• Can I get SR-22 insurance without a vehicle?

    Yes. You can get a non-owner SR-22 Insurance policy or AKA “broad form” that allows you to drive different vehicles, if you have a 3-year SR-22 requirement because of a DUI related suspension – but no vehicle. See link to Vern Fonk Insurance for more information. SR-22 Info .

  • Is “arraignment” a mandatory appearance for BUI?

    No. In Washington State, District and Municipal Courts require the Defendant’s mandatory appearance at DUI or Physical Control Arraignment’s. Fortunately, Boating under the Influence (BUI) cases are not included. So if you have timely obtained counsel, your lawyer may file paperwork waiving that initial arraignment hearing and entering a plea of not guilty on “your” behalf. The Court Clerk will then set a pre-trial hearing as your next Court date. Typically 30-45 days from the original arraignment date. (Caveat: some local Court rules might still require your appearance)

    If you don’t have a lawyer yet, you will still have to appear.

  • Does a Deferred Prosecution require SR-22 insurance?

    No. If you enter a deferred prosecution SR-22 will not be required. This can result in substantial savings in insurance premiums. However, there is one important exception – if you refused the breath test – and lost the Department of Licensing Administrative Hearing – SR-22 insurance will be still be required for at least three (3) years . You will also have to obtain an ignition interlock license if you want to drive during the period of revocation.

  • Should I request a DOL Hearing?

    Yes, in my opinion you always request a Washington State Department of Licensing (DOL) Hearing – even if it looks like the hearing will be unsuccessful. It is worth the $375.00. It is important to remember that this is a “Civil” administrative hearing and the standard of proof is preponderance of the evidence . (alittle over 50%)

    However, in the worst case, you get a free deposition under oath. If I think there are no good legal issues – I will always subpoena the officers. I then proceed to use the hearing to find out everything about my client’s case while it is fresh in the officer’s memory and pin down his/her testimony. I then have the hearing transcribed and can use it later in Court – if there are discrepancies with the officer’s testimony. In alot of jurisdictions, charges haven’t even been filed by the time of the DOL Hearing. See also the 20-day rule in previous post.

  • What happens if I do not request a Department of Licensing (DOL) Hearing within 20 days?

    Your Washington State driver’s license will be suspended or revoked (revoked if 1 year or more) 60 calender days from the date of your arrest. If you miss the 20-day deadline you are out of luck. The length of suspension or revocation depends on whether you took the breath test or refused as well as your prior administrative DUI history within seven (7) years.

  • Will the roadside portable breath test at the vehicle be used in my DUI case?

    No. The portable breath test (PBT) is not admitted into your DUI case-in-chief that will go before the jury. The PBT is only used to establish probable cause to arrest and even to be used for that purpose – the officer or trooper must follow the Washington Administrative Code (WAC) protocols correctly.

  • Is a Washington State Ferry a Public Roadway?

    Yes. Under Washington law a Washington State Ferry is actually part of the State “highway” system. I have had several DUI cases over the years where people fell asleep on the Ferry crossing. They were eventually woken up by a Washington State Trooper and I am sure you can guess what happened next.

  • What are common DUI reductions in Washington?

    Common DUI reductions (from DUI or Physical) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. Frankly, the negotiating environment these days is very difficult and the key to getting a reduction or (plea bargain) is having an experienced DUI attorney working on your DUI case.

  • What’s the “minimum” treatment requirement on my DUI case?

    The very minimum alcohol/drug treatment required in every DUI case – whether reduced/amended or not – is the 8-hour alcohol drug information school (ADIS) and the 1-2 hour DUI Victim’s panel. An alcohol/drug evaluation is also required with every DUI case.

  • What documents do I need for my alcohol/drug evaluation?

    All Washington State District and Municipal Courts require that the State certified alcohol/drug/chemical dependency evaluator review at a minimum the following documents in completing an alcohol/drug evaluation for your Washington State DUI case:

    (1) Defendant’s criminal history (DCH);

    (2) Washington State abstract of driving record (ADR);

    (3) Police report that is the basis for your DUI charge or conviction.

    (4) Results of a urinalysis test (UA) administered to you at the time of the evaluation.

    All Judges in Washington District and Municipal Courts will not accept alcohol/drug evaluations without evidence that all of these documents were reviewed and a UA administered when the evaluation was completed.