I am so worried about my brother because he was already convicted for DUI before here in Washington and he is once again charged for it. What are the possible consequences should he be convicted again this time?

Clarissa

Seattle, WA

First of all, it is highly advised that he should have a strong representation on his second DUI case so it is important that he hires a DUI lawyer. A second DUI in Washington means having committed the offense within seven years after the first conviction. This time, the consequences are severely bigger because he might be facing a mandatory jail time. Also, his driver’s license may be suspended for a longer period of time. So don’t ever wait to seek the advice of a DUI lawyer about this matter.

The consequences for a second DUI conviction in Washington include 30 days to one year in prison, 60 days of electronic home monitoring, at least $500-fine and two-year driver’s license suspension.

However, there are also consequences involved even if the case is still in trial, specifically if the first offense was just a recent one. The prosecutor would demand that the suspect has substantial conditions to be released from supervision while the DUI case is still pending. While the real aim of conditions of release is to safeguard the community and keep them secured, prosecutors contend that these conditions would make the accused sober, thus keeping the community safe. Alcohol supervision, electronic home monitoring and some other preventive devices are included in these conditions.

What happens if I don’t have a lawyer and I don’t attend the hearing at the Department of Motor Vehicles for my DUI case here in Washington? But if I do attend the hearing, do we have to request for the officer to be present at that hearing?

Jai

Enumclaw Plateau, WA

The hearing at the Department of Motor Vehicles (DMV) for your DUI case in Enumclaw Plateau, Washington is very important. If you don’t attend that hearing, you would not be able to drive for a period of one year because your driver’s license will be suspended. It is a serious traffic offense if you drive and be caught driving after your license has been revoked; it doesn’t matter if you drive for work or personal reasons. A very good DUI lawyer can advise you how to get driving privileges restored for work and school so you need to get a DUI lawyer to represent you at your DMV hearing and at your court trial.

If you don’t request for the officer to be present at the DMV hearing, you would have to subpoena him or waive his presence. The DMV hearing would be based on the officer’s report only. If this happens, you would not hear how the officer would testify. This is very important because your DUI lawyer could learn many things at this DMV hearing if the officer is present. If the officer fails to justify what was done or fails to appear, you could get your driver’s license back.

My sister was accused of DUI here in Washington and her DUI lawyer is in the process of reviewing her case. I heard that she was not read his Miranda rights during the arrest or something. What will happen to her DUI case now, will it be dismissed?

Elias

Spokane, WA

Unfortunately, your sister’s DUI case in Spokane, Washington would not be dismissed if she was not read her Miranda rights. The Miranda warnings should be given if the person accused for DUI is already under “custodial interrogation.” If the person is under custody, he/she will not be free to leave or terminate the investigation. Interrogation would be the direct questions or their functional equivalent designed to elicit incriminating information.

While there is no debate that the questions that are asked by the police officer are an ‘interrogation,’ it has been decided by the courts that most of the questions directed to the DUI suspects are asked before the person is in custody for the purposes of Miranda. In other words, in most DUI cases, there is no legal obligation for the officer to advise the DUI suspect of his/her rights. If there is a Miranda violation, it would merely result in the suppression of statements that are obtained as the result of the violation.

I was charged with DUI here in Kent, Washington and everyone is telling me that I should hire a lawyer. To save a lot of money, why can’t I just represent myself?

Howard

Kent, WA

Yes, you may be saving a lot of money without a lawyer by representing yourself in your DUI case in Kent, Washington but this could give you a risk of spending a lot more money later on if you lose your DUI case. An old saying that says, “He who represents himself has a fool for a client,” could be true for most criminal cases. It would be almost never a good idea to respond to a criminal charge like DUI without a good, experienced lawyer because a DUI case is such a specialized and technical matter.

An experience DUI lawyer could spot and develop the favorable issues in your DUI case. The DUI lawyer could also assess the value of your DUI case in the particular court and community where it is being heard and he/she could also negotiate the deal that would have the least harmful impact on your particular life situation. No matter how bright you may be, or how much Nolo reading you do, a lay person accused of DUI is almost never gonna be able to do this as effectively as a skilled DUI defense lawyer.

I got charged with DUI in Washington and it seems impossible for me to get out of this. Would it still be possible for me to win my case or shall I just give it up?

Mae

Bellevue, WA

Nothing would be impossible and anything could still happen if you try to fight your DUI case in Washington. All you need is a DUI lawyer who has an extensive track record of fighting and winning DUI cases. Through an experienced DUI lawyer, it’s not only possible to get DUI charges reduced to a lesser offense, but in some cases, a good DUI lawyer can be able to get them dismissed entirely. The DUI lawyer can also be able to put up DUI defenses applicable in your case. The line of DUI defense includes arguing constitutional violations and challenging blood alcohol content test results.

A DUI specialist would systematically review police reports for any lapses and inconsistencies in procedure. The DUI lawyer could also request complete disclosure concerning the machine used to test your blood alcohol level, the lab certification and the personnel involved in the maintenance and operation of the machine. With all these DUI defenses and more, you don’t have to think that it would be impossible for you to get out of your DUI charge.

