South Sound Law Group

Matters of law come with their own vocabulary and acronyms. Within the law, the field of DUI—driving under the influence of drugs and alcohol—has several terms and acronyms. Learning about them will make it easier to understand what’s happening if you or someone you know is facing DUI charges. 

What Are Some of the Common DUI Terms?

• Physical control. This is similar to a DUI charge. It means it’s a crime in Washington State to be in physical control of a motor vehicle while under the influence of drugs and alcohol, even if the vehicle is parked and not moving.
• The lowest level criminal charge that can be brought against someone.
• Gross misdemeanor. This is a mid-level charge, more serious than a misdemeanor but not as serious as a felony.
• The most severe level of charge that can be brought in Washington State. Several levels of felonies can be charged. 

What Are Some of the Common DUI Acronyms?

• VIP: Victim Impact Panel. A class that many people who plead guilty or are convicted of a crime must attend. For DUI charges, the panel would be made up of people whose lives were affected by impaired drivers, and they share how that changed their lives.
• ADIS: Alcohol and Drug Information School. This is usually the minimum treatment required for a DUI or alcohol/drug-related offenses. The school provides education about the dangers of alcohol and drug use and the impact on the user, their loved ones, and the community in general.
• IID: Ignition Interlock Device. A device installed in your vehicle that requires a breath sample from the driver both before starting the car and at random times while driving to determine if the driver has been using alcohol or drugs.
• IIL: Ignition Interlock License. A license provided to someone whose regular license has been suspended. This permits them only to drive vehicles with IIDs.
• EHM/EHD: Electronic Home Monitoring/Detention. This can be sentenced either instead of or in addition to jail time. It’s a device that monitors wherever someone goes to ensure they go only to court-approved places (home, work) and nowhere else they’re prohibited from going.
• BrAC/BAC: Breath Alcohol Content/Blood Alcohol Content. A breath or blood test determines how much alcohol is in a person’s system.
• NARO: No Alcohol Related Offenses. This is a condition of probation or sentencing, saying the person charged may be in deeper legal trouble if they receive more alcohol-related offenses, including getting into a physical fight at a bar after drinking.
• LAB: Law Abiding Behavior. Another condition of probation and sentencing requires the sentenced person not to be arrested or convicted of any other criminal offenses.
• J&S: Judgment and Sentence. The final court order after someone pleads guilty or is convicted of a criminal offense. It will detail any legal steps the person has to follow, including payment of fines, specific conditions (such as attending one of the classes mentioned above), and the deadlines for doing so.
• NVOL: No Valid Operator’s License (pronounced “No Vol”). This means driving without a license which can either be a civil infraction or a misdemeanor criminal offense.
• AEFU: Alcohol Evaluation and Follow Up. A convicted person can be required by the court to be evaluated to see if there are substance abuse issues. If abuse issues are diagnosed, the convicted person is also required to complete the treatment recommended and provide proof of that to the court.
• ADR: Abstract Driving Record. This is the official driving record for every licensed driver. Copies can be obtained at any Department of Licensing office or online.
• DCH: Defendant’s Case History. The official record of a person’s case history, showing the charges and other information.
• ERR: Emergency Response Restitution. People convicted of a crime may be required to pay the cost of having the police officers involved in their arrest. This can vary from a few hundred to thousands of dollars.

Let Us Advise You

DUI laws and sentences vary due to a wide set of variables. If you or someone you know has been charged with a DUI, call us at 253-383-3328 to learn how we can help.

Any person convicted in superior court and imprisoned for one or more felonies of which they’re actually innocent can file a claim for compensation against the state. The key part of that sentence is “actually innocent.” Being released from prison on a technicality or other reason that doesn’t exonerate the prisoner is not grounds for a claim.

If the claimant (person filing the claim) is incapacitated and cannot file the claim, or if they’re a minor or a nonresident of the state, they can name someone to act as their agent and file the claim for them. Similarly, if the person eligible to make a claim has died, that person’s estate can file the claim. 

What Are the Criteria for Filing a Wrongful Imprisonment Claim?

