South Sound Law Group

Request free consultation

253-465-2722
Call Us Now
LET OUR FAMILY
HELP YOURS

What Are the Immediate Consequences for My Washington Driver’s License After a DUI Arrest?

DUI

by

In Washington, a DUI arrest can automatically trigger an administrative license suspension. This action is taken by the Washington State Department of Licensing (DOL) and operates entirely separately from any criminal charges or penalties you might face in court. When an officer arrests you for DUI, they often serve you with a notice of this administrative suspension. If you do not request a hearing to contest the suspension within seven days of your arrest date, your driving privilege will be suspended on the 31st day following your arrest date. The duration of this suspension depends on several factors, including whether you provided a breath sample, whether you refused the breath sample, and any prior DUI offenses on your record within the past seven years.

For a first-time DUI offense where your BAC is 0.08% or higher, the suspension period is typically 90 days. However, if you refuse the breath test, that refusal alone can result in a revocation of one year for a first refusal. For a second offense within seven years, the suspension or revocation period can extend to two years or more. A third or subsequent offense within seven years can lead to a three-year suspension/revocation. These durations underscore the need for prompt action and informed decisions to address these potential consequences.

Temporary “Stay” of any License Suspension

You have seven days to request a hearing to contest the DOL’s suspension or revocation of your license. Once the DOL grants the hearing, any suspension or revocation is “stayed” or paused until there is a final decision from the hearing. If you fail to request a hearing or are unsuccessful contesting the suspension, you can continue to drive after a suspension or revocation for a DUI incident if you obtain an Ignition Interlock Driver’s License (IIDL). Failing to act within this initial seven-day period means your driving privileges will be suspended automatically. Always consult an experienced DUI attorney immediately after any arrest to get a complete breakdown of your rights, timeline to act, and possible consequences. 

How Do I Request a Hearing to Contest My License Suspension?

To contest your administrative license suspension, you must formally request a hearing with the Washington State DOL. This request must be made within 7 days of your arrest or the date you received the notice of suspension if a blood draw was performed. To request a hearing, you must complete and submit an application and pay a $375 hearing fee to the DOL. This can be done by mailing in the hearing request form and a check made out to the DOL but the easiest and quickest way to request this hearing is online using your License Express account. You can complete the hearing request form and pay by credit or debit card online and receive a confirmation receipt. If you do not have a License Express account, you can easily set one up on the Washington DOL website. Missing this 7-day deadline means your license suspension will proceed automatically, without a chance to present your case or challenge the grounds for the suspension. The hearing offers a crucial opportunity to present evidence, question the arresting officer, and argue why your driving privilege should not be suspended. Seeking legal guidance is highly advisable to ensure your request is not only timely but also properly filed and that your arguments are well-prepared and effectively presented.

What Happens if I Do Not Request a Hearing or Lose the Hearing?

If you do not request a hearing, or if the hearing officer upholds the administrative suspension, your license will be suspended for the duration specified by the DOL. During this period, driving with a suspended license can lead to additional criminal charges and even longer suspensions.

Reinstatement Requirements

Once the suspension period concludes, you will need to fulfill several requirements before the DOL will reinstate your driving privilege. These requirements include paying a reinstatement fee, which is currently around $150, and providing proof of financial responsibility, commonly known as an SR-22 form. An SR-22 form is a certificate your insurance company files with the DOL, confirming you have the minimum required liability insurance. You must maintain this SR-22 insurance for a specified period, typically at least three years from the date of your suspension to keep your license valid and avoid further penalties. If your license is suspended or revoked due to a DUI conviction, other requirements might include completing an alcohol or drug treatment program, or installing an Ignition Interlock Driver’s License (IIDL), even if you did not initially get an Ignition Interlock Driver’s License. The DOL will provide you with a full list of requirements for your particular situation.

Can I Obtain an Ignition Interlock Driver’s License?

For individuals facing license suspension or revocation due to a DUI, obtaining an Ignition Interlock Driver’s License (IIDL) can provide a way to continue driving legally under specific conditions. To qualify for an IIDL, you must meet specific criteria set by the Washington State Department of Licensing. Generally, you must have had a valid Washington driver’s license at the time of your arrest and not have any other outstanding suspensions, revocations, or prohibitions on your driving record. You also cannot have caused a fatality or serious injury while driving under the influence. A crucial requirement involves installing an Ignition Interlock Device (IID) in any vehicle you intend to drive. This device requires you to provide a breath sample that shows no alcohol detected before your vehicle will start. It also requires periodic “rolling retests” while you are driving to ensure continued sobriety and prevent circumvention. The length of time you will be required to have an IID varies depending on your offense history.

