Sponsor Attorney
Mark Garka:
Do You Have A Reason To Think You Weren't Drunk When You Were Arrested For DUI?
Even though you've been arrested for DUI, you don't have to let it
ruin your life. You may not realize it yet, but if you are thinking
about simply going to court and pleading guilty to your DUI charge you
may be cheating yourself. You see, a qualified attorney can review
the case for defects, suppress evidence, compel discovery of such
things as calibration and maintenance records for the breath machine,
have blood samples independently analyzed, obtain expert witnesses
all of which may help you to win your case at trial. To find out
what you need to know about your DUI arrest I've developed a website
to give you a wealth of useful information . . . information which will
show you how you may be able to save your license and your freedom . .
. and possibly avoid fines, fees, and sharply increased car insurance
costs of as much as $6,800. For the most part, my easy-to-navigate
site has information on it which you can't get anywhere else unless you
are willing to do a great deal of legal research. When you're on my
site, you'll also learn how you can get a free, no-obligation
consultation where I'll review your case and show you how I may be able
to save your license and your freedom.
Washington DUI Drunk Driving
Defense Information
Search for Washington DUI
Defense Attorneys by County
Attorney Offices by Municipality
- Auburn
- Stephen Sward:
Being charged with a criminal offense is often frightening. Many people are not familiar with the courts or the legal system, and may be unsure what to do next. It is important to hire an experienced, capable attorney to protect your rights‹the sooner, the better. A criminal defense attorney can help tremendously, even decreasing the sentence or fine you may receive, and making the government follow the rules.
- Kenneth Fornabai:
DWI/DUI has become an increasingly difficult charge to defend. Unless a law firm ... specializes in this area keeping up with the ever-changing rules and enforcement methods employed by the police and prosecutors is next to impossible.
- Bellevue:
- Bellingham
- Deborah Frederick:
First of all, when you see the flashing lights behind your car, pull over, and secure your car. The officer is looking for everything from how straight you parked the car when you pulled over to whether you used your turn signal or not.
Be polite. If the officer suspects you have been drinking before driving, and are under the influence, he or she may ask you to step from your vehicle.
- Stephen Kozer:
DWI/DUI cases can also result in jail time , the loss of your privilege
to drive, expensive fines. The legal limit in the State of Washington
is .08 BAC ( breath alcohol concentration). Even if your breath test is
less than a .08 you can be charged with DWI/DUI! The DWI/DUI statute
gives the prosecutor the choice of proceeding in three different ways
against you . A BAC of .08 or greater or appreciably affected by
alcohol or appreciably affected by alcohol and or drugs.( even
prescription drugs).
- Robert Butler:
DUI's can and should be viewed as more serious offenses than many of
the common class C felonies. By way of example, a person with two prior
DUIs who blows less than .15, will receive a mandatory minimum jail
time of 90 days AND 120 days of electronic home monitoring (ehm),
mandatory ignition interlock device on your vehicle for not less than a
year, plus three years license suspension/revocation (criminal side
sentencing is separate from the administrative DOL suspension) plus
probation to monitor compliance with alcohol evaluation. If you refuse
to blow or blow greater than .15 the penalty jumps to 120 days jail,
150 days of ehm, higher fines and four years of license suspension.
Comparing DUI to possession of stolen property, a second time offender
on a stolen possession charge would only be looking at the maximum of
90 days with the range being 0-90 days and with no mandatory minimum
days required.
- Bremerton
- Glisson & Witt:
Driving under the influence penalties in Washington are some of the toughest, as well as most complicated, in the nation. Any DUI conviction, even if you have no criminal history, carries mandatory jail and mandatory fines. It also requires five years of probation and court-ordered drug or alcohol treatment. You may be required to install an Ignition Interlock Device in your car or to be restricted to your home for a period of time with an electronic home monitoring device.
The law in Washington allows a driver to be charged with DUI if their blood alcohol content is higher than .08. A driver can also be charged with DUI if they refuse to submit to a test to determine their BAC. The law allows a driver to be criminally charged even when their BAC is less than .08 if there is competent evidence that the driver was under the influence of intoxicating liquor or any drug.
