Washington DUI Defense

At the Law Office of Michael P. Sheehy, we understand a DUI arrest can be a disturbing event and the devastating consequences of a conviction.  A DUI charge can mean jail time, loss of driving privileges, increased auto insurance rates, installation of an ignition interlock device, attendance at an alcohol treatment program, a conviction on your criminal record, points on your Department of License driving record, denial of admissions into foreign countries, and employment consequences.  A DUI violation handled improperly can disrupt an otherwise law-abiding life. 

In Washington, there are three different means of committing the crime of DUI.

• Having an alcohol concentration of .08 or higher on your blood/ breath within two hours of driving.
• The arresting officer and the breath test technician must comply with strict guidelines before the test is deemed accurate and admissible.
• Breath testing is a scientific procedure and is subject to error.

• Being under the influence or affected by liquor or drugs. 
• A person can be charged with DUI, even without a breath test, if your ability to drive is lessened to any appreciable degree. 
• The evidence will consist primarily of a person’s performance on the field sobriety tests and the officer’s observations.

• Being under the combined influence of drugs and/ or liquor.
• Drug Recognition Experts (DREs) use a 12 step procedure based on observable signs and symptoms to determine drug impairment.
• DRE evidenced is not admissible unless the strict 12 step protocol is accurately performed and the DRE is qualified as an expert.

DUI cases are complex but can be challenged in court.  The laws and techniques in defending DUI's are constantly changing. Legal motions challenging the State’s evidence can make the difference in determining the outcome of your case.  A successful DUI defense requires a thorough investigation of the facts and circumstances surrounding your case.
 
Legal challenges include: 

• Whether the officer had probable cause to stop, detain, and arrest for DUI.
• Did the officer get consent to perform "voluntary" field tests or were you coerced?
• Were the field tests conducted according to the standardized training manual?  
• Did the officer follow the protocols in the Washington Administrative Code (WAC) for breath testing?
• Was the breath test machine properly maintained, checked, and calibrated before you provided a sample?
• Was it possible a person consumed alcohol or a foreign object after driving but before the administration of the breath test
• Whether a person was advised of the right to an attorney and was allowed to exercise such rights
• Whether the officer read the correct implied consent warnings and the driver understood those rights

Successful legal challenges can mitigate the devastating consequences of a DUI charge.     

DEPARTMENT OF LICENSING PENALTIES

The Department of License (DOL) will suspend a person’s driving privilege if one has been arrested for driving under the influence.  An individual’s license to drive may be suspended for failing―BAC .08% or greater (lower for commercial drivers and minors (under 21 years of age)―a breath or blood test or for refusing a breath test.  A person’s license may be suspended from 90 days up to four years based on prior offenses and the blood alcohol level. 

An individual’s license to drive will be automatically suspended after the sixtieth day of a DUI arrest unless there has been a timely request for an administrative hearing. It is imperative to send in a $200 check and to make a formal request for a hearing before the twentieth day of an arrest. Click the following link to print a request for a hearing. http://www.dol.wa.gov/forms/525001.html.  The form should be sent by certified mail to the address listed on the form.  A hearing will be scheduled after the form is received.  At the hearing, an administrative officer will use the police reports to make a decision whether or not a person’s privilege to drive shall be suspended. The Law Office of Michael P. Sheehy, PLLC will represent you at this hearing.

A person may be eligible to receive an Ignition Interlock License (IIL) if the DOL suspends their license. An Ignition Interlock Driver License allows you to drive a vehicle equipped with an ignition interlock device while your regular license is revoked.  The ignition interlock device won’t allow the vehicle to run if it detects breath alcohol.  A $100 fee must be submitted to apply for an IIL.  DOL won’t approve an application unless a person has SR 22 insurance and proof an ignition interlock device has been installed on their vehicle.  An application can be viewed at http://www.dol.wa.gov/forms/500023.pdf.

Consultation with an experienced criminal defense lawyer is an essential first step.   Michael has handled thousands of DUI cases as a prosecutor and as a defense attorney.  He knows how the criminal justice system works and the best defenses available for your case.  He can successfully navigate the criminal courts and the Department of Licensing on your behalf. Michael will take the time and effort to explain “the court system” and to discuss all of the options that are available to you during this emotional time.  

DUI PENALTIES

The license suspension is separate and distinct from the criminal court proceedings. In any criminal case, including DUI’s, you have the right to a jury trial, but once convicted, it is up to the judge to determine your punishment. In Washington, there are very strict mandatory minimum punishments which deny the judge discretion as to the punishment.  Generally, for each prior DUI conviction within the previous 7 years, the punishment will become progressively more severe if you are convicted of DUI.   The penalty will also depend on other factors including: 

• A person’s level of intoxication
• An individual’s driving record including prior DUI history
• the sentencing Judge
• whether there was a passenger in the vehicle
• whether the Judge feels a person accepted responsibility for their actions
• whether there was an accident
• whether or not a person cooperated with law enforcement     

Generally, a first time offender will be sentenced to 24-48 hours of confinement if        he/ she is convicted of a DUI.  There are alternative punishments if the State reduces the DUI charge to a lesser offense.  Additionally, the courts allow an alternative to a DUI sentence if a person petitions the court for a deferred prosecution.  The court will accept a petition if a person has never had a deferred prosecution in his/ her lifetime, and the person is willing to complete a two year intensive outpatient treatment program. The case will be dismissed in five years if you successfully complete the treatment program and abide by all other conditions imposed by the court. It’s important to consult with an attorney prior to entering into a deferred prosecution. 

Click the following link to see a DUI sentencing grid that explains the consequences of a conviction.   http://www.courts.wa.gov/newsinfo/content/duigrid/DUIGrid.pdf.

What should I do a police officer pulls me over to investigate whether I am driving under the influence of alcohol? 

An officer must have probable cause to arrest a person for driving under the influence.  Please cooperate with the officer and readily provide your license, insurance, vehicle registration, and your attorney’s business card if available.  You should be polite but you are not required to answer questions from a police officer.  You should request an attorney before answering any of his questions including the question of whether or not you have consumed alcoholic beverages.  He will next ask you to perform a series of “voluntary” field sobriety tests but you should refuse.  The field tests are very hard to pass even if you haven’t consumed alcohol.  Again, you should request to speak to an attorney before performing the field tests.  At this point, the officer will not have much of a choice but to arrest you for driving under the influence.   At the police station you will have an opportunity to speak with an attorney.  Please exercise your right to speak with an attorney. The attorney will advise you not to answer any of the officer’s questions and will determine whether or not you should take a breath test.  It is generally recommended to provide a breath test at the police station.      

Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an attorney before making assumptions about your case.

Contact Washington DUI Attorney Michael P. Sheehy today!