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Tacoma DUI Lawyers

• Oliver, James: DUI: This is one of the most complex of all criminal charges, and requires extensive knowledge, experience and preparation in order to effectively defend against it. Any lawyer representing a client charged with DUI should be aware of certain preliminary facts: 1. The stakes in a DUI case are high - higher in the long run than for most other crimes. 2. A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction. 3. Successfully fighting a DUI requires an experienced trial attorney. An Experienced DUI attorney will fight to find every possible defense for you, can help you with in your DUI: * DOL Hearing: Do not take a chance on losing your license because of your DUI arrest. Learn why YOU MUST CONTACT US IMMEDIATELY to request a DOL hearing within thirty days TO SAVE YOUR DRIVER LICENSE. * BAC: How will your blood alcohol concentration affect your case? Blood alcohol level readings can vary widely over short periods of time. * Field Sobriety Tests: Were you given an FST at the time of your DUI arrest? How will the FST results affect your case? Do you have an injury, a disability, or were you sick at the time of the FST's? These could have affected your performance on the field sobriety tests! * DUI Penalties: James Oliver can explain the penalties and how they apply to your DUI case in King County, Pierce County, or Thurston County. * Felony DUI: If you have been charged with felony DUI, you need an experienced drunk driving defense attorney who knows the Western Washington courts and can aggressively defend your case. * BUI: A boating under the influence or BUI charge can have the same penalties as a DUI. * Not Guilty?: Just because you were arrested for DUI does not mean you are guilty. Or that the prosecutor will be able to prove a case against you. There are many technicalities and hurdles for the prosecution in a driving under the influence case. James Oliver can examine every aspect of the case and protect your rights. * Drug and Alcohol Treatment: If you could benefit from a drug or alcohol assessment or treatment program, we can help you locate drug or alcohol resources or substance abuse program referrals. * Why You Need a Lawyer: A DUI charge can affect your lifestyle, your career, your family, and your freedom. Give this problem the attention it deserves by talking to the James Oliver. DUI Penalties A DUI charge will expose you to two types of penalties: Administrative and Criminal. The Washington Department of Licensing administers the Administrative penalty of suspending your driverÕs license. Criminal penalties issue at time of conviction of the crime (either by pleading guilty, going to trial and loosing or by going through a deferred prosecution and breaching one of the five requirements). <> Note: An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driverÕs license. (See RCW 46.61.5055 and 46.20.355) An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident that was the basis for the deferred prosecution. (See RCW 46.20.355 and 10.05.060) ADMINISTRATIVE SANCTIONS Š RCW 46.20.3101 REFUSED TEST First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years (Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident . RCW 46.20.3101(4)) Adult 1-Year License Revocation 2-Year License Revocation Minor 1-Year License Revocation 2-Year License Revocation Or Until Age 21 Whichever Is Longer ALCOHOL CONCENTRATION TEST RESULT First Administrative Action Second or Subsequent Administrative Action Adult With 0.08 or Greater 90-Day License Suspension 2-Year License Revocation Minor With 0.02 or Greater 90-Day License Suspension 1-Year License Revocation Or Until Age 21 Whichever Is Longer REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE Suspended License* (RCW 46.20.311) Revoked License* (RCW 46.20.311) File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driverÕs license reissue fee DriverÕs ability test NOT required File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driverÕs license reissue fee Satisfactorily complete a driverÕs ability test * If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency. TEMPORARY RESTRICTED DRIVERÕS LICENSE, RCW 46.20.380, RCW 46.20.391 RCW 46.20.391 provides for a temporary restricted license: $100 fee, proof of functioning ignition interlock and financial responsibility; demonstrated necessity. COURT DUI SENTENCING GRID (RCW 46.61.5055 as amended through July 24, 2005 ) ŅPrior 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 equivalent 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. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). ŅWithin seven yearsÓ means that the arrest for a prior offense(s) occurred within 7 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 7 Years One Prior Offense Within Past 7 Years Two or More Prior Offenses Within Past 7 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 ($866 total minimum fine w/statutory assessments****) $500-$5,000 ($1,121 total minimum fine w/statutory assessments****) $1,000-$5,000 ($1,971 total minimum fine w/statutory assessments****) Driver's License 90-Day Suspension 2-Year Revocation 3-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 7 Years One Prior Offense Within Past 7 Years Two or More Prior Offenses Within Past 7 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 ($1,121 total minimum fine w/ statutory assessments****) $750-$5,000 ($,1,546 total minimum fine w/ statutory assessments****) $1,500-$5,000 ($2,821 total minimum fine w/ statutory assessments****) Driver's License 1-Year Revocation (2 years if BAC refused; RCW 46.61.5055(7)(c)) 900-Day Revocation (3 years if BAC refused; RCW 46.61.5055(7)(c)) 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 ? Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005). * Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. Courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. (RCW 46.61.5055.) ** Ignition Interlock (IID): Effective 6/10/04 , DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended by Laws of 2004, ch. 95). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If t he violation was committed while a passenger under 16 was in t he vehicle, t he court must order installation and use of IID for a t leas t 60 days or ex t end a previously imposed IID requirement by a t leas t 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of Chapter 103 2003). *** Mandatory conditions of probation if any jail time is suspended: (Court 's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor vehicle without a valid license t o drive and proof of financial responsibility, (ii) is not to drive a motor vehicle while having an alcohol concentration of .08 or more within two hours after driving, (iii) is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under t he influence of intoxicating liquor. Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required t o report violations of mandatory conditions t o DOL. RCW 46.61.5055. **** Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.)
