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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.
DEFERRED PROSECUTION
A good DUI defense attorney will review all of the evidence, evaluate your case, and give you a good idea of where you stand. Very few cases end in trial. Most will resolve themselves prior to trial. There are other options you should be aware of, including a deferred prosecution.
Washington
State law (RCW 10.05) offers an alternative to prosecution in DUI
cases. If you have an alcohol and/or mental health problem, you can complete a
two year intensive outpatient treatment program in lieu of criminal
prosecution. If you successfully complete the treatment program and abide by
all other conditions imposed by the court (such as imposition of an ignition
interlock, court costs, etc.) the criminal case will be dismissed. The
dismissal will occur three years after the completion of the treatment program
but not sooner than five years from the entry of the deferred prosecution. The
dismissal will include the Department of Licensing administrative action
unless you refused to submit to a breath test.
You can participate in one deferred prosecution program during your lifetime. Eligibility for the program requires that you acknowledge your alcohol and/or mental health problem and that you believe you may re-offend if the problem is not treated. You must also tell the court that you do not believe you are innocent of the charge. Deferred Prosecutions involve a very high-level commitment on behalf of the participant. No one should enter into a deferred prosecution unless they understand the level commitment and the consequences they face if they fail to honor the commitment. A typical 10.05 treatment program will include:
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Phase I: 72 hours of intensive outpatient treatment within a 90 day period. This is accomplished by attending three sessions per week;
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Phase II: Six months of attending at least one treatment session per week;
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Phase III: Monthly contact in group counseling sessions for the remainder of the two year treatment period.
When you enter a deferred prosecution program, you give up your right to a trial. If you violate the terms and conditions imposed by the judge, the court can revoke the deferred prosecution and find you guilty of DUI by simply reading the police reports. It is very important to abide by the terms of the deferred prosecution and to complete all of the requirements.
