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DUI DEFENSE
If you are charged with a DUI, or
expect DUI charges to be filed against you, Dan can help. DUI is a serious
offense that carries both administrative and criminal penalties. In order to
understand these penalties, and the criminal process, you should consult an
attorney. All of Dan’s DUI consultations are free. Through a consultation, Dan
can discuss with you your situation and your options in defending against the
DUI charges. The information discussed in a DUI consultation is confidential
even if you choose not to retain Dan’s services.
A DUI case has several important phases. The DUI case begins on the night of
the arrest and may conclude with a jury trial, a plea bargain to a lesser
charge, an outright dismissal, a deferred prosecution, or a conviction.
Whatever the final outcome, a person charged with DUI needs to understand the
implications a DUI will have on their driving record, their job, their family,
and their criminal history. In order to protect your rights, and to maximize
your likeliness of an optimal outcome, you should contact an attorney
immediately after you have been arrested for DUI.
UPDATE:
If
you have been convicted of DUI, or plead guilty to DUI or a crime that was
originally charged as a DUI over the last seven years, you may be able to have
your conviction overturned! The former Washington State Patrol crime lab
manager resigned on July 20, 2007, amidst allegations that she falsely
certified lab tests that relate directly to the validity of breath test
results.
If you have a DUI conviction on your record, schedule a free consultation with
Dan. You may have a legal basis to attack your judgment.
DUI PROCESS
Breath Testing
Under the laws in Washington, when you drive on the roadways of this State you
are deemed to have consented to take a breath test if an Officer believes your
ability to drive is impaired by alcohol or drugs. Both a refusal to take the
DataMaster breath test and a breath test result of .08 or greater carry
consequences. Before you are asked to take a breath test, the Officer is
required to read you a set of warnings known as the Implied Consent Warnings
for Breath (ICW’s). After the ICW’s are read, the Officer will ask you whether
you want provide a breath sample. The law regarding taking or refusing the
breath test is one of the most complicated areas of DUI law. You should
always consult an attorney before agreeing to take a breath test. The officer
has an obligation to allow you to contact an attorney. Make sure you exercise
this right. You are entitled to call an attorney, although the law does not
entitle you to contact the attorney of your choice.
It is important to understand that there are consequences for both providing a
sample above the legal limit and refusing the breath test.
What happens if I take the test?
If
you have no prior DUI convictions and no prior (within seven years) Department
of Licensing administrative actions and the test result is .08 or higher, the
Department of Licensing will suspend your driver's license for 90 days
administratively. You may apply for a temporary restricted license after the
first thirty days of the suspension have elapsed. However, you will need to
acquire SR-22 “high-risk” insurance before getting the temporary license. You
must also understand that evidence of a breath test will be used against you
in a criminal proceeding. Learn more about the administrative and criminal
penalties associated with taking a breath test.
What happens if I refuse the test?
If you refuse to take a breath test, there are a number of adverse consequences, the most serious of which 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. One must serve the first 90 days of the revocation before becoming eligible to apply for a temporary restricted license. The Implied Consent Warning makes no mention of these important facts.
Furthermore, a refusal is admissible in the DUI trial. In other words, the prosecutor can argue to the judge or jury that the reason you refused testing was because you knew you were drunk and would fail the test. Learn more about the administrative and criminal penalties associated with taking a breath test.
It is important to know that before the DOL suspends your license, you may contest the suspension at a hearing. You must request a hearing by sending a hearing request form to the DOL along with a $200 payment. If you do not request a hearing, your license will be suspended automatically. Download a Hearing Request Form.