The following are the criteria for the evidence that someone is eligible to file for a claim:

• The claimant was convicted of at least one felony in superior court, sentenced to prison, and served all or part of the prison term.
• They aren’t currently in prison for any offense.
• When they were wrongfully imprisoned, it wasn’t for any crime other than the felony or felonies related to the claim.
• They’ve been exonerated and found innocent of the felony they were previously convicted of, either through pardon, reversed conviction, or a new trial.
• The claim isn’t time-barred by Washington State laws.
• The claimant didn’t commit perjury or manufacture evidence to cause the conviction. Note: A guilty plea to a crime they didn’t commit or a confession later determined by the court to be false isn’t necessarily considered perjury or manufactured evidence.

In our experience, the most important part of this section (and most challenged by the state) is that the claimant didn’t engage in the illegal conduct alleged in the charging document. This often arises in disputed cases where it’s not obvious the claimant is innocent, such as a case where DNA evidence exonerated them or the key witness recanted. While the standard legal approach is “innocent until proven guilty,” this area of law flips the burden to the claimant to prove their innocence. 

What are the Steps to File for Wrongful Imprisonment?

The first step is filing a claim in the superior court in the county where the conviction occurred. The process for serving the summons and complaint may sound simple, but failure to properly serve the summons and complaint will prevent the claim from moving forward. This is one reason someone who wants to explore a wrongful imprisonment claim should retain an experienced lawyer. If not done properly, the ability to claim proper compensation for a wrongful conviction could be lost.

Let Us Advise You

Call us at 253-383-3328 for more information about who can file a wrongful imprisonment claim.

The key is in the name of each. A moving violation involves an infraction committed by a driver while a vehicle is in motion, while a non-moving violation is an infraction committed by a driver while the vehicle is not in motion. Besides that, moving violations have more severe consequences than non-moving violations. 

What Constitutes a Moving Violation?

Pretty much anything that’s not legal that’s done while someone is driving a vehicle. That includes everything from more serious allegations of driving while under the influence (DUI) or with open bottles, speeding, using electronic devices while driving, driving without working head- or taillights, not having children adequately secured in the vehicle, hit-and-runs, and driving on the wrong side of the road, to less dangerous but still chargeable offenses such as prohibited turns, violating license restrictions, or disobeying road signs.

The list is long, and many drivers haven’t thought about it since they took driver’s ed. For a refresher, the Washington State Legislature website has a thorough list. It never hurts to review and remind ourselves what the laws of the road are since ignorance of the law excuses no one.

Moving violations can each create higher-risk situations for drivers, passengers, other vehicles on the roads, and pedestrians. That’s why tickets for these types of violations tend to cause increases in personal auto insurance rates—these drivers are considered riskier to insure.

When someone receives a moving violation ticket, they have 15 days to respond to the court. Failure to respond, or if there are multiple moving violations in a short period, the person’s driver’s license could be suspended.   

What Are Non-Moving Violations?

Basically, these are violations that happen when vehicles are not in motion. That includes parking tickets, equipment violations, or paperwork issues involving auto insurance, driver’s licenses, or vehicle registrations.

Non-moving violations are considered lesser infractions, but in Washington State, they are still added to your driving record and will remain there for three years. These types of violations don’t tend to cause increases in car insurance rates because, for the most part, they don’t indicate that someone’s a higher-risk driver. However, being ticketed for not having car insurance could cause a subsequent insurance policy to be higher than it would have been before being ticketed.

As with moving violation tickets, people who receive a non-moving violation ticket have 15 days to respond. While their license won’t be suspended if they don’t respond, the ticket and accompanying fine could be sent to collections. That, in turn, could increase the cost of the fine and hurt credit ratings.

Let Us Advise You

Traffic violations can be frustrating and confusing. Call us at 253-383-3328 to gain insight and support from one of our experienced lawyers.

The answer to that is: potentially. Washington State has strict laws regarding DUIs, and the Department of Licensing (DOL) has firm guidelines. An experienced DUI attorney can help the person charged with the DUI understand and navigate the laws. 

What Are the Laws Regarding DUIs and Driving Licenses?

The legal blood alcohol content (BAC) threshold for being charged with a DUI in Washington State is 0.08% (or 0.04% for operating a commercial vehicle and 0.02% for a driver under the age of 21). Once it’s determined that the BAC is at least 0.08%, the following license suspensions come into play:

• If the BAC was less than .15 or no test was obtained, the license will be suspended for 90 days.
• If the BAC was above .15, the license would be revoked for one year.
• If the driver refused to take the test, their license would be revoked for two years. 