How Does a DUI Conviction Affect My Driving Record and Insurance?

A DUI conviction in Washington leaves a permanent mark on your driving record, which is a public document. This record is accessible to law enforcement, potential employers (especially for jobs requiring driving), and insurance companies. The conviction can also lead to additional court-ordered penalties beyond license suspension. These can include significant fines and court costs, mandatory participation in alcohol and drug education or treatment programs, and even jail time, depending on the specifics of the offense and your criminal history. Also, a DUI conviction almost always leads to substantial increases in insurance premiums. The Washington State Office of the Insurance Commissioner notes that these elevated insurance costs can persist for several years, creating a noticeable impact on your financial stability. For commercial drivers, a DUI conviction carries even more severe consequences, often resulting in the loss of their commercial driver’s license (CDL) for an extended period, which can jeopardize their livelihood. It’s important to understand these lasting implications and to take proactive steps to address their effects.

Navigating the aftermath of a DUI arrest can be challenging, but understanding the process and potential consequences can help you make informed decisions. At South Sound Law Group, we are committed to providing compassionate and professional legal assistance. Our family-owned firm prioritizes clear communication and unwavering support, ensuring you feel informed and confident throughout the legal process. If you are facing a DUI charge in Tacoma or the surrounding areas, click to call South Sound Law Group today at (253) 465-2722 for a free consultation. Let us help you focus on getting back to your normal life while we handle your legal matters.

by

Driving under the influence (DUI) is a serious offense, but the stakes rise significantly when a minor is involved. Law enforcement and courts view DUI cases involving minors with heightened severity due to the increased risk posed to vulnerable passengers. If you’re found guilty of this offense, the legal penalties and personal repercussions can be overwhelming.

What Constitutes DUI with a Minor Passenger?

In most jurisdictions, a DUI charge involves operating a vehicle while impaired by alcohol or drugs, with blood alcohol concentration (BAC) levels exceeding the legal limit. Adding a minor passenger into this scenario intensifies the offense. A minor passenger is typically defined as anyone under 16, though some states set the threshold at 18. Driving while impaired already poses significant risks to everyone on the road, but the presence of a minor signals reckless endangerment in the eyes of the law.

This charge isn’t limited to those impaired; you can face consequences even if your BAC is only marginally over the limit. Authorities take into account the vulnerability of children and their inability to protect themselves, making these cases a top priority for prosecution.

Legal Penalties for DUI with a Minor Passenger

When a minor is present in the vehicle, the DUI offense is often escalated. In many states, this can result in aggravated DUI penalties and additional charges. For every minor passenger the prosecution will often charge you with Reckless Endangerment, a gross misdemeanor.

Reckless Endangerment carries a maximum penalty of 364 days in jail and/or a $5,000 fine, among other conditions of sentence. For example, if you had 3 minor passengers in your vehicle, you could be charged with three counts of Reckless Endangerment along with the DUI charge, and thus be facing a maximum penalty of 4 years in custody.

Child Endangerment Charges

In addition to DUI, drivers may face separate charges of child endangerment. These charges suggest that the driver knowingly placed a minor at significant risk by operating a vehicle under the influence. Depending on the jurisdiction, child endangerment can be classified as either a misdemeanor, gross misdemeanor, or felony, with penalties including additional jail time, community service, and mandatory parenting classes.

License Suspension and Revocation

Losing your driving privileges is a common consequence of a DUI conviction, but this penalty becomes more severe when a minor is involved. Some states double or even triple the suspension period for drivers convicted of DUI with a minor passenger. In extreme cases, you could lose your license permanently, which can disrupt daily life, from commuting to work to meeting family responsibilities.

Ignition Interlock Devices

Courts frequently mandate the installation of ignition interlock devices (IIDs) for DUI offenders. These devices prevent a vehicle from starting if alcohol is detected on the driver’s breath. While this is common for standard DUI cases, drivers with minors in the car may face stricter IID requirements, such as longer installation periods and higher costs.

Criminal Record Implications

A conviction for DUI with a minor passenger creates a lasting criminal record, impacting your life far beyond court-imposed penalties. Background checks for employment, housing, and even educational opportunities will reveal your conviction. Many people find their career prospects limited, especially in roles requiring a clean driving record or a high level of trust.

How a DUI with a Minor Passenger Affects Families

Beyond legal consequences, a DUI charge involving a minor can have devastating personal and emotional effects on families. Parents who face these charges may have their fitness as guardians questioned, potentially leading to involvement from child protective services, which could result in temporary or permanent loss of custody or visitation rights. The strain on family relationships can be immense, as trust is often eroded, and repairing the damage takes time and effort.

