One aspect of the plan even seeks to prevent offenders from buying alcohol. The governor touted the law as “the most aggressive, the most effective, the most ambitious” change to state DUI laws ever. The cost to tax payers was not provided, but the governor said that the cost would not be insignificant.

The governor’s plan would require that those arrested for DUI be charged within two days (instead of weeks or months, which is common practice in some jurisdictions). The plan would also require people charged with drunk driving to have an ignition interlock device installed on their vehicle before it could be returned, a restriction that seems to disregard the notion of “innocent until proven guilty.”

Proposed Penalties for people with Multiple DUI Convictions

The law would also require a six-month minimum jail sentence for a second DUI conviction and a one-year minimum sentence for a third DUI conviction. Currently, the mandatory minimum sentence for second and third time DUI convictions ranges from 30 to 90 days in jail. Additionally, alcohol detection devices that are worn on the ankle could be required for second time DUI offenders. The cost of the devices is estimated at $13-$18 per day and would be paid for by the offender.

The most restrictive law would be the 10 year prohibition on alcohol purchases for third time offenders. The alcohol prohibition would be enforced by creating a special driver’s license and requiring businesses that sell alcohol to check the identification of all purchasers, regardless of age. This would be the first law of its kind in the entire country.

Lawmakers Plan for Harsh New DUI Laws

Target Zero is Washington State’s highway safety plan that calls for reducing highway deaths to zero by the year 2030. Since 2010, more than 35 police agencies have launched Target Zero teams in King, Pierce, and Snohomish counties.

Teams include state troopers, county sheriff’s deputies, city officers, and tribal police officers. Target Zero teams focus on the violations of driving while impaired (DUI), speeding, and failure to wear a seat belt.

Officers have also been assigned enforcement zones to patrol. For example, in Pierce County, officers have focused a great deal of their attention on 6^th Street in Tacoma and Main Street in Puyallup (the location of several bars and night clubs). In King County, the focus is in the neighborhoods of Queen Anne, Capitol Hill, Belltown, and some parts of Burien, Renton, and Redmond.

Officers who are part of the Target Zero team have been directed to initiate at least three stops per hour. This means that officers are on the lookout for minor violations to ensure that their quota is met. Common reasons for stopping a vehicle include:

• Defective license plate lamp
• Lack of mud flaps
• No third brake light
• Touching the skip line

Once an officer has stopped a vehicle, it gives them free range to investigate the driver for DUI. The pressure of meeting a quota can result in stops where probable cause was not established.

At Beckwith DUI Law, we frequently come across cases where the constitutional rights of our clients has been violated by law enforcement. It is your right to speak to an attorney during any type of criminal investigation and it is also your right to not respond to the questions that the police ask.

Target Zero has Questionable DUI Quota Requirement

Quick Guide for Contesting a DUI License Suspension

1. From the date of arrest, you have 20 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.

How to Save your License after a DUI

Reckless Driving is a gross misdemeanor and if convicted, there is a maximum sentence of 364 days in jail and a $5000 fine. There is no mandatory minimum jail sentence.

A conviction will result in a driver’s license suspension for 30 days through the WA State Department of Licensing. Additionally, SR-22 insurance may be required.

If you have been charged with Reckless Driving, it is in your best interest to hire an experienced criminal defense attorney. Quality representation can minimize or eliminate the criminal and licensing consequences.

At Beckwith DUI Law, we fight all criminal traffic offenses, including Reckless Driving & Negligent Driving. Below are frequently asked questions.

Am I going to go to jail?

Reckless Driving has a possible jail sentence of 364 days, depending on the facts of the case, your criminal history, your driving record, and the quality of your legal representation.

What is going to happen to my license?

After the Department of Licensing receives notice that you have been convicted of Reckless Driving, you will receive a letter that your driver’s license will be suspended for 30 days.  Usually this process takes about 45 days, so your license will not be suspended immediately after the conviction.

What if I need to drive for my job or to get to school?

You can apply for an Occupational/Restricted License through the Department of Licensing.  The Occupational/Restricted License can be used to drive to and from work, school, court-ordered community service, continuing healthcare, substance abuse treatment/AA meetings, or continuing care of a dependent.

Who is eligible for the Occupational/Restricted License?

You are eligible to apply for the Occupational/Restricted License if you have a Washington State driver’s license OR are stationed in WA State on active military duty.

What if I drive a commercial vehicle?

If you have a Commercial Driver’s License (CDL), you are not eligible to get an Occupational/Restricted License to drive a commercial vehicle. However, you are eligible to apply for the license to drive a non-commercial vehicle.

How do I apply for the Occupational/Restricted License?