In Washington, the Department of Licensing suspends the drivers license of any driver who is arrested for DUI and has a blood alcohol content (BAC) > .08, or who refuses to submit to a BAC test. This is entirely separate from what happens in the criminal action. Even if you are not charged with DUI, you may still lose your license. You must act quickly. Often you lose your right to challenge the suspension if you dont act within 30 days of the arrest.
When selecting an attorney for a DUI or any other criminal charges, choose carefully. Your attorney should be someone you can trust, someone you can talk tobut someone who is willing to fight to protect you in court.
- Coupville
- Terry Smith:
If you do not request that hearing within 30 days from the date of your
arrest. Department of Licensing (DOL) will send a letter to you telling
you that your license will be suspended on or before the 60th day after
your arrest.
- Edmonds
- James Conley:
You should consult an attorney for individual advice regarding your own situation.
- Ellensburg
- Richard Young:
Any person who operates a motor vehicle within this state is deemed to
have given consent, subject to the provisions of RCW 46.61.506, to a
test or tests of his or her breath or blood for the purpose of
determining the alcohol concentration or presence of any drug in his or
her breath or blood if arrested for any offense where, at the time of
the arrest, the arresting officer has reasonable grounds to believe the
person had been driving or was in actual physical control of a motor
vehicle while under the influence of intoxicating liquor or any drug or
was in violation of RCW 46.61.503.
- Chelsea Korte:
Review the full parameters of these DUI pages, then consult a lawyer.
Most lawyers will not charge for an initial phone consultation, and
considering how serious a DUI is, one is simply "penny-wise &
pound-foolish" to not do so. Once you fully and completely understand
your legal situation, then you will have to make one of the following
decisions regarding what to do about the charge. Each has advantages
and disadvantages over each of the others, and each of those will vary
depending upon your particular situation.
- Everett
- Federal Way
- Clement Law Office:
Most drivers who are cited for drunk driving try to get accepted into a
program called "deferred prosecution". In these cases, the driver
essentially has to admit to the drunk driving. Prosecution is deferred,
however, as long as the driver successfully completes a strict 2-year
drug or alcohol treatment program. Deferred prosecution is available
only for those who believe that their drunk driving was caused by
alcoholism or a mental health problem. You can qualify for deferred
prosecution only once in five years.
- Fife
- 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.
- Freeland
- Terry Smith:
You have 30 days from the date of your arrest for a DUI to request a
hearing from the Department of Licensing. The purpose of that hearing
will be to determine the status of your License to Drive pending the
outcome of your case.
- Gig Harbor
- McPhearson Law Office:
Being accused of a crime is one of the most stressful experiences an individual can face. The criminal justice system can be overwhelming and complicated and you may believe that you are completely alone - and battling the system yourself. One of the most important things you can do if you are charged with a crime is to consult with an experienced and dedicated attorney - one who understands the law and will fight to assure you the best representation possible.
- Kent
- Lacey
- Christy Todd:
In Washington State, a driver over 21 years of age who has a blood or
breath alcohol concentration of 0.08 or higher within two hours after
driving is presumptively guilty of driving while under the influence of
intoxicating liquor. A driver under 21 years of age who has a blood or
breath alcohol concentration of at least 0.02 but less than 0.08, is
presumptively guilty of driving while under the influence of
intoxicating liquor. In addition, a driver under 21 years of age may
face an additional charge of Minor in Possession/Consumption of
Intoxicating Liquor. Pleading guilty to a DUI or being convicted of a
DUI has implications for maintaining a driver's license.
- Lakewood
- Benjamin &
Healy:
There are generally two ways of committing DUI in Washington. First, if a person¹s breath test reading is .08 or higher. To convict a person using this method the prosecutor is required to prove beyond a reasonable doubt that the breath test reading was accurate and the breath test machine was functioning properly. Repair and maintenance records often demonstrate the machine is faulty. The machine¹s database may indicate it was not functioning properly at the time of the arrest. If retained, our expert witness can testify as to the breath test machine¹s inherent unreliability. Second, if there is no breath test reading the prosecutor must prove a person was under the influence of or affected by alcohol at the time of driving. This method requires the prosecutor to prove (normally by having the officer testify as to his observations of the driver) that the person¹s driving was affected ³to any appreciable degree² by alcohol consumption. It is important to remember that you are presumed innocent and the government is required to prove to the jury that you committed DUI beyond a reasonable doubt. The evidence used to convict is normally the police officer¹s observations of your driving, contact with you, and field sobriety tests. The officer will normally only point out what you did wrong, not what you did right (which evidences sobriety).