For the minor involved, the experience can be traumatic. Being in the care of an impaired driver places them in immediate danger and can lead to emotional scars, particularly if an accident occurs. Children may also face judgment from peers, creating a ripple effect of stigma and shame that affects their social and emotional well-being.

Potential Financial Implications

A DUI conviction is costly, and these costs rise significantly with the involvement of a minor passenger. Legal fees, court fines, and costs for mandatory programs like DUI education or parenting classes quickly add up. Insurance premiums also skyrocket as providers classify you as a high-risk driver.

Defending Against DUI Charges

If you’re facing charges, it’s critical to seek legal representation immediately. DUI cases are complex, and adding child endangerment or aggravated DUI charges creates additional legal challenges. An experienced attorney can evaluate your case, identify potential weaknesses in the prosecution’s evidence, and work to reduce or dismiss charges where possible. In some cases, alternative sentencing options, such as alcohol education programs or community service, may be available.

Preventing DUI Incidents

While understanding the legal ramifications is important, prevention is the best strategy. If you plan to drink, always designate a sober driver or arrange for alternative transportation, such as a rideshare service or taxi. Educate yourself about the dangers of impaired driving, and consider the example you’re setting for minors. By taking responsibility and making safer choices, you can avoid the devastating consequences of a DUI charge.

Seek Legal Guidance

Driving under the influence with a minor passenger isn’t just a legal misstep; it’s a breach of trust and responsibility. The consequences extend far beyond fines or jail time, affecting your personal relationships, reputation, and future opportunities.

If you’re facing such charges, it’s essential to understand the gravity of the situation and take immediate steps to address it. At the same time, making proactive choices to prevent impaired driving can help protect not only yourself but also those who depend on you the most. Call South Sound Law Group today at 253-465-2722 to request a free consultation with our team.

by

Learning About Distracted Driving Law

Distracted driving is an ever-growing concern on the roads of Washington State and across the United States. As we catch up with busy schedules and the demands of modern life, the temptation to multitask while behind the wheel often leads to tragic consequences. Being able to understand the laws surrounding distracted driving in Washington is crucial for drivers and potential victims of distracted driving accidents.

Washington’s laws on distracted driving are straightforward and aim to improve road safety. In 2017, the state enacted legislation that specifically makes it illegal for drivers to use technological handheld devices while behind the wheel. This law covers a range of activities, including texting, browsing the internet, and even holding a phone to make calls. Although hands-free devices are permitted, the law encourages drivers to limit any actions that could take their focus away from driving. The goal is to ensure that all motorists remain attentive and safe while navigating the highways and streets of Washington.

Drivers are prohibited from holding a mobile device while behind the wheel. This applies even if they are not using the device, and simply holding the phone. This rule covers activities like texting and other actions requiring visual attention. Those who violate this law can face severe penalties, starting with a fine, and subsequent violations can lead to even steeper fines. Notably, penalties can escalate if the infractions occur within five years of previous breaches, emphasizing Washington’s strict stance on distracted driving.

There are certain exceptions to these regulations. For instance, drivers are allowed to use a telephone to report emergencies or contact law enforcement, fire departments, or medical services. Even in such situations, it’s essential for drivers to remain cautious while not affecting the safety of the road for others. When in doubt, pull over to use your device.

Do you have a distracted driving case? At South Sound Law Group, our group of attorneys have years of experience with these types of cases. Seeking the help of an attorney who can guide you along the correct course of legal action boosts your chances of concluding a case with a favorable outcome. For a free consultation, call us at 253-465-2722.

Types of Driving Distractions

Distracted driving is not limited to just mobile phone use. It encompasses many circumstances that divert a driver’s attention away from operating their vehicle safely or put others at risk. These commonly include:

  • Visual Distractors

These occur when a driver takes their eyes off the road. This could be as simple as glancing at a GPS device, checking a map, or even looking at passengers in the vehicle. When a driver’s eyes are off the road, the risk of an accident increases significantly. The National Highway Traffic Safety Administration (NHTSA) goes as far as to say that taking your eyes away from the road for just two seconds makes the risk of an accident twice as likely.

  • Manual Distractions

These happen when drivers remove their hands from the steering wheel, including reaching for an object, changing the radio, or consuming food while driving. These activities can severely lessen a driver’s ability to control the vehicle, especially in emergencies where quick reflexes are crucial.

  • Cognitive Distractions

Cognitive distractions happen when a driver’s mind isn’t entirely on the task of driving. This can come from various factors, such as feeling lost in thought, emotional distress, or conversing with passengers. Even if a driver keeps their hands on the wheel and their eyes on the road, a wandering mind can stop their ability to react quickly to unexpected changes in traffic. 

