Olympia DUI Lawyers
- Owens Davies Fristoe Taylor & Schultz:
Washington State Patrol is targeting those with active warrants on DUI cases. Troopers are working with the Mason County Prosecutor's office to apprehend the 1,160 defendants who have missed court on DUI charges. Mason county is asking those with DUI warrants to call Mason County District Court at (360) 427-9670, ext. 339 to learn how to quash their warrants.
- Chirichllo, Sharon:
Good people can make bad choices, but you do not have to let this choice
halt your life or your future.
An overview of drunk driving punishments
As the number of offenses goes up, so do the penalties. Our firm provides defense to people who are experiencing their first DUI charge, people who have been charged with DUI previously, and people who have commercial driver's licenses (CDLs). The following is an overview of drunk driving punishments for various convictions within a seven year time frame, including those with BAC (blood alcohol content) of less than .15 and those greater than .15.
First conviction
* BAC of more than .08 and less than .15: Washington law states that if someone is convicted or pleads guilty to a DUI of less than .15 they will face a mandatory twenty-four hours in jail, and punishments could lead up to one year of jail time, fines up to $5,000, vehicle interlock device and 90 day driver's license suspension.
* BAC greater than .15 or refusal: Washington law states that if someone is convicted or pleads guilty to a DUI of greater than .15 they will face a mandatory 48 hours in jail, punishments of up to one year of jail time, fines up to $5,000, vehicle interlock device, 1 year driver's license revocation for BAC over .15 and 2 year driver's license revocation for refusal.
Second conviction
* BAC less than .15: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 2 year driver's license revocation.
* BAC greater than .15 or refusal: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 3 year driver's license revocation for refusal.
Third conviction
* BAC less than .15: up to one year jail time, up to $5000 fine, 1 year minimum vehicle interlock device and 3 year driver's license revocation.
* BAC greater than .15 or refusal: up to one year jail time, up to $5,000 fine, 1 year minimum vehicle interlock device and 4 year driver's license revocation.
For all convictions, you will also be required by the Department of Licensing to carry high-risk insurance.
Commercial driver's licenses
For commercial truck drivers and others who rely upon a commercial driver's license (CDL) for their livelihood, the loss of driving privileges can be devastating.
- Lane Law Firm:
If youÕre found guilty of DUI
Your expense and the long-term consequences can be appalling. Although a DUI is only a gross misdemeanor, it has more severe and complicated penalties than many felony charges.
Other penalties if you have NO prior DUI offense, include:
- • 90-day license suspension
- • $200 hearing fee
- • Jail time from 1 day to 1 year
- • A fine ranging from $823 to $5,000
- • Probationary license for 5 years
- • Probation monitoring (with fees) for up to 5 years
- • Alcohol evaluation and treatment for up to 2 years
These are the minimum penalties. The judge may decide on something more harsh, and if you have one or more prior offenses, minimum penalties are more severe.
The effects on your employment of a DUI arrest
- • For 90 days youÕll be unable to drive to work
- • After 30 days you can apply for a temporary restricted license if you need to drive as part of your work. Your employer will have to certify that this is the case.
- • If you drive a company car, youÕll have to file Òproof of financial responsibilityÓ (SR 22 insurance) for 3 years.
- • Depending on the specifics of your case, a car you drive may have to be fitted with an ignition interlock device. (This is a device attached to your vehicleÕs ignition, which registers any alcohol on your breath. You have to blow into it periodically. The vehicle wonÕt start if any alcohol is registered, or if youÕre in motion, the engine will shut off.)
- • Car rental companies will seldom rent to a person with a hole punched in their license. Many wonÕt honor a temporary restricted license.
- • If you have a more high-profile career (e.g., corporate officers, employee with a security clearance, or a public figure), you could receive bad press which would harm your career.
Whichever way you look at it, the best recourse if you have a DUI arrest will be experienced legal representation.
- Sharon Chirichillo:
There are two parts to a defendant's right to be present at trial. The first part is the defendant's physical presence at any criminal proceedings that are brought against the defendant. The second part is the defendant's understanding of the proceedings. This includes the right to understand the language of the court in which the defendant is being tried. The defendant therefore has a right to be provided with a qualified interpreter when the defendant does not speak or understand English or when the defendant is deaf.
When a defendant does not speak or understand English, a qualified interpreter must be appointed to translate the proceedings. The interpreter's translation extends to all portions of the proceedings. The appointment of the interpreter does not depend upon the defendant's ability to pay for the interpreter. However, the defendant is not entitled to an interpreter when he or she is consulting with his or her attorney. The appointment only applies to court proceedings.
In order to be entitled to the appointment of an interpreter, a defendant must show that he or she cannot speak or understand English. If the defendant testifies in English, it is unlikely that an interpreter will be appointed for the defendant. The fact that the defendant is more fluent in another language does not necessarily mean that the defendant is entitled to an interpreter.
An interpreter is treated in a manner that is similar to an expert witness. Although a trial court does not have a duty to question the interpreter as to his or her qualifications and skills, a defendant may object to a particular interpreter on the basis of his or her qualifications and skills. Any error that is made by the interpreter does not constitute a basis for a reversal of a conviction unless the defendant requested the removal of the interpreter and the interpreter's errors were not corrected.
A defendant who is deaf is also entitled to understand any criminal proceedings that are brought against him or her. The defendant who is deaf is entitled to the appointment of an interpreter. A person is considered to be deaf when he or she has a hearing impairment that inhibits the person's comprehension of the proceedings or his or her communication with others. A speech impediment is not necessarily considered to be a hearing impairment.
- Ditlevson Rodgers Dixon:
Driving Under the Influence is a serious charge with serious
consequences. Any conviction for DUI carries mandatory jail time,
probation, and suspension of driving privileges. The penalties are
enhanced if an individual has been previously convicted of an alcohol
related offense. In addition,the Department of Licensing has the
ability to suspend an individual's license if he or sheeither (1)
refuses the breath test, or (2) provides a sample in excess of .08,
regardlessofthe outcome of the criminal proceeding.
- Don Phelps:
- If convicted on a first time DUI, your license will be suspended for
an additional 90 days if your BAC level is below .15. If over, then a
one year revocation. - You will spend a minimum of one day in jail or
do 15 days home monitoring.
Pullman - Nuxoll, Libey,
Ensley and Esser:
DUI is a crime and therefore you have all the rights that a person
charged with any crime has. Your are presumed innocent--the burden is
on the prosecution to prove beyond a reasonable doubt that you are
guilty. The officer must actually come to court and tell his story
under oath, at which time he will be cross-examined.
You may have witnesses testify on your behalf.
You have the right to remain silent - that is, the prosecution may not
force you to testify. As a practical matter it is very unlikely that a
successful outcome can be obtained without your testimony. If you do
testify, you must tell the truth. To do otherwise would be a very
serious crime of perjury.
You have the right to represent yourself. If you do not wish to do so,
you have the right to be represented by an attorney. That is an
expense you must bear unless you are indigent. In that situation, the
court may appoint an attorney to represent you but if you are
ultimately convicted, a condition of your sentence would be to
reimburse the county for the costs of your court-appointed lawyer.
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