Category: DUI Topics

After a DUI arrest in Washington State, there will be mandatory court dates and an automatic driver’s license suspension (unless you contest it) with the Department of Licensing (DOL). DOL consequences are independent of anything that occurs during the DUI criminal case.

Quick Guide for Contesting a DUI License Suspension

1. From the date of arrest, you have 7 days to request a DUI hearing (to contest the license suspension). If a hearing is not requested, the license suspension will go into effect 60 days after the arrest date. The license suspension can be anywhere from 90 days to 2 years for a first offense.
2. The hearing can be requested online or by mail, along with the $375 hearing fee. There is also an option for a hearing fee waiver if you are found to be indigent.
3. If the hearing request is made within the allowable time frame, the DOL will set a date for a DUI hearing with one of its hearing examiners. The hearing examiners are employees of the DOL and are not judges, but they are supposed to be impartial in their decision making.
4. The DUI hearing will take place over the telephone. The hearing examiner will only consider four issues: (1) whether you were under lawful arrest, (2) whether the officer had reasonable grounds to believe that you had been driving or were in actual physical control of a vehicle while under the influence of liquor or drugs, (3) whether you were properly advised of the Implied Consent Warnings, and (4) whether you were over the legal limit or refused the breath test.
5. After the hearing is over, the hearing examiner will either make a decision on the hearing date or mail out a decision after the hearing.
6. Once a decision has been made, you may appeal it within 30 days through the superior court in the county that you were arrested in.
7. If the Department of Licensing maintains the suspension, you may be eligible to drive with an ignition interlock device in your vehicle for the duration of the suspension. You should not apply for an ignition interlock license without first consulting with an attorney, since the right to a DUI hearing and appeal will be waived once an ignition interlock license is issued.

The Role of An Attorney at the DUI Hearing

It is a good idea to be represented by an attorney at this hearing. Your lawyer may request that the police officer or other witnesses be subpoenaed before the hearing. They can also question witnesses, present evidence, and offer testimony during the hearing.

At Beckwith DUI Law, we fight for clients at their DUI hearing and throughout their criminal case. We have a proven track record in the courts of King, Pierce, and Thurston County, including Tacoma, Seattle, Bellevue, Puyallup, and Olympia, WA. Contact us today for a free consultation.
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• DUI FAQ

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In Washington State, DUI penalties are enhanced for drivers who refuse to take a breath test at the police station. Under the Implied Consent Law, a person who drives within WA State is considered to have consented to a blood or breathalyzer test if he or she is arrested for DUI.

The intent of the law is that the breath or blood test will be administered, unless the person explicitly refuses. The purpose of the law is to discourage individuals from driving under the influence and to remove the driving privileges of those who do.

It is not uncommon for drivers to take the optional portable breath test on the roadside and then refuse to take the required breath test at the police station. If the police officer does not clearly communicate what is optional and what is required, this can be an important defense.

Penalties for Refusing the Breath Test

In Washington State, DUI is a criminal traffic offense. This means that a conviction will go on your criminal record as well as your driving record. The charge is a gross misdemeanor that can result in the following consequences:

• License Suspension

• $5000 fine

• Alcohol/Drug treatment requirements

• Jail time of up to 364 days

• Ignition interlock requirement

• Probation

• High Risk Insurance

The following is an example of how penalties differ for those who take the breathalyzer test and for those who refuse to take the breath test:

First offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	90 days	1 year	2 years
Mandatory Jail Time	1 day	2 days	2 days

 

Second Offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	2 years	900 days	3 years
Mandatory Jail Time	30 days	45 days	45 days

 

Third Offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	3 years	4 years	4 years
Mandatory Jail Time	90 days	120 days	120 days

Criminal & DOL Case

If you are arrested for DUI, there will be two cases against you: One with the court and one with the WA State Department of Licensing. Both cases are independent of each other, which means that even if your case is dismissed in court, you could still lose your driver’s license, and vice versa.

You must request a DOL hearing within 7 days; otherwise your license suspension will go into effect automatically. An experienced attorney can handle both the DOL hearing and the criminal court case.

