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.

Trespassing itself means entering property or going onto land that someone doesn’t have permission to access. As simple as that sounds, there are important distinctions between a trespass charge and a criminal trespass charge. These distinctions can lead to significant differences in consequences. 

What Is Trespass?

Regular trespassing (often referred to as “civil trespassing”) happens when someone accidentally trespasses. For example, a hiker in a state park might inadvertently cross over into adjacent private property. If no signage indicated the park boundaries, the hiker wouldn’t have reason to think they weren’t still in the park. This is regular trespassing. While charges can be brought and lead to jail time and fines, if it can be proved that the hiker had no reason to think they were on private property, there’s a good chance they can avoid conviction. Meeting with an attorney can help determine if the trespass falls within inadvertent guidelines. 

What Is Criminal Trespass?

Criminal trespass is the more serious of the two crimes. Someone charged with criminal trespass is believed to have known they were entering private property or restricted areas and did so anyway. If the hiker in the previous section saw a clearly marked sign noting the park boundary and that the land beyond is private property with a warning not to trespass, but the hiker chose to go there anyway, that could be grounds for criminal trespass.

There are two types of criminal trespass charges:

First degree: This is a gross misdemeanor that says the trespasser knowingly entered or stayed unlawfully in a building. Maximum sentences for a conviction include 364 days in prison and a $5,000 fine.

Second degree: This is a misdemeanor that says the trespasser knowingly entered or stayed unlawfully on someone’s property but in such a way that it doesn’t meet first-degree standards. Maximum sentences for a conviction include 90 days in jail and a $1,000 fine.

Given that the consequences for criminal trespass are more severe than for regular trespass, involving an attorney as soon as the charges are made is advised. 

Let Us Advise You

If you or someone you know has been charged with trespass or criminal trespass, call us at 253-383-3328 for experienced legal assistance.

Washington State has laws regulating ghost guns, stating that in Washington, it’s illegal to own either an assembled or unassembled ghost gun. It’s also illegal to build, sell, buy, loan, repair, help someone else assemble or buy, or transport anything falling in the ghost gun description. The few exceptions to these laws are for police officers and members of the U.S. armed forces to use while on official duties and for manufacturers of firearms who sell those firearms to the police, military, or for export. 

What Is a Ghost Gun?

A ghost gun is not a kind of science fiction weapon that’s invisible—it’s literally a gun. They’re usually sold in ghost gun kits, which the buyer can assemble at home. It’s not technically a gun when it arrives in pieces, but once it’s put together, it’s a weapon. It has no serial number, so it can pass around the country undetected and is difficult to trace. It’s also much more accessible for people who should not have guns—domestic abusers, minors, gun traffickers—to be able to get them. 

What Are the Legal Consequences of Getting Caught With a Ghost Gun?

Being caught with a ghost gun carries a potential maximum penalty of 364 days in jail and/or a $5,000 fine. Depending on your arrest conditions, additional requirements, such as drug/alcohol or domestic violence counseling, may exist.

If someone has previously been convicted of having or assembling a ghost gun illegally and is charged again, the subsequent charges are more serious. This could be a class C felony conviction, leading to up to five years in prison and/or a fine of up to $10,000.

Let Us Advise You

Having ghost guns is a serious infraction of Washington State law. If you or someone you know has been charged with this offense, call us at 253-383-3328 to learn more about the legal process. The laws around ghost gun possession and assembly can be challenging to maneuver through, and it could be beneficial to have an experienced criminal defense attorney working with you.

What Is Assault in Washington State?

Assault is defined as an intent crime. That means it’s not accidental but a crime in which one person deliberately and knowingly causes bodily harm to another. How severe the bodily harm was is a primary factor in determining how someone will be charged, but it’s not the only factor. Assault charges range from a gross misdemeanor up to a class A felony.

Some additional factors include whether the person causing the harm used a weapon (including firearms), virus, poison, or another type of substance. If the bodily harm involved choking, strangling, or sexual motivation can affect the charges. The person harmed can affect the charges, too, if they were a household or family member, police officer, nurse or doctor, or transit driver. 

What Is Fourth-Degree Assault in Washington State?

A first-degree assault is the most serious charge and is considered a class A felony. The further down the list of assaults, the more the seriousness of the charge declines. Fourth-degree assault is the lowest level of assault and results in a gross misdemeanor, unlike the other three types of assault, which are different levels of felonies.

Fourth-degree assault is a widespread charge, as it doesn’t take much for a person to meet this level of harm. But it is a severe charge. The maximum sentence for fourth-degree assault is 364 days in the county jail and/or a fine of $5,000.

It’s important to note that fourth-degree assault is a common charge in a domestic violence situation. But when domestic violence is identified as part of the charge, it can add several issues and consequences, including moving the charge to at least a third-degree assault, a class C felony. This can happen when someone has multiple prior convictions for domestic violence-related crimes. This is an effort by the Washington State legislature to target repeat domestic violence offenders, especially those in close relationships, such as spouses, partners, and parents of children. That’s why an initial charge of fourth-degree assault may be changed to third-degree if any of these conditions apply. 

Let Us Advise You

If you or someone you know has been charged with assault, call us at 253-383-3328 to talk with one of our criminal defense lawyers about the options for defense.