Free Washington Drunk Driving Defense FAQs | Free Washington Drunk Driving Defense Legal Documents

Can I refuse to take a breath or blood test if stopped for drunk driving in Washington?

Thu, 21 May 2009 22:17:15 GMT

Under Washington’s Implied Consent laws, any person who operates a motor vehicle is deemed to have given consent to a test of his or her breath or blood for the purpose of determining their blood to alcohol concentration or presence of any drug when arrested on suspicion of impaired driving. However, a person may still refuse to take the test. If the driver refuses to take the test, the driver will be subject to a number of penalties including: (1) the driver’s license, permit, or privilege to drive will be revoked or denied for at least one year; (2) the driver’s refusal may be used against him/her in a criminal trial.

What happnes after a DUI arrest in Washington?

Tue, 29 May 2007 21:19:00 GMT

After an arrest for a DUI in Washington, your license may be suspended, though it will typically not be suspended immediately after the arrest. If notified that your drving privileges are going to be suspended, revoked, denied, or restricted, you may request a hearing or an administrative review to contest the action.

At the hearing, the hearing officer will consider:

Whether you were lawfully placed under arrest.
Whether the officer had reasonable grounds to believe: (1) that you were driving or were in actual physical control of a motor vehicle while under the influence of alcohol or drugs; or (2) that you were under the age of 21 years and were driving or in actual physical control of a motor vehicle after consuming alcohol.
Whether you were advised of the Implied Consent Warnings.
Whether you refused the breath or blood test.
Whether the breath or blood test exceeded the legal limits:
.08 or more if over age 21,
.02 or more if under age 21.
.04 or more if driving a commercial vehicle.
Whether the breath or blood test was administered according to the law; and
Washington State Toxicologist Rules.

You have the right to be represented by an attorney at the hearing. To best protect your legal rights after a DUI arrest, contact an attorney as soon as possible.

Will my driver license be suspended immediately after Im stopped for DUI?

Thu, 21 May 2009 22:23:14 GMT

No. After you're stopped and charged with a DUI, the amount of time until your license is actually suspensed depends on the type of offense charged. If suspended, however, your license may be suspended anywhere from 90 days to 4 years, based on prior offenses and your blood alcohol level.

How do I contest a DUI-related license suspension?

Thu, 21 May 2009 22:31:45 GMT

If you are arrested for DUI, you may request a hearing within 20 days of the arrest. In most cases, the law enforcement officer will give you a hearing request form at the time of your arrest. However, if you do not receive the form at the time of your arrest, you can make the request either online or find the form on the Washington State Department of Licensing website. If you submit the form by mail, the form must be postmarked or received within 20 calendar days from the date of the arrest in order to be validly submitted.

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Tue, 29 May 2007 21:19:00 GMT

Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

While there are mandatory minimums if you plead guilty, or are found guilty of a DUI, an experienced attorney may be able to keep you out of jail.

I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?

Tue, 29 May 2007 21:19:00 GMT

You face two agencies who will attempt to revoke your driver¹s license. What will happen to you after a third conviction may depend upon how long its been since your last case and if it can be considered a prior for purposes of increasing the penalty. In many cases, a third conviction could result in jail time.

I Have Three Serious Offenses Within Seven Years, What Will Become Of My License?

Tue, 29 May 2007 21:19:00 GMT

You face a four year loss of license by both the court and the Department of Licensing. The bestcase scenario is an eight hour alcohol information school, but to be safe, plan on at least 2448 hours, one two hour session per week. The higher your BAC, the more hours you will have to take.

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

You will go to jail.

I Lost My Washington License. May I Obtain A License In Another State?

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In State, Even Though My Washington License Is Revoked?

Mon, 04 Jun 2007 21:51:22 GMT

No.

Can I Do A Deferred Prosecution?

Tue, 29 May 2007 21:19:00 GMT

The answer is maybe. A deferred prosecution is not to be entered into lightly. You must be aware of the risks and rewards of successfully completing (or not completing) this intense program. Call me to further discuss this option, and ask for a four page special report regarding a deferred prosecution.

What Can I Do To Save My License?

Tue, 29 May 2007 21:19:00 GMT

First and foremost, hire an experienced attorney. There are many factors to consider.
Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoened.
Retest the sample. Testing errors may save your license.
Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
Check the times of events. Officers must perform the tests within certain guidelines and follow the Washington Administrative Code when performing a test.
Check the labeling of the sample. It must be identified as being yours.
Attend the motor vehicle hearing. Listen for fabrications and other errors.

What Are The Speed Limits In Washington?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 25 mph

Can I Exceed The Speed Limit When Passing?

Tue, 29 May 2007 21:19:00 GMT

Washington State law states that you are allowed to temporarily exceed the speed limit while passing a vehicle that is traveling below the speed limit.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

Must The Officer Appear In Court?

Tue, 29 May 2007 21:19:00 GMT

Washington requires that a defendant must specifically request the arresting officer to be present in court.

What Is The Rule On Driving In The Right Lane?

Tue, 29 May 2007 21:19:00 GMT

Washington State law states that drivers must stay right except to pass.

Am I A Bad Person, Because I Was Arrested For Dui?

Mon, 04 Jun 2007 21:51:22 GMT

No, bad things happen to good people, but you are well advised never, never smell like alcohol while behind the wheel.

Are U-Turns Allowed?

Tue, 29 May 2007 21:19:00 GMT

In the Seattle downtown core area (bounded by the water, I5, Royal Brougham, and Denny), it is illegal to make a Uturn, even in instances where the turn would otherwise be legal under state law. There are no signs to announce this traffic law.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or damage to any one person's property exceeding $500 must be reported within 24 hours to the local authorities.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance and financial responsibility law with securitytype and future prooftype laws applicable in the event of a noninsured accident. Minimum limits: $25,000/50,000/10,000. Washington has uninsured motorists law.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle unless in the trunk of the vehicle.
Unloaded firearms are permitted in the vehicle if in plain view.
Studded tires are permitted from November 1 to April 1.
Tire chains are required where DOT "tire chain required" signs are posted on the mountain passes.
Washington has a seat belt law with secondary enforcement for all occupants.
Washington has a mandatory child restraint law for passengers under 11 years of age. Children under age 3 must use approved car safety seats.
Washington has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.

Free Washington Drunk Driving Defense FAQs | Free Washington Drunk Driving Defense Legal Documents

Can I refuse to take a breath or blood test if stopped for drunk driving in Washington?

What happnes after a DUI arrest in Washington?

Will my driver license be suspended immediately after Im stopped for DUI?

How do I contest a DUI-related license suspension?

Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?

Will I Go To Jail?

I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?

I Have Three Serious Offenses Within Seven Years, What Will Become Of My License?

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

I Lost My Washington License. May I Obtain A License In Another State?

If I Obtain An International Driver's License, May I Drive In State, Even Though My Washington License Is Revoked?

Can I Do A Deferred Prosecution?

What Can I Do To Save My License?

What Are The Speed Limits In Washington?

Can I Exceed The Speed Limit When Passing?

How Are Speed Limits Enforced?

How Can Tickets Be Paid?

Is Trial By Declaration Allowed?

When Is A Jury Trial Allowed?

Must The Officer Appear In Court?

What Is The Rule On Driving In The Right Lane?

Am I A Bad Person, Because I Was Arrested For Dui?

Are U-Turns Allowed?

What Is A Member Nonresident Compact?

What Is A Member Driver License Compact?

When And Where Do I File Accident Reports?

What Are The Resident Insurance Requirements?

What Are Some Other Regulations?

Will my driver license be suspended immediately after Im stopped for DUI?