Brought to you by Colorado DUI Drunk Driving Defense

Unknown DUI Lawyers

1. Anderson, Gordon: Under Washington DUI law, if the officer requests and you refuse to take the breathalyzer test, or if you take the breathalyzer test, and register a .08 blood alcohol concentration or more, the DOL will initiate license suspension procedures against you. You have 30 days from the time you are arrested to request a Department of Licensing hearing to challenge the suspension. If you do not make the hearing request within the 30 day period you will lose your license and have to pay high-risk insurance premiums.
2. Schroeter Goldmark & Bender: > Asbestos & Mesothelioma > Consumer Protection > Criminal Defense > Employment & Labor > Maritime Injuries > Medical Malpractice & Nursing Home Negligence > Negligent Supervision > Product Liability > Serious Auto Accidents > Sexual Assault > Social Security > Toxic Torts & Environmental Law > Wage & Hour Class Action > Workers Compensation > Wrongful Death & Serious Personal Injury
3. Miyatovitch, Lance: HE ADMINISTRATIVE HEARING IN WASHINGTON DUI CASES 20 DAYS TO APPLY If you are arrested for DUI you will have 20 Days from the date of arrest to request a DOL hearing to fight the administration suspension. A failure to request this hearing within 20 days will result in forfeiting your ability to challenge the administration suspension. Once requested you and your attorney will be notified of the hearing date and time as well as a copy of the arresting officer's police report (known as exhibit 1). The administrative hearing must be scheduled within 60 days of the date of arrest. The hearing can be continued for a maximum of 150 days from the date of arrest. These administrative hearings are not presided over by a judge in a court of law. Instead, they are presided over by a hearing examiner and the hearing is conducted telephonically. The hearing examiner is a judge, who typically acts as a jury and prosecutor. Hearing examiners are employed by the Department of Licensing and are randomly assigned to each case. There are four issues to be resolved at the administrative hearing: 1. Was it a lawful arrest? 2. Did the arresting officer have reasonable grounds to believe the driver was DUI (or Physical Control or Minor DUI)? 3. Was the driver properly advised of his rights and warnings pursuant to the implied consent law? 4. Was the driver breath or blood indicate a reading over the legal limit or did the driver refuse the chemical test? These four issues are the only issues to be decided at the hearing. Furthermore, because the hearings are considered civil in nature, the burden of proof is merely a preponderance of the evidence. This means is it more likely than not that the four question or issues have been proven (50.1% v. 49.9%). Unless requested by the driver, the arresting officer is not required to give testimony at the administrative hearing. Rather, he will submit a sworn report. If the Hearing Examiner finds that the Department has jurisdiction by admitting the sworn report he will then offer it into evidence. The driver is given the opportunity to testify in his own defense. However it is important to have a qualified DUI attorney as legal representation to consult with to determine whether it is in their best interest. A driver is not required to be present at the administrative hearing and can waive their presence if represented by counsel. Typically, the hearing examiner does not give a decision at the conclusion of the hearing. Instead, they take the matter "under advisement" and issue a written "findings of fact and conclusions of law." Some hearing examiners issue decisions within a few days to a week after the hearing. Others take upwards of two to three months after the hearing is concluded to issue their decision. While the case is under advisement, the driver is still legally able to drive (unless of course there is another matter causing their license to be suspended or revoked). As far as the administrative hearing is concerned, it is all or nothing. Were the four legal issues listed above met by a preponderance of the evidence or were they not? If they were, then the hearing examiner "sustains" the DOL's action and the driver loses their driving privilege. If the four issues were not all met, the hearing examiner "dismisses" the DOL's action and the driver preserves their driving privilege (pending the outcome of the criminal charge). There is no middle ground. There is no plea bargaining. An argument about the devastating impact of losing one's license will have on their life and career is not an issue for consideration and will fall upon deaf ears. It is imperative for a person facing an administrative suspension or revocation to immediately consult with an attorney to discuss their case and the best manner to fight to preserve their driving privilege.
4. O'Brien, Garth: Washington State utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio. These breath test devices require regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an archaic LED display. If the alcohol detecting machine is not functioning properly or if the testing environment is corrupted, then the BAC DataMaster will report an error message. Below is a list of these messages. 1. Ambient Failure: The machine is unable to purge itself. The machine operator is required to check the testing room for excessive odors of alcohol or chemical odors. The operator must ensure the breath test tube is warm, and that the tube is not placed near the machineÕs exit port. 2. System Will Not Zero: The operator must ensure the breath test tube is warm and is not placed near the machineÕs exit port. Breath Test Machine 3. Invalid Sample: This warning is triggered by the presence of mouth alcohol, the subject is not providing a proper sample or the instrument is out of adjustment. The operator must conduct another mouth check and wait for the prescribed 15 minutes. This error can really put the DUI suspect in hot water. If the error persists and the officer believes the DUI suspect is playing games and not cooperating, then the officer will mark the suspect as a refusal. This ratchets up the mandatory DUI penalties, and greatly increases the driverÕs license suspension. 4. Radio Interference: RFI is being detected by the BAC DataMaster. The operator of the machine must determine the cause of the RFI and eliminate the source. 5. Printer Error: The BAC DataMaster will print a breath ticket showing the breath test results. The Printer Error indicates a paper jam or print malfunction. 6. Calibration Error: These machines require calibration and this error indicates the calibration could not be verified. The operator need only restart the test. If the error messages above persist, then the operator must tag the machine Òout of serviceÓ and contact the Washington State Patrol Breath Test Section. Some other errors will indicate the machine will not run unless a member of the Breath Test Section services the device. Those errors are: 1. Fatal Systems Error 2. Not Calibrated 3. Temperature High 4. Temperature Low 5. Pump Error 6. Ram Error These machines provide lots of room for error and give experienced DUI defense attorneys plenty to argue before a judge and jury.
5. 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.   However, if you've received this advise too late, it's important that you have competent and aggressive representation as the stakes in DUI case are high if you happen to be a defendant
6. Steven Levy: ASSERTION OF RIGHTS
   I will provide my driver's license, registration and proof of insurance.
   
   I will sign a citation, if any, then I want to leave immediately.
   
   I will not answer any questions without my attorney present.
   
   I do not have to do "Field Sobriety Tests" and I refuse to do them.
   
   I do not consent to and do not want to be recorded.
   
   I do not consent to my person, car or other property being searched.
   
   If I am arrested I want an attorney now. I do not waive my legal rights.
   
   If you want me to take a breath or blood test, I want to talk in private to my attorney first (by phone is ok).
   
   If my attorney cannot be reached I want to talk with privacy to a public defender or some other attorney.
   
   I will submit to a breath or blood test. If I am requested to take a breath or blood test I also want an additional legal blood test.
   
   If I am not under arrest, I want to leave. Please tell me so I may lock my car and walk away. Thank You.