop for DUI. For example, in Washington you only have thirty days after notification of a driver's license suspension to challenge the suspension. Q4. What is an Ignition Interlock Device? Will I have to get one in my car if I get a DUI? An Ignition Interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a particular pre-set limit. The device is located inside the vehicle, near the driver's seat, and is connected to the engine's ignition system. If convicted of DUI, a person must install an Ignition Interlock Device in their car for a minimum of one year from the time they are eligible to reinstate their driver's license. Under certain circumstances, such as when a person seeks to obtain an occupational restricted license, an Ignition Interlock Device may also be required. These are Washington state requirements, so they will affect a driver whether he/she is convicted of a Redmond DUI, Edmonds DUI, Lynnwood DUI, Kent DUI, or any other Washington District or Municipal Court. Q5. How long will a DUI conviction stay on my record? Unfortunately, Washington state law does not allow for a DUI to be vacated, or expunged, from your record. RCW 9.96.060 provides, in pertinent part, that: An [person] may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if...the offense was a violation of RCW 46.61.502 (driving while under the influence), or 46.61.504 (actual physical control while under the influence) Q6. Will the cost of my car insurance increase after a DUI? It's possible. The cost of your car insurance will be a decision made by your particular car insurance carrier. You should note, though, that if convicted of DUI, you will required to obtain SR-22 insurance.
2. McNeese & Trotsky: REMEMBER: THE BURDEN OF PROOF IS ON THE STATE OF WASHINGTON, NOT YOU. THEY MUST PROVE BEYOND A REASONABLE DOUBT THAT YOU WERE INTOXICATED WHILE OPERATING YOUR MOTOR VEHICLE How To Deal With A Police DUI Stop In Washington State, it is a criminal offense to drive with a blood alcohol content of 0.08 % or more. If a police officer suspects you have been drinking and driving in Seattle, then there is a very good chance that the officer will stop you, whether you are actually intoxicated or not. * Remain calm The first and most important step you take when you are stopped by a DUI officer is to remain very calm and maintain your presence of mind. First of all, you don't even know why the driver stopped you and even if you've had a drink or two, you don't know what the officer stopped you for until he or she tells you. The last thing you want to do here is to flee. * Keep your information ready You should know that when an officer stops you they are going to ask you for your documentation such as driver's license, registration and insurance. So it is always wise to keep these in a place where you remember and where you can easily access them. If you fumble for papers or seem confused, you can be sure that it will go on the officer's incident or arrest report. The last thing you want to do in such a situation is to give a false name or identification, which are crimes in themselves. * The way you talk Police officers who stop you on suspicion of a DUI in Washington are looking for ways to determine whether you are intoxicated or impaired. So don't talk or divulge information unnecessarily such as you just had two glasses of wine or are just driving out of a party. It might seem harmless at a time, but if your case goes to trial, these small details may become important. Keep your answers simple and straight. If you don't feel comfortable answering some questions, just answer "I'd rather not say" instead of seeming confused or forgetful. * Field sobriety tests Here's the truth about field sobriety tests. You are not required by law to take them. In fact, as Snohomish County DUI defense attorneys, we would advise drivers not to take them because they are not only an ineffective means of gauging a person's level of intoxication or impairment, but are designed to set you up for failure. Don't let the officer intimidate you. Just tell the officer you don't want to take these field tests. * Breath test Refuse if the officer asks you to blow into a portable Breathalyzer. These often produce incorrect readings as well. The best course is to submit to a blood test at a hospital. You should also request a second blood sample so that you can have it tested independently as well. Acting in such a manner may not make your arresting officer happy. But it will give you all the tools to help you build a successful defense at a later date if it becomes necessary.
3. Milios & Associates: Drunk driving DUI / DWI is a serious criminal offense in Washington. Conviction for DUI / DWI will result in long lasting negative consequences. Under Washington State DUI / DWI law, drunk driving penalties can include: Establishment Of A Criminal Record Suspension or Revocation of Your Driving Privileges Jail Time Large Fines & Court Costs Lengthy Probation Court-Ordered Alcohol Treatment Home Detention Ignition Interlock Device Mandatory High Risk Insurance (SR-22) When you are charged with DUI / DWI, an experienced DUI / DWI defense attorney knows how to challenge the evidence against you. A DUI / DWI charge has several components that must be handled properly by the police in order to protect your rights.
4. Thomas Paynter: If you are facing drunk driving or drug charges, you need an experienced criminal defense attorney making sure your constitutional rights and driving privileges are protected.