Is There Any Way to Avoid Having a License Suspended Due to a DUI?

The driver can request a DUI hearing from the DOL in which they can argue that their license shouldn’t be suspended. While the form itself is not complicated to fill out and submit, there are restrictions and deadlines that make it worthwhile to have a DUI attorney’s assistance. Any deadlines or restrictions that are not met will invalidate the request, and the hearing will be denied. Note that even if someone properly files a hearing request, they’ll hear from the DOL about two weeks after the arrest that their license is suspended for 90 days.

It’s important to understand that this hearing differs from a criminal court case. The latter has to be proven beyond a reasonable doubt. A suspension hearing only needs to prove something called “a preponderance of evidence,” which is a lower threshold and easier to prove. It’s also important to know that even if the hearing takes place, it does not replace the criminal case, which still goes forward.

After the hearing, the DOL will either revoke the license suspension or order it to go forward. In the latter case, the driver can either appeal the decision or apply for an ignition interlock device (IID) or do both. An IID is a device that is attached to the vehicle’s ignition and requires the driver to blow into and test with less than 0.025% BAC in order for the ignition to start. It also has a camera that records who’s using the device.

In any event, a DUI can easily cause a license suspension. Hiring an experienced DUI attorney to advise and guide you has the potential to make a difference, depending on the circumstances around the DUI arrest. 

Let Us Advise You

DUI laws and regulations can be complex. Call us at 253-383-3328 for assistance working through the process.

Put simply, a drugged DUI (driving while under the influence) is a DUI that involves drugs in some form as opposed to the alcohol-only DUI. A drugged DUI can be one drug only, or it can be a combination of drugs and alcohol, or a combination of different medications. 

How Is a Drugged DUI Proven?

There are several ways in which the government can attempt to prove that someone drove a motor vehicle while impaired. In a true drugged DUI, there won’t be any evidence of alcohol consumption, so usually no breath test.

That said, it’s more common for officers to take the position that they believe the person is under the influence of combined factors, like drugs and alcohol. Then the officer will have a breath test administered to determine if there was alcohol consumption. At that point, the officer may get a warrant to draw a sample of your blood to be tested.

But the police officers themselves, as well as any witnesses available, can testify in court to the probable use of alcohol or drugs as shown by:

• Physical appearance
• Coordination and balance
• Speech problems
• Red, bloodshot. watery eyes
• Pupils dilated or constricted and how they reacted to light
• Whether they could understand instructions or perform specified tasks
• How the vehicle was driven (swerving across center lines, etc.) 

Can Prescription Drugs Cause a Positive DUI?

Yes. Prescribed medications can cause a positive DUI, even if taken in the dosage prescribed by a physician. The law holds that if someone takes a prescribed drug that causes them to reach the legal threshold for being under the influence, they can be charged with a DUI. The driver is considered responsible for understanding the potential side effects of medications and acting responsibly. Even if someone is only taking the prescribed amount, not additional amounts, they can still be arrested and charged with a DUI.

What Are the Consequences of a Drug DUI Conviction?

A drugged DUI conviction has the same mandatory minimum penalties as a standard alcohol DUI. For a first offense, there could be a minimum jail time of 1-2 days, $990.50-1,245.50 in fines plus additional costs and assessments, and numerous probation conditions for up to 5 years. Even if the DUI had no evidence of alcohol consumption, there could still be a mandatory ignition interlock requirement for any vehicle to be used going forward. (Yes, it’s true that interlock devices can’t detect marijuana or drug use, only alcohol, but it’s still often required for a drugged DUI.) 

Let Us Advise You

DUI charges, especially drugged DUIs, can be complex. Call us at 253-383-3328 to find an attorney who can help you through the process.

Someone charged with their first DUI (driving under the influence of drugs or alcohol) might think they can represent themselves in court and be fine. But DUI offenses are complex charges that need to be taken seriously, and hiring lawyers who understand the DUI case can make a massive difference in outcomes. Here are some things to understand about a first DUI. 

What Is a DUI?

A DUI is a legal level of an intoxicant that, if met or exceeded, makes it illegal for someone to drive. In Washington State, that’s an alcohol concentration of 0.08 or higher within two hours after driving as determined by a breath or blood test; a THC concentration of 5.00 or higher in the same time frame as determined by a blood test; and whether the driver is under the influence of marijuana or any other drug. 

