Reader’s Question:

As I was driving home from work, I was caught drunk driving two weeks ago in Graham-Thrift, Washington. I have already weighed all the consequences if I will be convicted for DUI. Aside from jail time and paying fines, what other things should I expect that could happen to me?

Gael

Graham-Thrift, WA

We all know that you may lose your driver’s license after your DUI charge in Graham-Thrift, Washington. And you may think that your job would be safe, right? Think twice because it is a distinct possibility with any DUI conviction that you could lose your job.

DUI may have a domino effect, not only that you have to serve time in jail and pay stiff fines, you may also be assigned to do community service which could mean that you have to take time from work, and your boss would not like that. So, you might as well lose your job sooner than you think. And after losing your job, you have to be ready to apply for something new. You now have to worry about the DUI charge showing up on background checks which is a common routine when completing the employer’s application process. So, with the threat of losing your job and having a hard time finding another one, only a qualified DUI attorney will fight for you when no one else will.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My husband was arrested for DUI in Lakewood, Washington and he failed the blood alcohol test as well as the breath test. He is suffering from GERD and from what I heard, we can use that as a defense. How true that GERD poses problem on the accuracy of breath testing?

Wendy

Lakewood, WA

Gastroesophageal reflux disease or GERD is a chronic condition that results from esophagus deterioration from stomach acid eruptions over time. The impact on breath testing is if the alcohol erupting from the stomach into the mouth from gastric reflux poses a problem with accurate breath testing during a 20-minute observation period.

In Washington, the Washington State Patrol studied the issue of GERD and concluded safeguards should be carried out for accurate and fair breath testing. Their conclusions for appropriate breath alcohol testing implied a sound forensic practice should be followed to guarantee the integrity of the breath test and GERD recognition. The safeguards include at least 15-minute pre-sample observation period, instrument detection of mouth alcohol, duplicate testing, visual observations looking for symptoms of GERD and alert operators who ask appropriate questions. Your husband can definitely attack the results of the breath test and use it as a defense on his DUI charge in Lakewood, Washington especially if the safeguards on breath testing are not followed.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My daughter has just been recently charged with DUI here in Kent, Washington. It was reported that she performed poorly in the field sobriety tests. How can we still challenge the results of the field sobriety tests?

Dylan

Kent, WA

There are many ways that a good DUI lawyer in Kent, Washington can attack the results of the field sobriety tests (FST’S). First of all, FST’s difficulties are caused by many things. Yes, your daughter may have performed poorly on the FST’s but that does not mean that she was driving under the influence. The National Highway Traffic Safety Administration (NHTSA) has guidelines when it comes to conditions for administering the FST’s. A lot of things can affect person’s abilities on the FST’s. For example, your daughter may have became nervous when she was pulled over by the police, taken from her vehicle, asked some questions drunk driving, etc.

There are also other factors that affect poor performance on FST’s. The list includes lighting conditions. Your daughter may have conducted the test on little or worse, no lighting at all. Also, part of the list on reasons why a person may fail FST’s would be hills or slippery surfaces, the type of clothing or the shoes worn, if it was too close to traffic and atmospheric conditions. According to studies, many of these road side tests or FST’s have a low probability of identifying intoxicated or drunk individuals.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My son has been arrested because of a DUI offense in Everett, Washington. Many have emphasized about the importance of getting a lawyer to represent him on his case. But what can a lawyer do in my son’s case if they have hard evidence against him?

Fallon

Everett, WA

You should take your chances on your son’s case, Fallon, even if you think they have hard evidence against him. That’s more reason to get a good DUI lawyer to defend your son on his DUI case in Everett, Washington. The laws in the state of Washington are constantly under review and augments and revisions are constantly pending. You have to keep in mind that the consequences for DUI conviction have become very onerous so the old adage of “get a good lawyer” still holds true. Just think hard about this, your son’s financial well being, maybe including yours, as well as his mental well being is at stake.

Your son is risking much more than a differential in paying higher fines. He could be risking his liberty and his driving rights for many years, if not permanently that’s why having a qualified and competent Washington DUI lawyer is very critical at this point. Finding a DUI lawyer is not difficult and even negotiating a competitive rate is attainable because they know you can go just down the corridor. The bottom line here is the end result and the status of your son’s life going forward.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I was arrested for DUI in Spokane, Washington and I am just waiting for my first court date. I wanna be prepared and all and I have already talked to my lawyer regarding the defenses that we will use. What I need to know now is where will my court hearings take place?

Trevor

Spokane, WA

When you are arrested for DUI in Spokane, Washington, your case will be heard in a particular court. The specific court your case is docketed in depends on some factors including which police agency arrested you and how many DUI convictions you have. If this is your first or second DUI charge, the case is still a misdemeanor and your case will be in either a municipal or district court of the county where you were arrested. Your case is a felony if you have three DUI convictions and you will be scheduled for a preliminary hearing in the District Court of the county where you were arrested. Depending on how you were charged, a DUI felony conviction may also be heard originally in the Circuit Court of the county you were arrested.

Your case will be heard in the municipal court of Spokane if you are arrested for a DUI in a municipality by a municipal police officer if Spokane has a municipal court. Municipal courts and district courts have no power to hear DUI felony cases. However, a district court can have preliminary hearings in DUI felony cases.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I’ve been keeping myself constantly updated with the latest updates and developments about DUI, especially the defenses because I have once been wrongfully accused of the said offense in Bellingham, Washington but the charge was dismissed. I’ve heard so much about this rising blood alcohol level. What does rising blood alcohol level mean?