- Longview
- James Morgan:
Most people don't know that in the state of Washington, field sobriety testing is voluntary. Unless you are under a court order to do so, you do not have to take any roadside tests if you are stopped for allegedly driving drunk. You also have the right to speak to an attorney before taking a breath test. You should always exercise this right. You are under no obligation to talk to the police this is your right to remain silent. You should never answer a police officer's questions regarding your impairment or the amount you drank. If you find yourself in this situation, call me and I can help you. If you are already facing drunk driving charges, you must act quickly to protect your rights.
- Lynnwood
- Mark Garka:
To preserve your right to drive in Washington, you must request a
hearing within 30 days after an officer has punched your license. The
DOL hearing must be initially scheduled within 60 days of your
arrest.
If you had a valid license when stopped, you will be
able to drive for the next 60 days.
If you lose at the hearing,
you cannot drive after the hearing.
Please note: the trial court
may also take your license as well if you plead guilty, or are found
guilty of DUI. In Washington, you must be double vigilant to protect
your privilege to drive.
- James Deal: When you are charged with a crime, the entire power of
the state is mobilized against you. Prosecutors are smart,.
experienced, and well-financed. They handle the same kinds of cases day
after day. Their job is to convict you and try to convince the judge to
punish you as harshly as possible. Prosecutors generally do not have a
positive view of human nature. They generally assume you are a bad
person who has not learned his lesson. Once a prosecutor goes to work
to convict you, he will not let go.
- Phillip Wakefield:
DUI Defense
The penalties for driving intoxicated in the state of Washington are one of the toughest in the United States. The legal blood alcohol limit is .08%, and the penalties for drunk driving are severe. Drivers can be arrested for driving under the influence (DUI) if they have a blood alcohol concentration (BAC) at .08 or above. A BAC measures the ratio of alcohol to blood and is measured by a test of a driver's breath or blood. BAC levels are determined by three factors: the number of drinks a person consumes in an hour, a person's body weight, and their gender. Females will reach a higher BAC faster than males because females are generally smaller and have higher ratios of body fat to body fluid. Therefore, females are about 10 percent more likely to be affected than males.
"If you wait too long to call a lawyer, there is a good chance you may lose your driver's license."
- Feldman & Lee:
The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
- Mercer Island
- Harvey Grad:
Drunk Driving Defense - the "right to drive" is a privilege which is
governed by the individual states. Traffic violations are a mix of
regulatory and penal (criminal) offenses based on violations of state
statutes and city ordinances relating to the operation of vehicles,
specifically driving under the influence of alcohol or other substances
which impair the ability to drive.
- Monroe
- David Kennedy:
Once you are arrested for a DUI, you face
two completely separate tribunals; the
Department of Licensing; and the Criminal
Court. With few exceptions, what happens in
one will not affect the other. For example:
If you have your case reduced from DUI to
the lesser charge of Negligent Driving in
the First Degree, you will still have to
defend yourself at the Department of License
hearing for Driving Under The Influence.
In most cases the police officer should
give you a DOL Hearing Request Form at the
time of your arrest and release.
You must request a
DOL hearing within 30 days of your arrest.
If you do not, you will be found guilty and
your license will be suspended!
If you had a valid license when you were
stopped for DUI, you will be able to drive
pending your DOL hearing or suspension from
the criminal court (whichever comes first).
So, requesting your DOL hearing needs to be
at the top of your list of things to do.
Please contact our
office for details regarding this important
step. Strategy is everything!
DEPARTMENT OF
LICENSING HEARING:
The DOL hearing will usually be
administered over the phone between a
Department of Licensing Hearing Examiner and
you and your attorney. Special requests need
to be made and approved to obtain an
in-person hearing. Your hearing will be held
within 60 days of your arrest. Since the DOL
is a creature of the civil end of the law,
the burden of proof that they bear is much
less than in the criminal court.