• Brown, Daniel: SR-22 isn't a type of insurance, but rather proof that you have certain types of insurance (based upon the financial responsbility laws of your state). SR-22s are state specific and the requirements in one state may not apply in another state. SR-22 isn't a type of insurance, but rather proof that you have certain types of insurance (based upon the financial responsbility laws of your state). An SR-22 is a document required as proof of financial responsibility by the court or under state law for persons convicted of certain traffic violations.
• Scholl Law Firm: In recent years, drunk driving (DUI) has become an increasingly serious crime. Prosecutors and the courts, responding to the political pressures of public opinion, have become relentless in "throwing the book" at those convicted of DUI. As a result, the skill, effort, and creativity required to defend clients charged with driving under the influence has intensified. The days are gone when someone charged with DUI could expect to pay a lawyer one to two thousand dollars and expect to "get off" in a "plea bargain."
• John Doherty: A Miranda warning advises individuals of their constitutional right to remain silent and of their right to not answer any questions. A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.
• Lerner Law Firm: Evidence of a criminal defendant's prior crimes or convictions may be relevant in a proceeding for a subsequent offense. Notwithstanding the relevance of such evidence, the Federal Rules of Evidence (FRE) generally prohibits the use of evidence of prior crimes to prove the character of the person against whom it is introduced. Specifically, FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs, or acts...in order to show action in conformity therewith." However, evidence of prior crimes or convictions may be admissible under certain circumstances, including: 1. When offered for non-propensity purposes, and 2. To impeach the credibility of a witness (includi
• Stenberg Law Firm: Each state has rules and regulations concerning the breath test given to people suspected of DUI. In Washington, the only admissible results in court is from the Datamaster machine given to the arrested individual at the police station. You are not under any obligation to perform the field breath test and the results cannot be used against you in a court of law. The testing officer at the station must observe you for 15 minutes before giving the test to make sure you don't hiccup, burp, or have anything foreign in your mouth. If the officer does not wait the required 15 minutes, the results may be successfully suppressed. Additionally, the test operator must be properly certified along with the Datamaster. Much like a radar gun in a traffic situation, the Datamaster must be properly calibrated. The solution used must be at a certain temperature and there must be proper logs kept of the tests run. Your attorney will get copies of the various logs, maintenance records, and the operator's license or certification instead of simply relying on the complaint and the word of the officer who is accusing you of a crime.
• Kenneth Rossback: DWI stands for "driving while impaired" while DUI represents "driving under the influence." There is also a third, common term "OWI" or "operating while impaired." All three terms represent operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level. Most states set the level at .1, although some states have or are considering lowering the level to .08.
• Clayton Dickinson: Taking care of your legal matters shouldn't be stressful and uncomfortable. You should have a lawyer who gives you the opportunity to thoroughly understand your options, ask questions, discuss alternatives and minimize your costs.
• John Fuhrman: Washington has recently passed some of the toughest DUI laws in the nation. The first advice I would give to any prospective client is: don't drink and drive! The mandatory jail time, fines, costs and the loss of your driving privileges to say nothing of the risk to your own life and potentially those of others, is to great a price to pay. Cab fare seems like a real bargain when you consider what your risking.
• Nicolas George: DUI Advice and Penalties.
• Scholl Law Firm: Successful DUI defense requires an understanding of the highly technical forensic science of blood alcohol concentration. It requires the legal skills necessary to prepare to take the case to a jury trial, and to persuade a skeptical jury that the government cannot prove guilt beyond a reasonable doubt. It requires the tenacity to negotiate with hard-nosed prosecutors. But most of all, it requires the desire to help someone who is in deep trouble, and the professional dedication to keep fighting and never give up.
• Don Lundahl: In Washington, you are considered to be Driving under the Influence of Alcohol if your blood alcohol results are .08 or greater as measured by a blood, breath or urine test. If you refuse to take the test, you face a one-year license suspension.
• Kevin Byrd: The decision whether to plead guilty is an important one and it is not wise or recommended until you have carefully reviewed, with your defense attorney, all of the police reports and other evidence and, in some cases, conducted your own investigation.