What Are the “Prongs” That Are Used By Prosecutors?

Prosecutors in Washington State have two sets of “prongs” used to convict people accused of DUIs.

• Per Se Prongs. This prong sets out to create a legal fact by using the blood or breath tests that allegedly confirmed the DUI status. The argument is that the test is proof of guilt. A defense attorney specializing in DUIs will try to prevent the test from being entered into testimony or attack the tests’ accuracy through research focused on finding ways to discredit the testing mechanisms.
• Affected By Prongs. When a prosecutor can’t use test results (because the person charged refused to submit to the test, the police officer didn’t use the test, or the test was not allowed into court for various reasons), they will turn to other evidence. At this point, the prosecutor may turn to the arresting officers’ observations or a Drug Recognition Expert (DRE), and they may use video or audio evidence, such as dash cams and 911 calls. The DUI defense attorney must look at ways to discredit those types of evidence and testimony when possible.

What Happens if I Am Convicted of a First DUI?

The state legislature has set minimum and maximum penalties for a first DUI. The maximum is 364 days in jail and a $5,000 fine. While no attorney can guarantee an outcome, getting the maximum penalty on a first offense is not all that common, especially when a lawyer is involved in the case.

What is more likely is 1-2 days in custody or 15-30 days of electronic home monitoring/detention (EHM/EHD), depending on the severity of the offense. Fines can be assessed anywhere from $990.50-$1,245.50. That doesn’t include additional fees and assessments, such as probation costs, administration fees, emergency response restitution, or other costs a specific court may order the defendant to pay. These types of fees can run from a few hundred dollars to thousands.

Will I Lose My License if I Am Convicted of a First DUI?

There are three scenarios for losing a license due to a first DUI:

• If the alcohol test was less than .15 or no test was obtained, the license is suspended for 90 days.
• If the alcohol test was above .15, the license is revoked for one year.
• If the driver refused the test, the license is revoked for two years.

In addition, the Department of Licensing requires those convicted of DUI to have an ignition interlock device (IID) in their car. For a first-time conviction, the IID is required for a minimum of one year. This is not negotiable, and the driver’s license cannot be reinstated if this requirement isn’t met.

Will I Have to Take a Class if I Am Convicted of a First DUI?

The state requires those convicted of a DUI to seek an alcohol evaluation from a state-certified agency. If the evaluation diagnoses a problem, the person must complete any recommended treatment. This is another reason to bring in an experienced DUI attorney, as finding the right agency that will be agreeable to the court is critically important.

For a first-time DUI conviction, at minimum, there will be a requirement to attend an 8-hour Alcohol and Drug Information School class.

Finally, the conviction brings a requirement to attend a victim impact panel where victims of drunk or drugged driving accidents talk about the dire consequences that have happened to them because of DUIs.

Please note that the laws can change faster than we can update this website, so please get in touch with us at the number below for the most current versions. 

Let Us Advise You

If you or someone you know has been charged with a first DUI, call us at 253-383-3328 to discover how our attorneys can help you through the process.

Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime. When a sentence is vacated:

• It legally annuls the conviction.
• The applicant can truthfully state on an application that they’ve never been convicted of that crime.
• It’s no longer on the public WATCH report or the FBI database.
• It’s no longer subject to penalties or disqualifications due to the conviction.
• The conviction cannot be used to enhance a sentence, but it can be used in later criminal prosecutions.

Whether a person is eligible to have their criminal convictions vacated (or undone) is based on specific Washington state statutes. Washington State uses “vacate” as the wording describing this action and not the phrase “expungement” like many other states.

Remember that vacating a conviction is always discretionary for the judge who hears the motion, and the government has the right to object.  

Why Vacate a Conviction from the Record?

There are many compelling reasons someone may want to vacate their past criminal convictions. Most people do this for specific reasons such as applying for a job or promotion, housing, schools, or certifications. Some people have a more emotional reason, and clearing up their record of a criminal conviction helps them overcome past mistakes often attached to a difficult period in their life.

NOTE: Vacating a criminal conviction will not restore firearm rights.

What Criteria Is Used for a Vacated Sentence?

Whether someone is eligible for a vacated sentence is mostly a matter of time passed with no new criminal convictions. Most individuals either meet the criteria or don’t. For others, it can be a bit more complicated and may require additional steps to meet the eligibility requirements of the statute. Having a knowledgeable attorney familiar with vacating criminal convictions can save you money, time, and a massive headache. 