Arguments for the defense need to be very
compelling to succeed. You can represent
yourself, but remember that the DOL Hearing
examiner on the other end of the phone is a
trained lawyer.
You will either be given a ruling at the
time of the hearing or receive notice by
mail at a later date. If your license is
suspended by the DOL, do not drive.
CRIMINAL COURT
PROCESS:
The criminal court process involves
several processes including arraignment,
pre-trial conference, motions hearings,
readiness hearing, if necessary, trial or
plea and of course, sentencing.
Arraignment:
The arraignment hearing is mandatory in
Washington in cases involving DUI and cannot
be waived. Your arraignment date will be
given to you at the time of arrest on your
citation or delivered later by mail in the
form of a summons. The arraignment hearing
is held to advise accused persons of the
charge(s) against them, their rights, and to
set any conditions of release pending the
outcome of the proceedings. In most cases
involving DUI it is important to retain
counsel at the earliest possible
opportunity. The attorney will be able to
advise you prior to the arraignment about
what to expect and how to avoid or reduce
cumbersome conditions of release, which may
include the imposition of bail. Also, the
next appearance date, the pretrial hearing
will be set.
Pre-trial
Conference: You will then experience
one or more pretrial hearings. The time
before and between pretrial hearings is when
your attorney will present your case to the
prosecutor. This is where the negotiations
happen. Your attorney will negotiate the
best resolution possible for you by pointing
out any flaws in the State's case and
presenting likely arguments that may be
raised later at motions or trial.
Motions Hearing:
If your attorney and the prosecutor cannot
resolve your case at the pre-trial
conference, your attorney will file motions
to suppress various pieces of evidence
against you and/ or to dismiss the case.
Success or failure in a DUI case often
depend on the motions briefed and filed by
defense counsel. This hearing usually takes
place between 3 and 6 months from the
commencement of your case.
Readiness Hearing:
In some jurisdictions in the state of
Washington, the readiness hearing and
pretrial hearings are one-in-the-same. The
readiness hearing is the point where
negotiations have failed and the two parties
have to answer whether or not they are ready
to proceed to trial. Often, deals are struck
and pleas negotiated right up to this point
in the process.
Trial: You
have the absolute right to a jury trial for
a DUI case. However, you also have the right
to 'waive' your jury trial rights and have
your trial conducted before a judge without
a jury. A jury trial will usually last 2 to
3 days. A jury for gross misdemeanors like
DUI will consist of 6 members.
Plea: If you
reach an agreement with the prosecutor or
you are found guilty at trial, you will
enter a plea of guilty to the charge of DUI
or whatever more favorable resolution that
your attorney was able to negotiate.
Sentencing:
At the conclusion of your case, the judge
will impose a final sentence. This sentence
will vary depending upon the plea bargain,
recommendations from the prosecutor, prior
convictions and so on. (Please See DUI
PENALTIES PAGE). The penalties can include;
jail time, electronic home monitoring,
ignition interlock, community service, fines
and fees, restitution, treatment for
substance abuse and more. Your attorney can
fully explain the likelihood of any of these
penalties with regard to your particular
case.
- Mt. Vernon
- Howson Law Office:
It is a crime to drive an automobile on the public highways of the State of Washington with an alcohol concentration at or above the legal limit. The legal limit in the State of Washington is "0.08." This is a very low standard, considering that the average person can reach the legal limit with only a couple of drinks Despite this legal limit, you must also keep in mind that you can be arrested for and convicted of DUI at an alcohol concentration below the legal limit, as long as the prosecution can prove beyond a reasonable doubt that your ability to drive was affected to any appreciable degree.
Many people believe that they have satisfied their obligation to give a breath sample by blowing into the portable breath test device that is commonly given by the police officer at the scene of the traffic stop. This misconception is a serious mistake.
The Law is satisfied only when you blow into the breath test machine that is located at a police station. Refusing to submit to the portable breath test machine will not impact your driver's license BUT refusing to submit to the breath test machine at the police station will result in serious licensing consequences and may adversely impact the defense of the DUI charge.
