Washington State DUI attorney John T. has handled many DUI and marijuana 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 prosecutors commitment to public safety. As a private defense attorney, he has obtained favorable results for clients charged with DUI in Washington State.
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 DUI arrest. If you fail to file for this hearing within 20 days of your DUI, your right to a hearing will be waived and your license will be suspended for 90 days or for 1 year if this is your 2nd DUI or DWI. Your license will be suspended on the 61st day following the date of your King County DUI arrest.
A public defender cannot assist you with a Washington State Department of Licensing 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. As well as being embarrassing. By requesting a D.O.L. hearing, we can prevent your license from being suspended while you wait for a hearing. It could be months before you are provided with a hearing so speaking with a Washington State DUI attorney before the 20-day window is critical.
I was arrested for DUI, now what?
1. Hire a defense attorney who is familiar with the workings of a DUI. I am a seasoned attorney that has worked with many clients and successfully had their DUI charges reduced or dismissed. In order to have the best opportunity to attempt to get your charges dismissed or reduced, you need to be represented by an attorney.
2. Request a hearing with the Department of Licensing to contest the revocation or suspension of your license. This request must be postmarked no later than TWENTY (20) days after your arrest.
3. Get an alcohol and drug evaluation as soon as possible from a state certified treatment agency.
4. Attend a Victim's Panel course and receive documentation to show completion of the class.
I was arrested for DUI and have a DUI Arraignment scheduled at court. What is a DUI Arraignment court date?
If you have been arrested for DUI then the first time you will see a judge in court will likely be at your DUI Arraignment. Many important things happen at a DUI arraignment:
1. You will be advised of your legal rights at arraignment. These rights include your right to the presumption of innocence, right to a jury trial and your right to have your own attorney.
2. The judge will ensure that you have an attorney. This may be a public defender if you cannot afford your own attorney, or a private attorney.
3. If you are not a US Citizen you will be advised of your rights to have your native nations embassy informed about your arrest.
4. The judge may set bail in your case. Depending on your criminal history, level of intoxication, driving history, and the presence of an accident in your case the judge may set bail in your case. Bail in a typical DUI case can range from $0 - $10,000. If the juge sets bail in your case then you will have to pay that amount to be released. If you cannot pay the entire amount you may use a bail bondsman to help you post bond.
5. Conditions of release will be set. These conditions of release can include things like: wearing an ankle bracelet alcohol detection device, an interlock breath test device in your case, a complete prohibition from using alcohol and more.
Can I get a Washington State DUI case Dismissed?
If you have been charged with a DUI in Washington State, there are a number of ways that your DUI charge could be dismissed:
1. The Washington State Patrol or Police Dept. has not properly maintained or calibrated the breathalyzer device;
2. There are problems with lab contamination;
3. The individuals that tested your blood were not properly certified;
4. The 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 officer that you were under the influence;
7. You have dentures, braces or dental implants that may have affected a breathalyzer.
Will Washington State Prosecutors reduce charges against me?
Mitigating factors may reduce the lead to a reduction in the DUI charges against you. These factors include:
1. No history of driving under the influence;
2. No significant criminal history;
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 and Washington State;
5. You may be a social drinker with no history of alcohol, drug or marijuana abuse.
What will the impact on my career be?
I have handled the DUI cases of many professionals including: commercial pilots, commercial drivers, bus drivers, union members, police officers and government employees. The case strategy for handling a criminal case is often very intertwined with the strategy for handling a case to present to an employer. Many employers may consider termination of an employee who has received a DUI. However, with the proper alcohol evaluation, educational classes and mitigating factors, you and your attorney may have a good case for your employer keeping you.
Can I get a Washington State DUI case Expunged or Vacated?
No, never. Washington State law does not allow for even a first time DUI to be vacated. Therefore, it is important to fight an allegation of DUI, even if it is a first offense.
What are the legal elements that the King County 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.
What happens if I plead guilty to a DUI charge?
Many individuals facing a DUI charge accept a plea bargain or guilty charge in hopes that it will make the issue go away faster and result in fewer negative outcomes. However, this not the case. While it may be appealing to accept what the prosecutor is offering, it often is not in your best interest and can result in life long consequences including: expensive fines, restricted travel, mandatory jail time, license suspension or revocation and the recording of a DUI conviction on your permanent record that cannot be expunged. Seeking a DUI attorney will better your chances at negotiating a deal that can either lessen the charges or have the case dismissed rather than pleading guilty.
What is a Free Consultation and how does it work?
As a seasoned Washington State DUI attorney, it is my job to seek a dismissal or reduction in the charges against you. You want individualized information about your case and you want it now. I understand. I will sit down with you, review your options, and talk with you about your Washington State DUI case. It is important that we get your side of the story about what happened. Many people who have been charged with a DUI in Washington simply assume that blowing over a 0.8 BAC or having a marijuana THC level of 5.00 closes the case. This is just the beginning. Seeking a DUI attorney for individualized information 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. The free consultation is an in-depth analysis of your options. It takes into account the individualized and specific facts surrounding your case. Unlike information you can get on the internet it is tailored to you. Additionally, I do not have a 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 Washington State Patrol, District Court, Washington State Department of licensing or any other agency or municipality may have provided to you.
Washington State Courts
Washington State is generally regarded as having large jurisdictional variations in the way DUI defendants are prosecuted. This means that DUI cases are handled very differently from one town or city to another and handled very differently in various counties. You may refer the this website for more specific jurisdictional information. The addresses for the various courthouses in Washington State can be found HERE.
Before you attend a court date in a Washington State Court, it is important to obtain aggressive and effective representation.
Washington State DUI Statistics
In 2017, Washington State charged 26,335 individuals with DUI. This is a rate of a little over 72 charges per day. Washington State current population is about 7,400,000 people. This means that one in every 280 people in Washington State are charged with DUI each year. On the positive side, only about 50% of people charged with DUI in Washington State are convicted. This means that statistically you have a reasonable chance to have your charges dropped or reduced in Washington State. At John T Law, PLLC my statistics are better than the Washington State average. With an experienced Bellevue DUI attorney in a Washington State Court your chances of beating the charges are good.