Recognizing the various forms of distraction is vital for all drivers. Accident awareness can lead to better decision-making and a more significant commitment to safe driving practices.

Insurance Considerations

After an accident, insurance companies will carry out detailed investigations to establish who is at fault. If you find yourself in a distracted driving accident, gathering as much information as possible is essential. This includes collecting witness statements, taking scene photos, and obtaining police reports. This documentation can be crucial when it comes time to file a claim.

In Washington, drivers are required to maintain liability insurance. If a distracted driver is determined to be at fault, their insurance should cover the damages suffered by the victim, including medical expenses, lost wages, and property damage. However, it’s essential to be aware that insurance companies often try to minimize their payouts, especially if they can argue that the victim shared some of the blame. Because of this, preparing thorough documentation can protect your interests during this process on either side of the accident.

Should I Seek An Attorney’s Help?

Navigating the legal barriers of a distracted driving accident can be stressful and overwhelming, especially when dealing with not only the emotional impact but the potential legal battles as well. Consulting with a knowledgeable attorney about personal injury cases can make a sizable difference in protecting your rights. An experienced and knowledgeable lawyer can help you understand your options, gather evidence, and advocate for fair compensation for your injuries. At South Sound Law Group, we prioritize helping our clients get the legal outcome they deserve. If you are still wondering whether or not you have a case related to a distracted driving accident, consider talking with one of our skilled team members to find out. We want to hear your potential case to see if there is further legal action we can take. To contact us and schedule a free consultation, call 253-465-2722 or visit our home page.

by

If You Are Charged With DUI, What Are Your Rights?

What happens if you’re charged with DUI – driving under the influence – in or near the Tacoma area? The penalties, possibly including jail time, can potentially be quite harsh, so you must reach out to a Tacoma DUI lawyer as quickly as possible after a DUI arrest.

In 2024, police agencies in the State of Washington are aggressively enforcing DUI laws because DUI fatality figures have been rising. While 345 alcohol-related traffic fatalities were reported in this state in 2021, that figure rose to 389 in 2022 and 400 in 2023.

If you’re charged with DUI in this state, you must have the sound advice and trustworthy defense representation that a Tacoma DUI attorney will provide. Your attorney will work aggressively and effectively to bring your driving under the influence case to its best possible outcome.

Why is It Crucial to Avoid a DUI Conviction?

The possibility of jail is only one reason you must try to avoid a DUI conviction. After a DUI conviction, if driving is your job or essential to your work, you’ll likely need to find another way to make a living, and a recent conviction on your record may make that difficult to find.

Your car insurance rates will increase after a DUI conviction, and if you hold a professional license as a doctor, nurse, dentist, pharmacist, teacher, civil engineer, real estate broker, insurance broker, or even as a lawyer, your license could be suspended or revoked after a DUI conviction or you could face other harsh disciplinary actions..

If there were no injuries or property damage, a DUI charge can sometimes be reduced or entirely dismissed. Your case could be dismissed if the police violated your rights when they stopped, tested, or arrested you for DUI, or if your lawyer casts doubt on the breathalyzer test results.

What is Deferred Prosecution?

Some driving under the influence cases are resolved with a deferred prosecution, which defers a DUI case for five years. If the defendant completes two years of treatment, stays sober, and isn’t charged with any other offenses, the State of Washington dismisses the DUI charge after five years.

Not every driving under the influence defendant in the State of Washington will qualify for deferred prosecution. These are the requirements:

1. You have never been granted a deferred prosecution in the past.

2. You are diagnosed with a severe substance abuse disorder or with mental health issues.

3.  You must complete treatment and comply with all requirements set forth by the court.

However, violations of the program’s conditions and terms may trigger an immediate and automatic conviction. If you qualify for deferred prosecution, consider taking advantage of the help that is made available and the opportunity to avoid time in jail. Always consult with an attorney about your specific case and situation before deciding to use a deferred prosecution.

What if You Do Not Qualify for Deferred Prosecution?

If you do not qualify for deferred prosecution, and if the DUI charge can’t be dismissed, your Tacoma DUI lawyer may negotiate a plea deal. In a plea deal, in return for having the DUI charge amended, you’ll plead guilty instead to a different or lesser charge.

For example, if you plead guilty to negligent driving 1st degree, the maximum fine is $1,000, while the maximum fine for a DUI conviction is $5,000. Your license isn’t suspended, and the maximum jail time for a negligent driving conviction is 90 days, compared to 364 days for DUI.