A driver who refuses to take a breath test faces a number of adverse consequences. The most serious is a one-year license revocation for a first refusal within seven years, or a two-year license revocation for a second or subsequent refusal within seven years. There is no possibility of getting an occupational license. The fact that a person "refused" is admissible in the DUI trial. The prosecutor can, and usually do, argue that the reason the driver refused testing was because the defendant knew he or she was drunk and would fail the test. Additionally, a test refusal can increase the fine and jail sentence of a person convicted of DUI as well as result in additional and longer license suspensions based on the conviction.
Since many arrested for DUI have never faced the dilemma of having to decide whether to take an official breath or blood test, it is in your best interest to exercise your Constitutional Right to speak with an attorney to discuss your legal options prior to deciding to giving a breath test, regardless of the time, day or night.
- Mukilteo
- David Jolly:
Being convicted of a DUI will change your life. This change is not a
welcome one and you need an attorney who knows what he/she is doing.
You need an attorney who has both prosecuted and defended DUIs.
Prosecutor's are well trained in prosecuting DUIs and also develop a
mindset with the way they handle such cases. DUI attorney's are well
trained in defending DUI cases and as such, have a mindset in defending
such cases. Having an attorney who has experience doing both is
invaluable. It is not only important to know how to defend a DUI
matter, but equally important to know how the Prosecutor is thinking.
When a defense attorney can understand how a prosecutor deals with a
DUI matter, the possibility of a positive outcome is greatly increased.
What happens after a DUI arrest
in Washington? - Motor Vehicle
Hearing:
To preserve your right to drive in Washington,
you must request a hearing within 30 days after your license has been
taken from you by an officer or within the time set by the Department
of Licensing in a revocation letter. A hearing must be initially
scheduled within 60 days of your arrest for DUI. If you had a valid
license when stopped, you are free to drive until the hearing. You will
be mailed a notice of the hearing about three weeks after your request.
You can plan on at least 60 days of driving. If you lose at the
hearing, you can not drive after the hearing, however, you may be
eligible for an occupational license. Additionally, if you are
considering a Deferred Prosecution (see the section entitled "Deferred
Prosecution," below), you may "stay" the Motor Vehicle Hearing and get
an extension of your eligibility to
drive. - Arraignment:
The arraignment is
your first appearance in court, in front of a judge. It typically
occurs the next business day after your arrest. It is Mandatory that
you appear in court. The first appearance is primarily for the
advisement of rights, and your opportunity to declare "not guilty." If
you have an attorney, he will advise you of the proper
procedures. - Pre-trial Conference:
Your
attorney will discuss your case with the District Attorney and
negotiate the best possible plea bargain. It will happen about 6 weeks
after arraignment. This is usually after the Motor Vehicle Hearing. The
date is set by the Court and your attorney on his
calendar. - Suppression Hearing:
The Court
may suppress some or all of the evidence against you if your
constitutional rights have been violated. Your attorney will file
motions to suppress. It occurs anywhere 6 weeks to 3 months after the
pre-trial conference. - Trial:
Almost
always a trial to a jury of six. Trial must be held within 90 days
after the arraignment (60 days if you are incarcerated), unless you
waive your "speedy trial rights" and extend your right to a
trial. - Sentencing:
The Court imposes a
sentence after a conviction at trial or after a plea bargain is
accepted and a plea entered. Sentences may include jail time, in home
detention, public service, alcohol classes and fines. In Washington
State, sentences may include jail time, in home detention, public
service, alcohol classes and fines. Sentences are based on your
history, the BAC information or your refusal to give a BAC. OPTIONS: Deferred Prosecution-Is It Right For
You?. - Deferred
Prosecution:
Deferred prosecution is a program that
allows a person suffering from an alcohol problem (alcoholism), a drug
problem (addiction), or a mental health problem to seek permission of
the court to go through an intensive treatment program in lieu of being
prosecuted. Successful completion of the treatment program, and
continued lawful conduct will result in dismissal of the charge and may
avoid a suspension of driver's license by the Department of
Licensing. Despite the best efforts of MADD and other similar
interest groups, an enlightened Washington legislature has recognized