My cousin was arrested for DUI here in East Seattle, Washington and he told me that his lawyer visited the place where he was arrested. Is it necessary for the lawyer to personally check out the arrest location?

Brynn

East Seattle, WA

Visiting the arrest location can be exceedingly crucial in your cousin’s DUI case in East Seattle, Washington. A good DUI defense lawyer usually takes pictures of the spot where the tests were given. The reason behind this is to point out that the particular location made the field sobriety tests difficult to perform. An example is that if there was a heavy traffic speeding by on a highway or if the of the road used for the roadside test is slanted because a slanting road automatically make the field sobriety tests more difficult to perform. Another thing is that a winding road may be able to explain erratic driving.

Seeing and knowing these things would make it much easier for your cousin’s DUI lawyer to ask probing questions about the field sobriety tests and in some cases, point out a physical impossibility to the jury. Another example is that the officer may testify that your cousin wove too many times on the road but there could not have been enough time for him to weave many times in a given stretch of road. There also could have been obstacles preventing him from driving with two wheels on the sidewalk.

I would not know what to do if I will be arrested for DUI in Washington because I haven’t experienced it and I don’t know anyone who already has. Can I contact a lawyer before deciding to take the blood or breath test or will they take it as a refusal?

Dan

Tacoma, WA

If you will be arrested for DUI in Tacoma, Washington, you should tell the officer that you are not refusing to take the blood or breath test, only that you want to talk to a lawyer before making the decision. This answer would demonstrate that you have the normal use of your mental faculties and most of the jurors will think that is what they would want to do if they were under arrest for DUI.

But Washington State DUI laws state that the person making the arrest shall take the arrested person or have him taken without unnecessary delay before a magistrate. The magistrate should then inform the person arrested what he/she is being charged with and his/her rights to hire a lawyer, remain silent, have a lawyer present during any interview with peace officer or attorneys representing the state, terminate the interview at anytime, request appointment of a lawyer if they cannot afford one and an examining trial. Therefore, an officer is being unfair if he/she tells you that you don’t have a right to a lawyer if you have already been arrested for DUI.

A friend of mine was arrested for DUI in Washington and none of us actually really know what happens after a DUI arrest. What does he need to understand about his DUI case first and foremost?

Cailyn

Renton, WA

The very first thing that your friend needs to understand after his DUI arrest in Renton, Washington is that he is facing two separate prosecutions. The first case would be with the Washington State Department of Licensing. If he either provided a blood or breath sample that was above .08 percent, or he refused to submit to a blood or breath test at the hospital or police station, the Washington State Department of Licensing would attempt to suspend his driver’s license for a minimum 90 days to one year.

The second case that he would face after his DUI arrest is in the Washington criminal court system. The court where he will be ordered to appear would depend largely on where he was arrested. The DUI criminal court trial would start at his arraignment wherein he would enter a plea of guilty, not guilty or no contest. If he hired a DUI lawyer, he would not be required to appear on his first court date.

I am afraid my brother’s DUI arrest in Washington would have a negative impact on his record. Isn’t that everyone who is arrested for DUI guilty of the charge?

Silas

Issaquah Plateau, WA

It is absolutely not true that the belief that everyone who is arrested for DUI guilty of the charge. This is what we call “The Guilt Myth.” There are numerous ways in which a person could be falsely accused of DUI and your brother’s DUI arrest in Washington could just be one of them. For example, breathalyzers and field sobriety tests are extremely unreliable. If having a blood alcohol content of 0.08 percent is a crime and 0.079 is not, and if alcohol absorption is a time-sensitive process which varies with a person’s metabolism, a false accusation is highly possible that countless Americans have been the victim of.

It is a damaging myth that even some lawyers believe the notion that everyone who is accused of a DUI is guilty of the charge. But unconsciously, no lawyer who believes this myth is worthy of representing your brother on his DUI charge. If your brother certainly believes that he is innocent of the DUI charges against him, he needs to find a DUI lawyer who would definitely fight to prove just that.

I know that it is necessary for me to get a DUI lawyer to defend me in my DUI case here in Washington. But what are the things that I need to know when hiring a DUI lawyer?

Stephanie

Enumclaw Plateau, WA

The first thing that you would need to take note when hiring a lawyer to defend you on your DUI case in Washington is that the lawyer practices mainly on DUI cases. A lawyer who focuses his/her attention in DUI cases is what your really need because this kind of has knowledge and materials necessary for you to fight your DUI charge.

Next is that you also have to know if the lawyer is trustworthy. We know that some lawyers have a reputation for being money-hungry fast talkers. So, would you be comfortable in talking with this person? Make sure that the lawyer treat you with respect and is patient and upfront with you. If you don’t feel that the conversation is right, chances are that lawyer is not the one for you. Also, the DUI lawyer should explain exactly what he/she will do for you and would let you know if there are any extra charges for certain services, also known as “hidden fees.”