Complete a Restricted Driver License Application through the WA Department of Licensing and obtain proof of financial responsibility (i.e., SR-22 insurance). Submit your application, proof of SR-22 insurance, and the fee ($100 at the time of this article) to the WA Department of Licensing. Once you qualify, the license will be sent to you.

Once the suspension is over, how do I get my license back?

In order to reinstate your driver’s license, you must file proof of financial responsibility (i.e. SR-22 insurance) with the Department of Licensing for 3 years and pay a re-issuance fee.

Washington State Reckless Driving Charges

By Maggie Marquez Jaynes, Esq

Continuous alcohol monitoring, which requires the abstinence from alcohol consumption for a period of time as a term of pretrial release or probation, has been highly controversial and cost prohibitive since its approval in 2007. A continuous alcohol monitoring (CAM) device is much like an ankle bracelet worn for house arrest or used for GPS tracking that monitors a person’s sweat for the presence of alcohol and transmits that result to the provider of the device. However, unlike the device worn for house arrest or used for GPS tracking, CAM costs far exceed the one time $90 fee for the house arrest/GPS tracking devices – installation fee of $75 plus daily costs of $12 for each day of monitoring, which are passed on to the receipt of the CAM device.

Recently, CAM authorization is increasing regardless of the prohibitive costs. In 2011, Laura’s Law was passed, creating a new Aggravated Level One punishment for DWI convictions requiring as a condition of probation abstinence from alcohol for a minimum of 120 days and verified by a CAM device. This Act authorized judges to: 1) impose CAM as a pretrial release condition for defendants charged with DWI and 2) require CAM for up to the full term of probation for Level One or Two DWI convictions.

In 2012, HB 494 expanded authorization for CAM in pretrial releases to include any criminal offense committed on or after December 1, 2012 and required positive screenings to be reported to the district attorney. Similarly, this act broadens the authorization for alcohol abstinence and CAM device use as a condition of community or intermediate punishment or as a special condition of probation in criminal cases generally “when alcohol dependency or chronic abuse has been identified by a substance abuse assessment”. N.C.Gen.Stat. 15A-1343 (a1)(4a) and (b1)(2c). Additionally, CAM has been authorized in Driving While License Revoked (DWLR) convictions where the license was originally revoked due to impaired driving revocation.

Regardless of the cost, the authorization of CAM as a term of pretrial release or condition of probation has expanded. The costs of CAM are no longer capped at $1,000 yet judges are authorized to consider the defendant’s ability to pay however not in the case of Aggravated Level One DWIs. Notably, the act provides that “the court must not impose CAM if it finds good cause that the defendant should not be required to pay of the costs of CAM”. N.C.Gen.Stat. 20-179(k4). Whether this imposition by the legislature renders the use of continuous alcohol monitoring devices moot is yet to be seen.

Attorney Maggie Marquez Jaynes is an associate with King Law Offices, PLLC, in Shelby, North Carolina.

Continuous Alcohol Monitoring (CAM) Devices

The intent of the statute 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.

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:

Second Offense:

Third Offense:

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 20 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:

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 can argue that there is insufficient evidence to prove impairment, depending on the facts of your case.

At Beckwith DUI Law, we have a proven track record for successfully defending clients accused of all types of DUI. The facts of your case, your criminal history, your driving record, and the court where your charges are filed will all have an impact on your result. We defend DUI refusals in the Greater Seattle, Tacoma, and Olympia areas and offer a free consultation.

DUI Refusal Laws in Washington State

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 20 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, 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.

Beckwith DUI Law is a Tacoma, WA law firm that has earned a proven track record for fighting Minor DUI charges in Pierce County, King County, and Thurston County, Washington. A free consultation is offered to answer your questions and discuss your options.

Underage DUI in WA State

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.

Causes of a False Positive DUI Breath Test

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

How To Apply For An Ignition Interlock License In Washington State

You may still drive within the 60 days that your temporary driver’s license is valid. If you receive a hearing date that is farther than 60 days from your arrest date, your temporary license will remain valid until a decision is made at your hearing (not to exceed 150 days from the arrest date).

The form to request a hearing should have been given to you by the arresting police officer, but you can print it out from the DOL website. You can request and pay for the hearing online with a credit card or you can mail your request in with a check to the DOL. If you mail your request, we recommend sending the form by certified mail.

The hearing fee is $375 and is non refundable, even if you win the hearing. If you can not afford to pay this fee, you can apply for a DUI Indigent Waiver at the DOL website. Administrative hearings address highly technical DUI issues, so it is recommended that you hire a DUI lawyer to represent you.

DUI License Suspension – Washington State Department of Licensing