that some people run afoul of the law not because they are criminals,
but because they can't help it. The lawmakers have recognized that the
most effective way to keep the alcoholic from driving drunk is to get
him or her to stop drinking. From this inspiration was born the
deferred prosecution statute. The law allows a defendant to request
the court for deferral or postponement of their case for five years
while he or she seeks treatment for their disease. If the request is
granted the advantages are clear: defendants retain their license, do
not go to jail, keep the DUI off their record for most purposes, are
not required to pay for high risk insurance, avoid being fined, and,
except for cases of blood or breath refusal, avoid administrative
license suspensions. Most importantly, they are given an opportunity to
sober up and regain control of their lives. Washington is unique in
this statutory alternative. Deferred prosecution is not limited to
alcoholics, but may be granted where the defendant is suffering from
drug addiction or mental health problems. It is not uncommon to find
people suffering from symptoms of all three illnesses. In order to
qualify for deferred prosecution, the defendant must obtain an
evaluation from a state approved treatment agency. The agency will
conduct an assessment and if it concludes that the criminal conduct for
which deferred prosecution is sought occurred as a result of
alcoholism, drug addiction or mental health problems and that the
defendant is amenable to treatment, meaning they are willing to be
treated, the person is eligible for deferred prosecution as long as
they have never been granted a deferred prosecution before. In DUI
cases, of course, the most frequent reason a deferred prosecution is
sought is because of a drinking problem, and the required two-year
treatment program is quite rigorous and occurs in three phases. The
first phase is typically three or four nights a week for the first two
or three months (seventy -two hours of treatment in the first 90 days)
or can involve an inpatientprogram. Phase two entails weekly counseling
for six months. Phase three requires counseling once a month for the
balance of the two-year program. Additionally, two Alcoholics Anonymous
or other self-help meetings per week are required for the full two
years. Usually the defendant is also placed on supervised probation,
which means that he or she may be required to meet on a regular basis
with a probation officer and to pay for those services. Additionally,
if the blood or breath test is a .15 or above or there was a test
refusal, an ignition interlock device (IID) will be required for at
least one year. If the test result was under a .15, the IID is
discretionary with the court. If a blood or breath test is taken, a
deferred prosecution will stay, or hold in abeyance most administrative
license suspensions. However, in the case of a test refusal, the
administrative action is unaffected. Three years after the
completion of the treatment program, the charge is dismissed. What the
defendant is required to do during the three years after treatment ends
and the case is dismissed, other than not re-offend, is up to the
judge. Typically, continued attendance at AA is all that is required,
along with no new offenses. Entry into a deferred prosecution
program should not be undertaken lightly. It is a rigorous program, and
the court usually requires strict compliance. While it is a wonderful
way to deal with both a significant health problem and a serious legal
problem at the same time, recovery is not easy. It requires strong
commitment and the consequences of failing to successfully complete the
program are usually severe. Revocation of a deferred prosecution
invariably results in a conviction for the DUI, and any other criminal
charge that may have accompanied it. The penalties imposed may be
harsher than if the defendant had merely pleaded guilty in the first
place, and will almost always require completion of the treatment
program originally undertaken as a part of the deferred prosecution.
Furthermore, a person is only entitled to one deferred prosecution in a
lifetime. So if a person is not totally committed to recovery, entering
into a deferred prosecution could be very foolhardy. Finally, a
deferred prosecution counts as a prior offense if the person is
convicted for a subsequent DUI within seven years of the DUI for which
deferred prosecution was sought, and will be used to substantially
enhance the mandatory minimum penalties to be imposed on the subsequent
DUI. Successful completion of the deferred prosecution, however, has
significant rewards, both personal and legal, and should be examined in
any case in which alcohol, drug or mental health problems may exist. It
is recommended that an alcohol assessment from a qualified and
appropriate agency be obtained in every case well before final
disposition.
