Bellevue DUI attorney John T. has handled many DUI cases just like yours. While serving in the City of Everett Prosecutor's office, John T. learned to view DUI cases through the eyes of a prosecutor and understands the prosecutorial commitment to public safety. As a private defense attorney, he has obtained favorable results for clients.
Can I get a City of Bellevue DUI case Dismissed?
If you have been charged with a DUI in the City of Bellevue, there are a number of ways that your DUI charge could be dismissed:
1. The Bellevue Police did not properly maintain or calibrate the breathalyzer device;
2. There are problems with lab contamination;
3. The individuals that tested your blood were not properly certified;
4. The Bellevue police officer who administered the breathalyzer was not properly certified;
5. Your blood or breath was not taken within two hours after driving;
6. A medical condition explains why it appeared to the Bellevue police officer that you were under the influence;
7. You have dentures, braces or dental implants that may have affected a breathalyzer.
Will the City of Bellevue reduce charges against me?
Mitigating factors may reduce the charges against you. These factors include:
1. No history of driving under the influence or DUI;
2. No significant criminal history within the recent past;
3. Other mitigating factors in your personal or family life that may indicate this was a one-time occurrence;
4. Personal accomplishments and contributions to the community or City of Bellevue;
5. You may be a social drinker with no history of alcohol abuse.
What are the legal elements that the City of Bellevue must prove for me to be convicted of DUI?
Driving under the influence. RCW 46.61.502
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
Keep in mind that to convict you of DUI in the City of Bellevue must prove that you violated Washington State law. RCW 46.61.502 is a state law and not a City of Bellevue municipal code.
What is a Free Consultation and how does it work?
As a seasoned DUI attorney, it is my job to seek a dismissal or reduction in the charges against you from the City of Bellevue and Bellevue City Attorney. You want individualized information about your case and you want it now. I understand. John T. will sit down with you, review your options, and talk with you about your City of Bellevue DUI case. It is important that we get your side of the story. Many people who have been charged with a DUI or DWI in Bellevue simply assume that blowing over a 0.8 BAC closes the case. This is just the beginning. Seeking a Bellevue DUI attorney is the next important step.
It is imperative to get started as soon as possible- the more time we have before the trial date, the more time we have to prepare a solid defense strategy. The free consultation is an in-depth analysis of your options. Unlike many attorneys, I do not have a 30 minute time limit on your free consultation. The goal is to provide you with individualized information and options about your case.
Please bring any paperwork or documentation that the Bellevue police, Bellevue municipal court, King County District Court, Washington State Department of licensing or any other agency, court or municipality may have provided to you. The consultation is free and we will provide you with information you need to make informed decisions.
Suspended License (The 20 day rule)
The Washington State Department of Licensing requires that you file for a D.O.L. hearing within 20 days of your Bellevue DUI. If you fail to file for this hearing within 20 days of your DUI, your right to a hearing is waived and your license will be suspended for 90 days (1 year for a 2nd DUI/DWI). Your license will be suspended on the 61st day following the date of your Bellevue DUI arrest.
A public defender cannot assist you with a D.O.L. hearing because it is not a criminal proceeding. Losing your license for an extended period of time can have a significant impact on your life and career. If you received a DUI in Bellevue less than 20 days ago, call me for a free consultation so we can discuss your options. By requesting a D.O.L. hearing, we may be able to prevent your license from being suspended while you wait for a hearing. It could be months before the D.O.L. can provide you with a hearing so speaking with an attorney before the 20-day window is critical.
The D.O.L. hearing has a fee of $375. The hearing can be requested through the Washington State Department of licensing HERE A D.O.L in Washington State is not handled by the City of Bellevue. If you fail to request a hearing then your license will be suspended. In order to get your license back you will have to obtain SR-22 "High-Risk Insurance." This will present you with an increased expense for years to come.
King County District Court (Bellevue Division)
Bellevue is regarded as being extremely tough on DUI/DWI defendants in terms of negotiations. Bellevue DUI's and DWI's are generally handled by the King County District Court in Bellevue. The Court is located at: 585 112th Ave SE, Bellevue, WA 98004.
King County District Court (Bellevue Courthouse) hears all criminal misdemeanor cases. You may have been arrested by Bellevue Police or a King County Sheriff in Bellevue. This will determine which office is charged with the duty of prosecuting you.
Bellevue DUI Statistics
In 2013, the City of Bellevue charged 218 individuals with DUI and in 2014 the Bellevue Police are on pace to write about the same number of DUI's. This is a rate of a little over four per week. Bellevue currently has a population of 135,000 people.
In 2013, based on population, 1 in every 620 Bellevue residents received a DUI. The city of Bellevue is aggressive about giving out DUIs and seeking support from a seasoned Bellevue DUI/DWI attorney is critical.
Hiring a Local Attorney Matters
My office is located in the heart of downtown Bellevue. Not only am I located in Bellevue, but I grew up here and graduated from Bellevue High School. I have relationships in the community and am familiar with the prosecutors and judge's who will be handling your case.