If the following criteria are met, a court may vacate the conviction. One exception is domestic violence offenses, where additional criteria apply. Note that this is a broad overview and does not include every type of criteria or exception. Contact our office to speak with an attorney for full details on vacating a specific conviction.

• A specific period of time has passed since the end of every condition of the sentence, including probation, treatment, classes, and all financial obligations. Note that this clock begins when these criteria are complete. How long must pass depends on the seriousness of the charges and conviction
• There have been no convictions for a new crime in this state, another state, or in federal or tribal court for a specific period, dependent on the crime’s severity.
• There are no new pending criminal charges in this state, another state, or federal or tribal court, as of the date the motion to vacate is filed.
• There are no current restraints such as a no-contact order, domestic violence protection order, anti-harassment order, or civil restraining order which restrains one party from contacting the other party. In addition, the applicant cannot have previously been subject to such restraints and found to have violated one or more items in the order in the required period before the vacation application.

Domestic violence convictions must meet the following criteria to be vacated:

• Five years have passed since all conditions of the sentence were completed. This includes probation, completing any treatment ordered, and paying all financial obligations.
• There has been no conviction of any new crime in this state, another state, or federal or tribal court in the three years before the vacation application
• There cannot be two or more domestic violence convictions from separate incidents. If more than one conviction arose out of a single incident, none of those count as a previous conviction.

What Are Offenses Not Eligible for Vacating?

The following convictions are not eligible to be vacated:

• Sex offenses (exception: a conviction for failure to register as a sex offender is eligible for vacation), including sexual exploitation of children
• Obscenity and pornography
• A violent offense or an attempt to commit a violent crime.
• Driving while under the influence (DUI) or physical control of a vehicle while under the influence, even if the vehicle isn’t being driven
• Operating a railroad, steamboat, vehicle, etc., while intoxicated

Let Us Advise You

Applying to vacate a sentence is a multifaceted, complex process that can provide positive outcomes but can significantly benefit from the assistance of an experienced lawyer. Call us at 253-383-3328 to start the process of clearing the record.

Any person convicted in superior court and imprisoned for one or more felonies of which they’re actually innocent can file a claim for compensation against the state. The key part of that sentence is “actually innocent.” Being released from prison on a technicality or other reason that doesn’t exonerate the prisoner is not grounds for a claim.

If the claimant (person filing the claim) is incapacitated and cannot file the claim, or if they’re a minor or a nonresident of the state, they can name someone to act as their agent and file the claim for them. Similarly, if the person eligible to make a claim has died, that person’s estate can file the claim. 

What Are the Criteria for Filing a Wrongful Imprisonment Claim?

The following are the criteria for the evidence that someone is eligible to file for a claim:

• The claimant was convicted of at least one felony in superior court, sentenced to prison, and served all or part of the prison term.
• They aren’t currently in prison for any offense.
• When they were wrongfully imprisoned, it wasn’t for any crime other than the felony or felonies related to the claim.
• They’ve been exonerated and found innocent of the felony they were previously convicted of, either through pardon, reversed conviction, or a new trial.
• The claim isn’t time-barred by Washington State laws.
• The claimant didn’t commit perjury or manufacture evidence to cause the conviction. Note: A guilty plea to a crime they didn’t commit or a confession later determined by the court to be false isn’t necessarily considered perjury or manufactured evidence.

In our experience, the most important part of this section (and most challenged by the state) is that the claimant didn’t engage in the illegal conduct alleged in the charging document. This often arises in disputed cases where it’s not obvious the claimant is innocent, such as a case where DNA evidence exonerated them or the key witness recanted. While the standard legal approach is “innocent until proven guilty,” this area of law flips the burden to the claimant to prove their innocence. 

What are the Steps to File for Wrongful Imprisonment?

The first step is filing a claim in the superior court in the county where the conviction occurred. The process for serving the summons and complaint may sound simple, but failure to properly serve the summons and complaint will prevent the claim from moving forward. This is one reason someone who wants to explore a wrongful imprisonment claim should retain an experienced lawyer. If not done properly, the ability to claim proper compensation for a wrongful conviction could be lost.

Let Us Advise You

Call us at 253-383-3328 for more information about who can file a wrongful imprisonment claim.