Reckless driving is a more serious charge, but if you are offered a deal to plead guilty to reckless driving, a conviction entails no mandatory jail time, and your driver’s license is suspended for only thirty days, which is much better than a DUI conviction.

How Are DUI Convictions Penalized?

If you plead not guilty and your driving under the influence case goes to trial, you could receive an acquittal. You could also receive a conviction and face the maximum penalties, which include up to a year in jail and a fine of up to $5,000 for the first offense.

For subsequent DUI convictions in this state, the penalties are increasingly harsh. A fifth driving under the influence conviction within a ten-year period is a Class C felony that may be penalized upon conviction with up to five years in prison and a maximum fine of $10,000.

Every convicted DUI offender in the State of Washington also must have an ignition interlock device installed in his or her personal vehicle. Finally, if you decline to take a chemical test after a DUI arrest, you can be penalized with a one-year driver’s license suspension.

How Will a DUI Lawyer Defend You?

If your case goes to trial, your Tacoma DUI attorney has many ways to attack the government’s case, such as:

1. Your rights were violated during a traffic stop, search, arrest, or interrogation.

2.  The breathalyzer or blood test results were inaccurate, or the test was conducted improperly.

3. Another person was driving, and the police wrongly identified you as the driver.

If you are charged with DUI – whether you are innocent or guilty – you must be defended by an attorney who will fight aggressively and effectively for the best conclusion to your case, whether that means a dismissal of charges, a plea deal, a deferred prosecution, or an acquittal at trial.

Let South Sound Law Group Fight on Your Behalf

South Sound Law Group is a family-owned-and-operated law firm. If you are facing a driving under the influence charge in or near the Tacoma area, or if you face this charge in the future, South Sound Law Group will bring our considerable legal skills and experience to your defense.

South Sound Law Group has been fighting for our client’s for over forty years in the State of Washington. Our lengthy and impressive results for our clients speaks for itself.

South Sound Law Group will bring the best possible resolution to your case. If you’re charged with DUI anywhere in or near Tacoma, now or in the future, immediately call the South Sound Law Group at 253-465-2722. Your first legal consultation is provided without cost or obligation.

by

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 trusted counsel for driving under the influence in Tacoma at 253-383-3328 to learn how we can help.

Filed Under: DUI

by

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 local law professionals specializing in Tacoma DUI cases who can help you through the process.

Filed Under: DUI

by

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 trusted legal counsel for alcohol-related offenses to 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 trusted counsel for driving under the influence in Tacoma 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 our professional attorneys for Tacoma DUI defense cases at 253-383-3328 to discover how our attorneys can help you through the process.

Filed Under: DUI

by

On the surface, driving under the influence (DUI) and physical control sound similar; wouldn’t someone driving under the influence also have physical control of that vehicle? But that’s not how those terms are defined in Washington State. It’s important to understand the differences. 

What Is Physical Control?

Physical control is the state of being under the influence of alcohol and/or drugs and in a vehicle that the person isn’t driving but could potentially drive while incapacitated. That can include everything from someone sleeping off drugs or alcohol in a car; being a passenger who moved over to the driver’s seat but hasn’t started driving yet; someone stranded by the side of the road whether due to mechanical problems, lack of gas, or road conditions; or simply anyone under the influence who’s in a vehicle with keys in the ignition. If the driver could start to drive, they would have physical control of the vehicle. 

What Is Driving Under the Influence?

DUI is taking physical control to the next level. The intoxicated driver is not only in the vehicle but has started the ignition and is moving along the street or highway. Once the ignition is engaged and the car shifts into motion, the vehicle’s occupants and others in the vehicle’s path are at higher risk.

What Are the Consequences for Physical Control and DUI Violations

Physical control is a gross misdemeanor in Washington State and is subject to the same types of sentences and financial obligations as a DUI. There are differences in outcomes depending on various factors, but in general:

  • First offense: The maximum sentence after conviction is 364 days in jail and a fine between $350 and $ 5,000.
  • Second offense: The maximum sentence after conviction is 30-364 days in jail and a fine between $500 and $ 5,000.
  • Third offense: The maximum sentence after conviction is 90-364 days in jail, with a fine between $1,000-5,000.

Some factors can change these, including having a blood alcohol content of .15% or higher or refusing to take a breathalyzer test. If the impaired driver caused damage or harm to others, there might also be separate charges for that. 

Let Us Advise You

DUI and physical laws and regulations can be complicated. If you or someone you know has been charged with either, call us at 253-383-3328 to work with a skilled defense lawyer handling DUI cases.

Filed Under: DUI