• How many days do I have to request a DOL Hearing?

    Effective January 1, 2019 – you have only seven (7) calendar days to request a Department of Licensing (DOL) Hearing. The clock starts ticking from the date of arrest.

  • How long does the Prosecutor have to file my DUI case?

    Two (2) years. The Statue 0f Limitations is the absolute “deadline” for filing on your specific offense. The time period in which a DUI case can be filed is two (2) years from the date of arrest. That said, a lot of cases have been delayed because they are blood draw cases. The Washington State Tox Lab is approximately 6-12 months behind on getting the blood results back to law enforcement.

  • How much does a DUI attorney charge?

    It completely varies by city and county. The saying that – “you get what you pay for” – is so true. Always do your “due diligence” and find an experienced DUI attorney that you are comfortable with and can afford. Chemistry is important. The average DUI case lasts a year or more these days. Kotlowski Law Office PLLC offers a free in-person no obligation consultation.

  • Can I vacate or expunge my DUI conviction?

    No. Unfortunately, in Washington State you cannot vacate or expunge a DUI conviction. It stays on your record for life.

  • Will I need SR-22 Insurance because of my DUI conviction?

    Yes. In most cases. SR-22 High Risk Insurance is required for three (3) years on a DUI administrative suspension and/or revocation or as a result of a DUI, Physical Control or Reckless Driving conviction. To avoid SR-22 insurance you would have to be successful at the Department of Licensing (DOL) administrative hearing and have the DUI or Physical Control charge either dismissed/reduced to negligent driving or reckless endangerment. The only other exception would be if you entered a deferred prosecution and you did not refuse the breath test or were successful at the DOL hearing.

     

  • How long do I have to wait to vacate a Reckless Driving?

    Most Courts in Washington State will require you to wait ten (10) years from the “date” of arrest for the original DUI or Physical Control charge.

  • Why is my DUI charge not filed?

    In Washington State, a lot of DUI cases are taking 6-15 months to file. This is especially true in blood draw cases. The Washington State Toxicology Lab has a huge backlog of blood draw cases. I believe the number is in the 1000’s.  Procedurely, the arresting officer sends the two blood vials to the Toxicology Lab for analysis. The Lab then has to send the blood results back to the police department that made the arrest, who then forwards it to the prosecutor’s office with the police report – for review and a decision on filing. Most cases will eventually be filed, however, this can be a frustrating wait for clients.

     

     

  • How long is the probation period on a Reckless Driving?

    The probation period on Reckless Driving is a maximum of two (2) years.

  • Is an Ignition Interlock Device required on a Deferred Prosecution for DUI?

    Yes.  A deferred prosecution always requires the Ignition Interlock Device (IID) regardless of the basis for the deferred. (i.e. mental problems, alcohol).

     

     

  • How long will my DUI case be open after a plea?

    Typically 5 years. A lot more than many felonies. Although, if it is a first offense- low blow you might ask for a shorter period. Very judge and Court specific though.