5. Miklos Pusztai: If you have been arrested for driving under the influence (DUI)/DWI, or drunk driving in the state of Washington you are up against harsh penalties such as mandatory jail time and mandatory license suspensions. Washington has one of the nationŐs most severe penalties for those convicted of driving under the influence (DUI)/DWI, or drunk driving. The penalties for driving under the influence/DUI/DWI, or drunk driving vary depending on whether or not the driver has prior convictions and the blood alcohol content at the time of arrest. Driving under the influence (DUI)/DWI, or drunk driving is a crime - a gross misdemeanor - which carries criminal penalties of a maximum of 365 days in jail and a $5,000 Fine. An arrest for driving under the influence (DUI)/DWI, or drunk driving also has administrative penalties which exist separate from the criminal matter. As mentioned above, along with the criminal penalties associated with a driving under the influence (DUI)/DWI, or drunk driving charge, there are also administrative penalties that exist separate from the criminal matter. When a driver is arrested/cited for driving under the influence (DUI)/DWI, or drunk driving or Physical Control charge, the law enforcement officer should give them a Department of Licensing Hearing request Form. This form allows a driver to request a hearing to challenge the revocation of their privilege to drive through the administrative proceedings of the Department of Licensing. The driver must request the hearing to challenge the departmentŐs suspension action. If a hearing is not requested, the Department of Licensing (DOL) will automatically take action suspending the driverŐs license. The request for the hearing must be made in writing within 20 days from the time of the incident and requires the payment of a $200.00. If the request is not made within 20 days of the incident, the department of licensing will suspend your license on the 60th day from the incident/arrest. You will receive a notice in the mail from the department of licensing of this suspension date even if you have requested a hearing. This letter is sent as standard procedure by the DOL. If a hearing has been requested within the 20 days, the department will not suspend your license until the outcome of the hearing. You will receive a notice of the date and time of the administrative hearing from the DOL as well as a copy of the incident report the arresting officer submitted to the DOL. If you hire an attorney and put his or her name on the hearing request form, your lawyer will receive notice as well as the police reports. Administrative rules state that a DOL request must be made within 20 days of the arrest and that the DOL must have the hearing within 60 days of the arrest. This means that many times the DOL hearing will take place well before any criminal disposition is entered in court. The DOL and the court act independently of each other with regard to license suspensions. This means that it is possible you may lose your license at the DOL hearing even though you are found not guilty at trial or you plead guilty to a lesser charge which does not carry a mandatory license suspension. In these cases, your victory at trial or plea to a lesser charge will not negate the license suspension imposed by the DOL as a result of losing the DOL hearing. If you have been charged with driving under the influence (DUI)/DWI or drunk driving, call Mick today at (206) 228-5767 for a free consultation from an experienced, aggressive, and affordable Seattle, Tacoma, and Western Washington criminal defense/DUI/DWI lawyer for more information regarding administrative hearings and the driving under the influence (DUI)/DWI or drunk driving laws, the DUI administrative process, and criminal law. The DOL Administrative Penalties First DOL Suspension Within 7 Years * Breath or Blood Alcohol at or above .08: 90 day license suspension (can be stayed by the entry of a deferred prosecution) * Refusal: One year license suspension (cannot be stayed by the entry of a deferred prosecution). Second DOL Suspension Within 7 Years * Breath or Blood Alcohol content at or above .08: Two year license suspension (can be stayed by the entry of a deferred prosecution) * Refusal: Two year license suspension (cannot be stayed by the entry of a deferred prosecution).
6. Tito Rodriguez: When you're facing criminal charges, you can't afford to take chances with your defense. With so much at stake ö your job, your reputation, your freedom ö you need a criminal defense attorney who will fight for you. You need a criminal defense attorney who is intelligent, aggressive, and experienced.
7. Kevin Trombold: With the decision by the state in 1999 to lower the legal driving limit to .08, Washington's DUI criminal penalties are today among the stiffest in the nation. Over 30,000 people are charged with DUI in Washington every year. Those convicted face mandatory jail penalties of up to four months, mandatory license suspensions of up to four years, and the costly installation of vehicle ignition interlock devices in their cars. Additionally, a judge is likely to require an alcohol evaluation and treatment, participation in DUI victims' panel and high-risk insurance. DUI convictions are permanent and can never be "vacated" from one's record like most crimes. These penalties can result not only in the loss of liberty, but also interfere with your ability to work and live up to family responsibilities. With so much at stake, it's essential that you be defended vigorously against this charge.