- Olympia
- Sharon Chirichillo:
There are two parts to a defendant's right to be present at trial. The first part is the defendant's physical presence at any criminal proceedings that are brought against the defendant. The second part is the defendant's understanding of the proceedings. This includes the right to understand the language of the court in which the defendant is being tried. The defendant therefore has a right to be provided with a qualified interpreter when the defendant does not speak or understand English or when the defendant is deaf.
When a defendant does not speak or understand English, a qualified interpreter must be appointed to translate the proceedings. The interpreter's translation extends to all portions of the proceedings. The appointment of the interpreter does not depend upon the defendant's ability to pay for the interpreter. However, the defendant is not entitled to an interpreter when he or she is consulting with his or her attorney. The appointment only applies to court proceedings.
In order to be entitled to the appointment of an interpreter, a defendant must show that he or she cannot speak or understand English. If the defendant testifies in English, it is unlikely that an interpreter will be appointed for the defendant. The fact that the defendant is more fluent in another language does not necessarily mean that the defendant is entitled to an interpreter.
An interpreter is treated in a manner that is similar to an expert witness. Although a trial court does not have a duty to question the interpreter as to his or her qualifications and skills, a defendant may object to a particular interpreter on the basis of his or her qualifications and skills. Any error that is made by the interpreter does not constitute a basis for a reversal of a conviction unless the defendant requested the removal of the interpreter and the interpreter's errors were not corrected.
A defendant who is deaf is also entitled to understand any criminal proceedings that are brought against him or her. The defendant who is deaf is entitled to the appointment of an interpreter. A person is considered to be deaf when he or she has a hearing impairment that inhibits the person's comprehension of the proceedings or his or her communication with others. A speech impediment is not necessarily considered to be a hearing impairment.
- Ditlevson Rodgers Dixon:
Driving Under the Influence is a serious charge with serious
consequences. Any conviction for DUI carries mandatory jail time,
probation, and suspension of driving privileges. The penalties are
enhanced if an individual has been previously convicted of an alcohol
related offense. In addition,the Department of Licensing has the
ability to suspend an individual's license if he or sheeither (1)
refuses the breath test, or (2) provides a sample in excess of .08,
regardlessofthe outcome of the criminal proceeding.
- Don Phelps:
- If convicted on a first time DUI, your license will be suspended for
an additional 90 days if your BAC level is below .15. If over, then a
one year revocation. - You will spend a minimum of one day in jail or
do 15 days home monitoring.
- Pullman
- Nuxoll, Libey,
Ensley and Esser:
DUI is a crime and therefore you have all the rights that a person
charged with any crime has. Your are presumed innocent--the burden is
on the prosecution to prove beyond a reasonable doubt that you are
guilty. The officer must actually come to court and tell his story
under oath, at which time he will be cross-examined.
You may have witnesses testify on your behalf.
You have the right to remain silent - that is, the prosecution may not
force you to testify. As a practical matter it is very unlikely that a
successful outcome can be obtained without your testimony. If you do
testify, you must tell the truth. To do otherwise would be a very
serious crime of perjury.
You have the right to represent yourself. If you do not wish to do so,
you have the right to be represented by an attorney. That is an
expense you must bear unless you are indigent. In that situation, the
court may appoint an attorney to represent you but if you are
ultimately convicted, a condition of your sentence would be to
reimburse the county for the costs of your court-appointed lawyer.
- Port Orchard
- Tracy Flood:
Make sure your rights are respected regardless of the offense...
- Richland
- Christopher Swaby:
Please do not make any decisions about any legal matter without
consulting with an attorney first.
- Seattle
- Shelton
- Linda Callahan:
Washington State has one of the nation's toughest DUI laws. The penalties for this gross misdemeanor can be more severe than for some felonies. Some form of confinement is mandatory. Jail or the loss of your license could cost you your job or career. Your family finances may suffer from heavy fines, insurance increases and costly requirements, such as expensive ignition interlock devices on every vehicle you drive, and expensive alcohol treatment programs. These programs also entail frequent attendance at counseling sessions and AA meetings. Further, you will remain under the court's jurisdiction for a 5-year probationary period.