How do I Know if I Have a Prior Offense?

An offense is considered to be a “prior offense” for sentencing purposes if it occurred within the last 7 years. The prior offense could be any of the below:

1. DUI
2. Physical Control
3. Vehicular Homicide
4. Vehicular Assault
5. Negligent Driving (if originally charged as DUI)
6. Reckless Driving (if originally charged as DUI)
7. Reckless Endangerment (if originally charged as DUI)
8. A deferred prosecution that was successfully or not successfully completed

Defending DUI Refusals

In order to prove a DUI refusal charge, the prosecutor will need to prove that your driving was affected by your level of impairment, since there is not a breath test entered into evidence. Your lawyer can raise arguments in regards to why you may have refused (such as confusion or a medical issue) or your lawyer may be able to argue that there is insufficient evidence to prove impairment.

The facts of your case, your criminal history, your driving record, and the court where your charges are filed will have an impact on your result. At Beckwith DUI Law, we have a proven track record for successfully defending clients accused of DUI refusal in King County, Pierce County, and Thurston County, Washington. We have office locations in Seattle and Tacoma and we are also available by telephone for a free consultation.
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• DUI FAQ

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In Washington State, it is a crime for a person who is under the age of 21 to drive a motor vehicle with a blood alcohol concentration of .02 or over. The crime is punishable by up to 90 days in jail and a $1000 fine. If convicted, a person will face the maximum penalties and may be required to report to probation, complete an alcohol and drug assessment, and complete any recommended follow up treatments. An underage person arrested for DUI (Minor DUI) will also face a license suspension with the Department of Licensing.

License Suspension Hearing

Once an arrest has been made, the arresting agency will notify the Washington State Department of Licensing and the suspension process will begin. You will have 7 days to request an administrative review hearing. If the hearing is not requested in a timely manner, you will lose the right to contest the suspension. At this hearing, an attorney can fight to prevent your driver’s license suspension.

Driver’s License & Criminal Consequences

If a juvenile has an instruction permit or intermediate driver’s license (license status for drivers under the age of 18), an arrest or conviction for Minor DUI could affect his or her ability to obtain a standard license in the future. An arrest can also lead to a suspension of driving privileges and a requirement of SR 22 insurance (high risk auto insurance). A conviction can lead to further penalties, such as the denial of an intermediate license and restrictions on current driving privileges, in addition to jail time, probation and fines.

If a juvenile is convicted of certain drug and alcohol offenses while having an instruction permit (regardless of whether the crime was committed while driving), that person will be unable to qualify for a driver’s license until he or she has reached the age of 18. Intermediate license holders convicted of Minor DUI face additional restrictions, as well as a license suspension that ranges from 90 days to two years, depending on their criminal history.

Defending Minor DUI Charges

If you are arrested for an underage DUI in WA State, it is crucial to hire a lawyer as soon as possible to mitigate or eliminate the criminal and driver’s license consequences. An attorney can investigate the evidence and circumstances surrounding the arrest and build your defense.

At Beckwith DUI Law, we have a proven track record for defending Minor DUI charges in Pierce County, King County, and Thurston County, Washington. We have office locations in Seattle and Tacoma. We can also be contacted by phone for a free consultation.

Some people think that a driver who tested positive for alcohol on a roadside breathalyzer has to be drunk. Those machines never lie! Well think again, there are many variables that can influence a breathalyzer test and result in a false positive outcome.

1) The breathalyzer must be properly maintained and calibrated. An improperly maintained or calibrated breathalyzer casts doubt on its accuracy and may result in a false positive test. The maintenance and calibration records must be available and if requirements are not met, or no records are available, the test will not be valid.

2) The breathalyzer test must be administered by a trained technician. Not all officers are trained. Variables such as breathing techniques and exhaust from passing cars can affect the test and create a false positive.

