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Washington Specific DUI
Information
Jonathan Rands of Fox Bowman Duarte,
Bellingham office answer the questions below for citizens of Washington.
1. Will I lose my
driving privileges?
The answer is maybe. A person can lose their license two ways
in the State of Washington. The first is through an administrative
suspension by the Department of Licensing (DoL). A person arrested for
DUI MUST send in a request for a Hearing within 30 days of their arrest.
Failure to do so will result in an AUTOMATIC suspension for 90 days or
revocation for at least one year. Once a request is made to the DoL, you
are entitled to a hearing before the DoL can suspend / revoke a license. |
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These Hearings are legal in nature and
your best offense is a good defense via an attorney who specializes in
DUI defense. The second method of a person losing their license
is to be convicted of the DUI charge. Again, the DoL will be
ordered by the court to suspend the convicted person's license, for a
minimum of 90 days. There are much longer revocations but they depend on
a person's DUI conviction record. A competent qualified DUI attorney,
is skilled at negotiating the criminal case away from a DUI
conviction and therefore save your license.
2. Is there really a way to fight a DUI charge and
win?
ABSOLUTELY. Every case has specific issues with the
differences that make a difference. These are too numerous and
complicated to list here, but a good attorney will either see these
after a initial consult or will work hard at discovering issues that
generate the ability to wither win, or force the case to resolve in a
favorable manner to the client.
3. Will I have
to go to jail for a DUI?
Yes, in Washington State if you are convicted of a first
offense DUI with either a breath test between .08-.149 you MUST spend 1
day in jail. If the result is .150 or above or a REFUSAL you must spend
2 days in jail. If a person has prior DUI convictions or DUI charges
that were reduced to something less than DUI, they face much longer
mandatory jail time starting at 30 days. This is because Washington has
a mandatory sentencing scheme and carries the toughest laws of the
nation. It is because of these tough laws an experienced, and creative
DUI attorney is a necessity.
4. Will my insurance premiums go through the
roof?
You will be required to maintain SR22 High risk Insurance.
These rates vary depending upon your driving record.
5. What happens if I don't show up in court?
If you Fail To Appear (FTA) and you do not have an attorney
there for you, it is very likely a Bench Warrant will issue for your
arrest.
6. Do I really
need a lawyer or can I just show up in court on my own?
A DUI charge normally carries specific conditions of release
and if you do not have an attorney present from the 1st hearing on, you
run the risk of having unnecessary and overly burdensome conditions
being imposed up you for the duration of the case.
7. How will I know my DUI Attorney is the right
lawyer for my DUI defense?
Take the time to speak with him or her. The right DUI
attorney is knowledgeable, confident, and know ALL the answers to your
questions. Finally, these types of attorney's are not the cheapest one
around, rather they are usually more expensive that other attorney's who
do not specialize in DUI defense. This is because they are very
good at what they do.
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