Emma

Bellingham, WA

It’s nice to know that your DUI charge in Bellingham, Washington had been dismissed if you were not really driving under the influence. Well, to answer your question, rising blood alcohol level is one the defenses being used in a DUI case. This means that a person suspected of DUI may have different blood alcohol content (BAC) reading that what it really is. For example, a person suspected of DUI can blow a .15 percent at the police station, but have had a .07 percent BAC when he got pulled over. This is because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create the peak blood alcohol level. This is very critical if the DUI traffic stop occurred relatively soon after the person finished drinking.

The BAC was probably still rising when the person blew in the machine which means that even if the BAC was above .08 person when the blood draw or breath test occurred at the police station (or hospital), it may well have been below .08 percent when the person was actually driving. There is no law against having a BAC above .08 percent at a police station; it’s only the BAC level while actually driving that counts for DUI purposes.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend of mine asked me to help her find SR22 auto insurance here in Bellevue, Washington because she was convicted for DUI. What exactly is SR22 auto insurance and how can she find one?

Collette

Bellevue, WA

Your friend might have received the dreaded Department of Motor Vehicles (DMV) letter requesting a certificate of financial responsibility because of her DUI conviction in Bellevue, Washington. SR22 auto insurance is really just a form that proves to the DMV that your friend has the minimum liability limits for her vehicle. Because of her DUI conviction, the DMV requires SR22 for drivers they deem “high risk.”

Washington State does not require auto insurance companies to offer this type of insurance but many insurance companies are willing to offer SR22 insurance, but for a higher price.

If your friend is currently insured with a company, you can ask her to check with them first. Ask if they are able to file an SR22 for her and what the filing fee is. Remember that this could raise her rates, depending on the reason the form is needed. If the price doesn’t suit her, you can help her shop around to out which insurance companies offer SR22 and better yet, which one offers the best price.

Tags: drunk driving insurance, drunk driving laws, insurance, SR22 insurance

Reader’s Question:

My sister has just been recently charged with DUI here in Washington. She was thinking about just pleading guilty to her charge but her DUI lawyer advised her that she has an option for a deferred prosecution. I didn’t get the chance to ask her what it is. So, what does it mean if she will have a deferred prosecution?

Shirley

Seattle, WA

In Washington, when facing a DUI charge, one can plead guilty, go to trial or have a deferred prosecution. This is nothing more than a contract and by entering to this, you agree to do five things. Your DUI case is dismissed at the end of the contract if you do the five things. The five things are required by statute which means that a judge must include all five in the contract.

First is that you must get an alcohol evaluation and the evaluation must say that you are an alcoholic which means you would have two years of alcohol classes. A lesser evaluation would disqualify you from being granted a deferred prosecution. Second is that you will be under probation for five years. Third is that you should have good behavior for five years which means you should have no new criminal law violations. Fourth is that you have to go to Victims Impact Panel class where you listen to family members of people who have been killed by drunk drivers. Last is that you should have an ignition interlock device installed in any vehicle you drive.

Tags: DUI, DUI lawyer

Reader’s Question:

My father is a company driver and just two days ago, he was charged with DUI here in Washington. He wasn’t fired by the company he works for because he has been employed there for more than a decade and this is his first DUI charge. What would be the effects of his DUI arrest on his job as a driver?

Izzie

Shoreline, WA

A DUI arrest in Washington State sets in motion two ways that your father can suffer due to loss of his license. First is the administrative license suspension at the hands of the Department of Licensing and by court action if he is subsequently convicted of DUI.

Immediately after the DUI arrest, if he didn’t refuse the blood alcohol test, his driver’s license will be suspended for 90 days and he may be eligible to have a temporary restricted license but only after he has served 30 days of the suspension. Thus, since his job absolutely depends upon driving, a DUI arrest can make him unable to perform his job for a minimum of 30 days.

If he survives the 30 days of absolute suspension, he will then be eligible for a temporary restricted license which will permit him to drive to and from work for the remaining 60 days of the 90-day license suspension. His employer must sign the temporary restricted license application.

Since your father is driving a company car, as a condition of granting a temporary restricted license after a DUI arrest, the Washington State Department of Licensing requires proof that an ignition interlock device is installed in the vehicle that your father is driving. This device is a breath testing machine attached to the car’s ignition that he must blow into every time he starts the vehicle and also periodically while driving the vehicle. The car will not start if alcohol is present and the horn will honk and lights flash if alcohol is detected while driving.

Tags: DUI, DUI lawyer

Reader’s Question:

They say that I would have to hire a lawyer to represent me in my DUI case in Washington. I’m still thinking twice in doing so because it may cost me a lot of money. Is it really expensive to hire a DUI lawyer?

Evan

Yakima, WA

People caught operating a motor vehicle who are driving under the influence of either drugs or alcohol are charged with a criminal offense. It is unlawful to drive under the influence of alcohol or drugs in the state of Washington. Compared to other lawyers, DUI lawyers have a detailed knowledge of DUI laws and have a good experience in handling DUI cases. They are familiar with all the nuances and particulars involved with DUI offenses. People involved in DUI cases are strongly advised to consult and hire the services of an experienced and well-qualified attorney because the law enforces harsh measures on offenders.

The fee actually depends on the arrangement. Make sure that the fees fully clarified and are set in a written contract to protect yourself. Some DUI lawyers ask for an initial retainer. Some give ‘all-inclusive’ packages, but be careful with this kind of lawyer. You always have to make sure that the package covers extra costs such as those related to the Department of Motor Vehicles (DMV) license hearing, the fee for the expert witness, fees for blood reanalysis (if needed) and subpoena costs, among others. In general, DUI lawyers charge $500-$1,000 but it may go up in cases of repeat offense.

Tags: DUI, DUI lawyer