• Is a warrant required to get a blood test in a DUI case?

    Yes, a warrant is now required to get a blood test in a DUI case. It is becoming much more common for officers to request a warrant for blood when a person refuses a breath test at the police station. A warrant can be obtained from a judge telephonically.

  • Can a “THC” DUI cause problems if you are not a US citizen?

    Yes/Maybe. I have not seen it tested yet because the THC DUI is a fairly new law. However, THC is still a controlled substance according to the Fed’s, so there are no guarantees in this area. I highly recommend seeking immigration counsel whenever you have a THC DUI and non-citizen.

  • What happens if I do not request a Department of Licensing (DOL) Hearing fro my DUI arrest?

    Your Washington State driver’s license or privilege to drive in the State of Washington (if out of State License) will be suspended or revoked 60 days from the date of your arrest for DUI or Physical Control.

  • How many days do I have to apply for a Department of Licensing (DOL) Hearing?

    You have 20 Calender days to apply for a Department of Licensing (DOL) Hearing. Remember it is not business or Court days – but actual calender days from the date of your arrest for DUI or Physcial Control.

  • What is the fee for the Department of Licensing (DOL) Hearing?

    The fee is $375.00 for the Washington State Department of Licensing Hearing.

  • Why was a Court Hearing set in my old Seattle Municipal DUI case?

    Generally, it means you did not complete something (community service hours, alcohol/drug treatment, DUI Victims Panel, work crew, jail) or did something new that you were not supposed to do. (i.e. new conviction, arrest, driving without license & insurance) You may have violated the conditions of your DUI or Reckless/Negligent Driving probation. The sentencing Court would have set conditions of your probation such as the following at Sentencing – Complete an alcohol/drug evaluation & follow recommendation, pay all Court fines/costs, report to probation, not drive a motor vehicle without a valid driver’s license and proof of insurance, no driving with breath or blood alcohol concentration of .08 or greater, no refusal of alcohol test of breath /blood upon reasonable request of a law enforcement, no new criminal violations of law, no alcohol or drug related infractions, ignition interlock device requirements per Washington DOL.

    The most common DUI probation violations: new criminal law violations, failure to do treatment, failure to do victims panel, failure to report to probation, driving without a valid license & insurance and positive UA’s, among many others. Check the Court’s paperwork (Judgment & Sentence) you received at your final Sentencing Court Hearing in Seattle Municipal Court to see whether you complied with and completed everything.

  • Should I take the field sobriety tests?

    These days at social gatherings a very common question I get is whether you should take the roadside Field Sobriety Tests (FST’s). The three (3) Field Sobriety Tests (FST’s) typically administered by law enforcement are the Horizontal Gaze Nystagmus (HGN)(pen light), walk and turn and one-leg stand. Sometimes, the officer will administer additional tests such as the ABC’s, backwards count and finger-to-nose among others. He/she also might administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing and determining probable cause to arrest and is not admitted into evidence, other than for that purpose.

    Generally, you need to remember that these tests are voluntary. You do not have to take them. The upside is that if you pass them the officer might not arrest you. However, this very rarely happens and the downside is that you are providing evidence and building the prosecutor’s DUI case against yourself. The fact of the matter is that these tests can be difficult under any circumstances for most people.

  • When will I have to report to Jail in my DUI case?

    If you have been sentenced for a DUI or Physical Control, Reckless or Negligent Driving – most Courts will give you 30 days to report to Jail or Work Release if authorized. You will be given a specific date which you must report by. You can always report early if you so choose. Nearly all Courts will do a status or Jail check to make sure you have completed the Jail or reported in a timely manner.

  • When should I do an alcohol/drug evaluation?

    In most DUI or Physical cases, it is very advisable to complete your alcohol & drug evaluation as soon as possible. I have had many cases where the client’s pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluator and/or treatment agencies. The best resource are DUI Attorneys who work with treatment agencies everyday. Obviously, the goal is always a fair and objective evaluation.

  • How Is The DUI Attorney Fee Typically Structered?

    Most Washington State DUI and Criminal Traffic Lawyers use a flat fee structure. For example, you pay so much without Jury Trial and an additional amount for Jury Trial. Some require full payment in advance, while others allow down payments and monthly payment plans. Flat fees usually work in the client’s favor most of the time because hourly would typically be much more expensive in most DUI or Physical Control cases.

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