The trained technician must carefully observe the driver for 15 minutes prior to administering the test. The technician must document that during that observation time there was no eating, drinking, vomiting, smoking, use of breath spray or use of breath mints. If any of these things occurred within 15 minutes of the test, there is a strong chance of a false positive. If the observation documentation was not done, the test is invalid.

3) Smoking causes a false positive test. Metabolism of tobacco in a person’s system causes the liver to produce the chemical acetaldehyde that is then released by the lungs. The breathalyzer identifies this compound as alcohol and a false positive test is the result.

4) Diabetics with a low blood sugar, or hypoglycemia, will have a false positive. With low blood sugar, the body goes into a state called ketosis and produces acetone. Acetone is released by the lungs and the breathalyzer confuses it with alcohol. A false positive is the result.

This can be more serious than other false positives in that some of the same symptoms of hypoglycemia, such as slurred speech, confusion, and problems with coordination and balance are some of the same signs of alcohol impairment.

5) High protein, low carbohydrate diets create a hypoglycemic situation and the same false positive tests can occur as does with diabetics. Hypoglycemia can also cause a false positive in someone who has not eaten in the past 24 hours.

6) Other medical conditions that may create a false positive breathalyzer test include:

• A low hematocrit.

• Yeast infections.

• Lyme disease.

A DUI is a serious criminal charge and can dramatically affect a person’s life. A person charged with a DUI should seek the services of a qualified attorney who specializes in DUI cases. A positive breathalyzer test is not a reason to give up; a successful DUI lawyer can properly investigate and defend the case.

This Guest Post was provided by The Law Offices of David Michael Cantor, an AV rated law firm in Phoenix, AZ. For more information, see David’s DUI specific website here: http://cantorduilawyers.com.

If your license was suspended administratively (as a result of a Department of Licensing Hearing) or through the courts (as a result of a criminal conviction), you may be eligible to apply for an Ignition Interlock License so that you can continue to drive during your suspension.

Who is eligible for an Ignition Interlock License?

• If you have been convicted of DUI, Physical Control, Vehicular Assault (involving drugs or alcohol), or Vehicular Homicide (involving drugs or alcohol) OR you have lost your license as a result of an administrative suspension; AND
• You have an unexpired license, or have applied and passed testing for a WA State driver’s license

Who is not eligible for an Ignition Interlock License?

• If your current suspension includes Minor in Possession
• If your current suspension includes Driving While Suspended in the First Degree
• If you have a CDL (commercial driver’s license), you may not get the license for your commercial driving purposes
• You do not have a Washington State residence and are not active duty military

How do I apply for the Ignition Interlock License in WA State?

• Install the ignition interlock device on any vehicles that you drive. Obtain proof of the installation from the installer or have them send it to the WA Department of Licensing
• Obtain proof of financial responsibility (i.e., SR-22 insurance)
• Complete the Ignition Interlock Application provided by the Department of Licensing
• Submit your completed application and proof of the above documents to the Department of Licensing along with the $100 fee (subject to change)

When will I be approved for the Ignition Interlock License?

• If your application is approved, the license will be sent to you as soon as your driver’s license suspension begins, or when it is processed by DOL, whichever is longer

What if I drive a company vehicle?

• If you drive a company vehicle that does not require a CDL, any vehicle you drive during work hours must be equipped with an ignition interlock device if your employer owns, rents, or leases the vehicle, or is temporarily responsible for its care or maintenance
• However, this requirement can be waived for most work vehicles if your employer signs an Employer Declaration for Ignition Interlock Exemption form and sends a copy to the Department of Licensing. Make sure that you carry a copy of the declaration whenever you drive for work

How much does the Ignition Interlock License cost?

• $100 for the application (subject to change)
• Monthly fee of maintaining the device in your vehicle (usually $70-$90)
• Monthly fee of maintaining proof of financial responsibility/SR-22
• Monthly Ignition Interlock Device Revolving Account fee ($20 and subject to change)
• You may be eligible for financial help if you can’t afford to install, lease and remove the device in the vehicles you drive. If you need assistance, submit the Ignition Interlock Device Financial Application to the Department of Licensing