BECKWITH DUI LAW

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

At the time of DUI arrest, the police officer will punch a hole in your Washington State driver’s license. Your driver’s license status becomes temporary and will automatically suspend 60 days from your arrest date, unless you schedule an administrative hearing with the Washington State Department of Licensing (DOL) within 7 days of your arrest.

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.
[fancy_list style=”triangle_arrow” variation=”slategrey”]

• DUI FAQ

[/fancy_list]