Reader’s Question:

Do I have a right to an attorney when I am stopped for a DWI investigation by the Washington police?

Mark

Bellingham, WA

The law in Washington provides that all people brought to a halt for driving with Intoxication initially do not have the privilege to an attorney. In actual fact, you do not have a privilege to even talk to a lawyer until after the primary investigation on the street of Washington is complete and you have been brought to jail. Most citizens of Washington do not comprehend that subsequent to their arrest, in which they are not at liberty to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath or urine test. Keep in mind, that it is still a best to request an attorney when you are first stopped by the police and you want to continue requesting to speak with your lawyer before continuing further with any of the law enforcement officer’s other other requests. Requesting to speak to an attorney is one way of protecting yourself. The hired attorney will help you go through the process while the investigation is on going. The lawyer can help you a great deal with the investigation by representing you in court or just simply to talk to the law enforcements. The attorney can also help clarify and explain the law regarding DWI especially if you don’t know anything.

Reader’s Question:

Hey. I have a very simple question for you. My boyfriend was convicted with DUI in Washington. His license was suspended and he badly needs to get a hardship license. How can he obtain one?

Leizl

Bellevue, WA

I have a very simple answer since you have a very simple question. If his license was suspended in the State of Washington, there are several steps to take to obtain hardship license. He needs to sign up online for a 12-hour traffic school (ADI) class. Then he would have to go to the Clerk of Court and get a “30-day search” of his driving record. If he has received the Letter of Enrollment from the Traffic School and a letter from the Clerk, he can go to the DMV and apply for a hardship license with a Hearing Officer. After that, he needs to complete the 12-hour online course. If he is a ‘habitual offender’ as indicated in the DMV Letter of Enrollment, he must complete the course before he can apply for the hardship license.

Hope I was able to give you the information you need on obtaining your boyfriend’s Washington hardship license. Good luck.

Reader’s Question:

My nephew is on probation in Washington because of a felony theft. Unfortunately, he was arrested yesterday for DWI, and worse, it is his second DWI in 4 years. Will his probation for felony theft automatically be revoked? Can a legal representation would be of any help?

Jason

Bellevue, WA

Of course, getting a lawyer would be of big help so I suggest you do so the soonest time possible. It would be an automatic court ordered Motion to Revoke probation (MOR) and a minimum of 30 days of jail time if you are on probation in Washington State and get arrested for any case. An attorney is the only one who can be able to negotiate jail time. Your nephew will get a copy of the letter sent to the court that placed him on probation to revoke his probation and the date he and his attorney will need to attend the hearing. It would also include all previous probation requirements not met including payments. Expect him to serve jail time since he has a previous criminal record and this is his second DWI in Washington.

My advice is that for him to hire an attorney who has a good reputation over DWI cases. A little warning, though, it may cost you a small fortune to do so. If he was bailed out of jail for the arrest and later finds out that he cannot afford to hire a lawyer before the first court date, the court would likely not allow him a Court-Appointed lawyer. That is because if you can bail him out of jail, you can hire a lawyer as well. If you really plan to help your nephew, you need to make sure that you have the financial resources and, mind you, a very strong level of patience.

Reader’s Question:

Here is the situation; my dad was driving drunk on his way home to our Lakewood’s residence. A police pulled him over and charged him with DUI. Now, he is on trial waiting for his conviction. I want to know what are the possible punishments with regard to DUI in Washington.

Justin, Lakewood WA

Hi ya Justin,

Kinda a sad situation knowing about your dad facing a trial for DUI charges. My mom who loves to drink, was in the same footing with your dad right now. As far as I can remember, the Washington DUI lawyer that my mom hired told us, that the possible punishments that she will be facing will be the following:

1. Jail time (one year for first time offenders)
2. Fines ($5,000 for first time offenders)
3. Suspension or Revocation of Driver’s License
4. Electronic Home Detention
5. Ignition Interlock

A lot is at stake when being charged and convicted of DUI, right here at Washington. Just like my mom, she was a first time offender. She was in jail for a year and even had a fine of $5,000. If your dad is a first time offender, there is a greater chance of having same punishment as my mom did.

Don’t lose hope, your dad had a chance not to be convicted if he has the best Washington DUI lawyer to defend him and make sure to have all the possible remedies and apply the laws into your dad’s side. Winning the case is just a step away only if the Washington DUI lawyer your father hired is a competent one.

Reader’s Question:

I just moved in to Washington days ago. My colleagues often told me that the Washington laws about DUI are one of the toughest in the nation. I like having a night out with my friends and drive myself off home. What are the basics that I need to know about DUI in Washington?

Elizabeth, Everett WA

Hey Girl,

I am more like you, kinda the party girl yet have the guts to drive home even after getting a few drinks. Your friends are right, here at Washington laws are stricter and you should be aware of that.

Here are some basics that you should remember when confronted with a police officer arresting you for DUI.

1. When the officer punches a hole right in your driver’s license, it means that the Department of Licensing is giving you an official notice that your driver’s license will be suspended for the mere fact that you are being suspected for DUI.
2. If asked to take the Breathalyzer test and you refused, you will have your driver’s license revoked for at least 1 year.
3. With regard to your car insurance, an additional 3 years will be given to you it is as if you are convicted. Same consequence applies.

If I were you girl, I aint going to drive when you are totally drunk. You will never know when you will be arrested for DUI. I was lucky to have passed the tests a couple of times and not faced conviction. However, just last month I was arrested and facing charges. It changed my life and I tell you, it is very difficult to find a job and get your life back after being convicted with DUI especially here at Washington. For just one night of happiness and being drunk out with friends, your life will change dramatically as DUI conviction has done to me. Next time you drink that tequila and you want to drive yourself home after a night out, think it twice if it’s all worth it.