My cousin was arrested for a DUI in Ohio a few days ago but we live in Washington. How will this affect his drivers license in WA?

Daniel

Vancouver, WA

Both Washington State and Ohio are members of the Drivers License Compact (DLC) so if you are convicted of the driving under the influence you received in Ohio then their courts will notify the Washington Department of Licensing (DOL) about this driving under the influence conviction.

The report back to the driver’s home state will clearly describe the infraction, specifying the section of the statute, ordinance or code violated; indicate whether a plea of guilty or not guilty was entered ; identify what action was taken; or the conviction was a result of the forfeiture of a security.

The Washington DOL site states that, they keep a record of moving infractions, convictions for automobile violations and notices for failure to respond or appear to traffic citation on every motorist in the state. This information that goes on your driving history is received by clerk of the courts and licensing agencies so it would seem that the out of state information reported to the DOL would also be put on your driving record in Vancouver, Washington.

The state of WA would take actions against you just as if you received the driving under the influence charge in state instead of out of state. In WA your license may be suspended from ninety days up to four years, based on prior violations and your blood alcohol level for DUI offenses. The Washington DOL could inform your friend more about what could happen if he is convicted of the Ohio driving under the influence.

How many years do I have to carry SR22 non owners insurance in Washington State for a first time DUI violation?

Harry

Renton, WA

In Washington State the usual time that a motorist is required to carry an SR-22 non owners policy is for three years. The reason why you are required to obtain the SR-22 non owners insurance in Renton WA may change the amount of time you are required to carry it though.

You can be mandated by this Washington State to obtain an SR22 non owners insurance for different reasons from a driver’s license suspension reinstatement due to a DUI or DWI, accident without automobile insurance or a second or subsequent violation of leaving a child unattended in a running car, etc.

In Washington, typically when you are eligible to reinstate your driver license, you must file future proof of financial responsibility, which is an SR-22, for three years from the date you are eligible to reinstate your license for that accident so likely this is what you will be required with your 1st offense conviction of a DUI.

If in case I get unlucky and be asked to take a blood alcohol test because of DUI here in Washington, do I have a choice as to which kind of test I can take?

Joseph

Federal Way, WA

In Washington State, you have a choice as to how your blood alcohol would be measured. Should you be charged with DUI in Federal Way, Washington, you could be allowed to choose between a blood test and a breath test. You may take the required breath test and ask for additional blood test if you feel that the breath test would not give accurate results. Breath test is normally performed using a “breathalyzer” and in the state of Washington, a “datamaster,” which is a newer machine and much less complicated to use than a breathalyzer. With this machine, there is no interpretation required, unlike the “breathalyzer,” because the “datamaster” would print out a ticket with the mechanically determined breath test results.

Should you wish to verify sobriety, the best form to verify that is a blood test. Urine tests are actually the least accurate in measuring the blood alcohol content (BAC) because the urine often does not reflect your BAC at a particular point in time. But if you believe that your BAC would be over the legal limit of 0.08%, may wish to gamble on urine testing.

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 asked me to help her find SR22 auto insurance here in 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.

I was charged with DUI here in Washington State and I want to know what will come my way with regard to my criminal prosecution. How does a court process a trial for DUI?

Brad

Vancouver, WA

Successfully navigating your way through a criminal prosecution for DUI in Washington State requires a clear understanding of the DUI court process. If you know what is coming your way, it would greatly reduce the amount of stress you feel when fighting a DUI charge.

Your Court first appearance is called the Arraignment. It is when you are formally told about the charges against you. You may already know what the charge is before you even enter the Courtroom in the case of DUI. But there could be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI.

The next step would be Pre-Trial Hearings that place at Court and in front of a Judge. The Judge wants to know what the status of the case is during a pre-trial, whether the prosecutor or defense want to enter a Guilty Plea, want to set a time for a Motion Hearing, or want to have a trial or they don’t know what they want and are simply asking for more time.

The next stage would be Motion Hearings. These are written legal arguments on why evidence in your case (sometimes the whole case) should be thrown out. There are potentially a lot of motions that could be filed in a criminal case. Your DUI lawyer would know which ones (if any) apply to your specific facts.

Your next court date will be for Trials which come in two flavor, Bench and Jury. A bench trial is a trial where the Judge decides everything. A Jury trial is a trial where six people (twelve in the case of a Felony) decide what the facts are and the Judge decides what the law is. The outcome of these trials would be either you win or lose. If you win your DUI case, you go home. If you lose, you will typically (though not always) end up with a little more jail time and a little more fines than if you had plead guilty.

It’s something for you and your DUI lawyer to decide if all of these are worth taking the risk rather than pleading guilty during the Arraignment of your DUI case.

I was charged with DUI here in Washington. They say that I don’t need to hire a lawyer because this is just my first offense and it was just a minor one. But I still want to have a DUI help to make sure that I would be equipped with everything I need to get out of this or at least have a lower sentence. What are the ranges of fees and how do DUI lawyers charge their clients?

Jonathan

East Seattle, WA

A DUI in Washington State is a serious offense and must be taken seriously. Consequences of DUI may include loss of driver’s license, fines, vehicle immobilization, increase of insurance rate, community service and even imprisonment. Your decision of consulting and hiring a DUI lawyer would be a smart move.

Fees just go up depending on how severe your DUI violation is but they are sometimes minimal. The fees could range low as $500 dollars to thousands in cases of repeat offense.

DUI attorneys charge their clients differently. Some of these lawyers charge by the hour. Some lawyers will charge an initial fee to cover all the initial legal steps like reviewing the police report and the file from the district attorney and appearing on the first hearing. The fees end as well if at that stage that the DUI charges are dropped against you. Additional hearings, of course, would mean additional charges.

Other lawyers charge a fee to handle your case all the way to trial. Anyway, you pay them for everything if they are able to negotiate and dismiss the case.

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.