- Silverdale
- Tyner King & Thimons:
Driving under the influence or "DUI" affects many individuals who have never had any prior contact with the criminal justice system. It is very important to remember that if you have been accused of a DUI or any crime, trying to minimize the situation by offering an explanation to law enforcement or the court is a bad idea. When you are accused of a crime the prosecutors interests are adverse to your own. Exercise your right to remain silent. A DUI is a criminal matter and as with any criminal matter you will need legal representation. A DUI in Washington state is classified as a gross misdemeanor. A gross misdemeanor carries a maximum punishment of one year in jail and a five thousand dollar fine. If convicted of a DUI you can add to any potential jail and fines; a drivers license suspension, probation, a requirement to undergo a substance abuse evaluation and treatment, and you could be restricted to operating vehicles equipped with an ignition interlock device.
Unlike many other misdemeanors the offense of DUI carries many legislative required mandatory minimums. This means the court is required to impose upon a conviction certain minimums regardless of the circumstances of the case.
- Spokane
- Surrey, BC
- Gosal &
Associates:
Washington State and British Columbia have the strictest laws on
Impaired driving/DUI in North America. With the per se legal limit
being lowered to .08, the fight against DUI laws is increasingly
harder, but not impossible. Even if the breath ticket claims that your
Blood Alcohol Concentration (BAC) was over .08, you may have several
defences. Contact a lawyer without delay. At arraignment or first
appearance, always please Not Guilty, until you have consulted with a
lawyer. You can always change your plea afterwards.
- Dean White:
DUI charges often seem hopeless, but these charges can be defeated or reduced. It takes an experienced and determined criminal defense attorney to succeed, but the criminal charge is only half the issue. Once you have been charged with Driving Under the Influence by the State of Washington, the State, through the Department of Licensing, may also begin proceedings to suspend or revoke your driving privilege. You have a right to a hearing, however.
- Tacoma
- Vancouver
- Greg Schlile:
If you have been charged with a crime, you need an experienced lawyer to defend your rights.
- Matthew Philbrook:
If you have been charged with drunk driving, it is imperative that you have an attorney who focuses his practice on these matters. In Clark County, DUI defense attorneys must be aware of specific issues when analyzing facts and building a defense.
- Morse & Bratt:
A Serious Charge Needs A Serious Defense!
- Steven Thayer:
If a defendant does not request a hearing within 15 days from the date
of either an alleged breath/blood test refusal or an alleged
breath/blood test failure, ones driver's license is automatically
suspended even if the case is not subsequently prosecuted (if proper
notice of suspension was given to the defendant).
- Hicks & Meyer:
- You should take the breathalyzer test. Anyone who has been
issued a drivers license by the State of Washington has, by accepting
that license, implied consent to take the test. If you do not take the
test, your license can be revoked for a minimum of one year for that
reason alone.
- You should refuse to take any field sobriety
tests. If the police are investigating you for DUI they have likely
already decided that you should be arrested. By performing field
sobriety tests all that you will do is help them to build a case
against you. You are not required to take these tests.
- Immediately request to talk with an attorney. If you do not know
the phone number of an attorney, most police stations have the phone
number of attorneys who are on-call 24 hours a day. Request the
opportunity to talk with one of these attorneys before doing
anything.
- You should provide police officers with proper
identification, automobile registration and proof of insurance.
- You are not required to give police officers detailed information
about your activities. The more information you provide to police
officers, the more you are likely to incriminate yourself. Keep
conversation to a minimum.
- Always be polite. Address the
officer as "Sir" or "Ma'am". If you refuse to
comply with a request, decline politely but be firm in your decision.
Do not be swayed; if you have made a decision stick to it. You will not
be in less trouble by answering all questions and taking field sobriety
tests.
- Wenatchee
- Woods & Brangwin:
If you've been charged with DUI, hire someone with the skill and dedication to thoroughly analyze your case.
- Cassel, Beuhler & Murdock:
It can happen to the best of us. You make a mistake, or an error in judgment. You shouldnt have to pay for it for the rest of your life. To avoid the lasting repercussions, you need a good criminal defense team to protect your rights and advance your defenses.
- Yakima
- Adam Moore:
A conviction on DUI/DWI charges will result in fines, driver's license suspension or revocation, and possibly jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. Consulting an experienced attorney ... can make all the difference.
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