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Drunk driving defense is a specialized area, and
shouldn’t be entrusted to an amateur. The experienced attorneys of
1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a
proven defense strategy designed to minimize or even eliminate the
consequences of a Washington driving under the influence arrest.
Washington
drunk driving cases are most commonly referred to as DUI – driving
under the influence – or DWI – driving while intoxicated. Regardless
of what it’s called, a drinking and driving offense is a serious
charge that can have life-changing consequences for the driver.
A Washington DUI / DWI arrest actually triggers two separate cases
– in court, and at the DMV. Both cases require expert legal help, but
the DMV case is extremely time-sensitive. Motorists accused of drunk
driving in Washington have only 30 days from the date of arrest to
request a DMV hearing, or risk the automatic suspension of their
driver’s licenses.
Washington does have a "per se" law, which is another way of saying
that the legal limit for blood alcohol content (BAC) is .08 percent.
Any driver with a BAC of .08 percent or greater will be charged with
DUI / DWI.
Under Washington’s implied consent law, everyone who drives in the
state agrees to take a chemical test to determine BAC if arrested for
drunk driving. Refusal to submit to a chemical test can be used as
evidence of consciousness of guilt in court, and also result in
harsher penalties.
It’s important to note that the Seattle Municipal Court has special
rules, and demands special attention. Seattle Municipal Court one of
the busiest courts in Washington, and has many unique policies and
procedures related to DUI arrests. It’s important to note that while
many courts take up to a month or more to file a drunk driving case,
that’s not true in Seattle. A driver arrested for DUI will be required
to appear in Court within 48 hours of the next business day after the
arrest.
In most courts, prosecutors do not attempt to increase bail at the
first court appearance. However, Seattle prosecutors usually request
substantial bail and pretrial release conditions on all DUI cases.
These conditions may include mandatory attendance at Alcoholics
Anonymous meetings, the immediate installation of ignition interlock
devices, and abstinence from all alcohol.
Often, accused drunk drivers who appear in Seattle Municipal Court
without adequate legal representation find themselves taken to jail
immediately until they can post bail. Every accused DUI driver should
know that personal checks or credit cards are NOT accepted to pay for
bail.
The number of prior DUI / DWI convictions on a driver’s record will
affect the way a current arrest is charged and punished. Washington
has a seven-year “washout” period for drinking and driving offenses,
meaning that if the driver has a prior conviction that occurred more
than seven years prior to the current offense, his or her arrest will
be treated as a first-time DUI. If an arrest occurs less than seven
years after a prior offense, the driver will be treated as a multiple
offender.
The punishment meted out after a Washington drinking and driving
conviction can be severe. A first-offense driver with a BAC of less
than .15 percent faces one day to one year in jail or 15 days of house
arrest. The driver also faces a $823 to $5,000 fine, a 90-day license
suspension, an SR-22 proof of insurance requirement, probation,
alcohol evaluation and treatment, and the possibility of an ignition
interlock device.
A first-offense DUI driver with a BAC of .15 percent or greater, or
who refused to take a chemical test, faces two days to one year in
jail or 30 days of house arrest, a $1,078 to $5,000 fine, a one-year
license revocation, an SR-22 proof of insurance requirement,
probation, alcohol evaluation and treatment, and the requirement of an
ignition interlock device.
A driver convicted of a second-offense DUI / DWI who had a BAC of
less than .15 percent faces 30 days to one year in jail plus two
months of house arrest, a $1,078 to $5,000 fine, a two-year license
revocation, an SR-22 proof of insurance requirement, probation,
alcohol evaluation and treatment, and the requirement of an ignition
interlock device.
A second-offense drunk driver who refused a chemical test or had a
BAC of .15 percent or greater faces 45 days to one year in jail plus
three months of house arrest, a $1,503 to $5,000 fine, a 900-day
license revocation, an SR-22 proof of insurance requirement,
probation, alcohol evaluation and treatment, and the requirement of an
ignition interlock device.
A motorist with a BAC of less than .15 percent with two prior
drinking and driving convictions within the past seven years faces
three months to one year in jail plus four months of house arrest, a
$1,928 to $5,000 fine, a three year license revocation, an SR-22 proof
of insurance requirement, probation, alcohol evaluation and treatment,
and the requirement of an ignition interlock device.
A third-time drunk driver with a BAC of .15 percent or greater, or
who refused a chemical test, faces four months to one year in jail
plus five months of house arrest, a $2,778 to $5,000 fine, a four-year
license revocation, an SR-22 proof of insurance requirement,
probation, alcohol evaluation and treatment, and the requirement of an
ignition interlock device.
In addition to the criminal penalties imposed for a Washington DUI
/ DWI conviction, an accused driver also faces separate repercussions
at the DMV. A motorist accused of first-time drunk driving faces a
90-day license suspension. If the driver refused a chemical test, he
or she faces a one-year license revocation. A driver facing a second
administrative action within seven years faces a two-year license
revocation.
The consequences of a Washington drunk driving arrest and
conviction are severe, but may be avoided by aggressively fighting the
charges with the help of an experienced defense lawyer. The skilled
local attorneys of 1.800.NOT.DRUNK and
www.NotDrunk.com will provide a
free consultation and outline an aggressive defense strategy designed
to protect the driver’s rights and lessen the repercussions of a
Washington DUI / DWI arrest.
DISCLAIMER: No representation is made that the quality of legal
services to be performed is greater than the quality of legal services
performed by other lawyers.
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