Protect Your Driving Privilege
To Protect Your Driving Privilege, the Seattle DUI Attorneys that make up the criminal defense team of SQ Attorneys provides their clients with extremely detailed instructions on the procedures for sending the hearing request to the DOL; these instructions are intended to maximize an individual’s chances at succeeding at a DOL administrative hearing.
Any person who is unfortunately arrested for driving under the influence in Washington State, or arrested for physical control in Washington State, and gives a breath or blood sample that is .08 or greater, (.02 for minors and CDL operators) or who refuses to take a breath/ blood test at a police station or hospital will automatically have his/her privilege to drive in Washington State suspended or revoked. This may even be true if his/her DUI is never filed as a criminal charge, or even if his/her Washington State DUI charge is ultimately dismissed. The Washington State Department of Licensing (“DOL“) can still administratively suspend or revoke one’s license pursuant to RCW 46.20.308. In order to have a fighting chance, one must take important steps to challenge the automatic suspension/ revocation. The person must send DOL notice that he/she wants to have an administrative hearing within 20 days of his/her traffic violation (or 20 days from the date of mailed notice in any blood test case) or the suspension/ revocation will take effect without any further notice to the affected person.
The DOL Hearing Process
The DOL administrative hearing process is surely one of the most difficult aspects of any Western Washington DUI case. The DOL uses significantly different evidentiary standards than the criminal court system does. Moreover, the DOL sustains suspension/ revocation actions statewide more than 80% of the time, regardless of whether an individual has an attorney, or not. The hearing results in either a sustained suspension or rescinded suspension. In short, there is no middle ground; one’s personal hardships, lack of criminal history and contribution to the community at large has no impact in the DOL administrative hearing context, this is different from the criminal court setting. Notwithstanding the foregoing, it is imperative that one obtain a qualified Seattle DUI attorney to assist with the DOL administrative hearing. This is because generally only an aggressive and experienced attorney has any hope whatsoever of winning these difficult, and often unfair, hearings. The Seattle DUI attorneys that make up the criminal defense team of SQ Attorneys provide the aggressive representation one needs to fight so he/she can retain their Washington State driving privilege.
Felony DUI
Throughout the past decade Washington State’s Legislative body has made extensive efforts to crack down on those individuals who drive while under the influence of alcohol, drugs and/or both alcohol and drugs. The Washington State Legislature’s point of emphasis has not only been to curtail first time offenders of Washington State’s DUI laws, but also repeat offenders. In July, 2007, Washington State took the initiative to pass a law that under certain circumstances makes it a Felony (not a Gross Misdemeanor) to be driving under the influence in Washington State. Since the summer of 2007, a person may be charged with Felony DUI in Washington State if: (1) the driver has a history of four or more DUI convictions within the past 10 years, inclusive of successfully completed Deferred Prosecutions and/or reduced charges such as Negligent Driving First Degree, Reckless Driving, and Reckless Endangerment; or (2) the driver has previously been convicted of an alcohol/ drug related vehicular homicide or vehicular assault any time in the past.
It goes without saying that any criminal conviction carries with it undesired penalties and obligations, but a Felony DUI conviction is the most intrusive and stigmatizing conviction a person can receive in Washington State; a Felony DUI conviction carries with it significantly higher penalties than a Gross Misdemeanor DUI conviction, and it may have far greater long term implications on a person’s personal and professional life. The Seattle criminal attorneys that make up the criminal defense team at SQ Attorneys understands the significant impact a DUI conviction can have on one’s personal and professional life. They understand that being charged and prosecuted for DUI in Western Washington (whether a Felony or Gross Misdemeanor) is one of the scariest experiences an individual can face during her lifetime.
Ignition Interlock Device (IID)
State of Washington Ignition Interlock Requirement laws (RCW 46.20.720) require the installation of an Ignition Interlock (“IID“) on an individual’s vehicle when convicted of DUI in Washington State. The amount of time the IID is required can be up to ten years; the amount of time a person is required to have an IID is based upon on a number of things, to include:
- The number of DUI convictions the person has on his/her criminal record;
- The blood alcohol concentration of the person
- Whether the DUI conviction involved a minor (under 16 years of age) in the car
- Whether there was an IID in place during any license suspension period
To determine how long one may need an IID on his/her vehicle after a Washington DUI conviction, it is recommended that you consult with the experienced Seattle DUI attorney. SQ Attorneys is well versed in, and intricately familiar with, the DUI and Ignition Interlock Requirement laws of Washington State, and can make a huge difference in the outcome of any DUI related charge in Western Washington.
What is, and how does, the IID Work?
The IID is attached to a vehicle’s ignition and the driver must blow into the device to start the vehicle and, at times, to keep it running. The IID makes use of a fuel-cell sensor to detect alcohol content in an individual’s breath. It is designed to measure the blood alcohol level of a driver. If a breath sample registers over the acceptable level, the vehicle will not start, or if in motion it will turn off.
Potential Problems in Using IIDs
Although designed to prevent drunk driving, and to protect the public at large, there are some potential consequences related to possessing an IID:
- False Positives – the IID can potentially detect mouth alcohol created by such things as mouthwash. Moreover, certain foods contain yeast and sugar and this too can possibly cause positive results. A driver who is required to have an IID on his/her car must be extremely aware of what he/she eats or drinks so as to prevent false positives.
- Malfunctions – nothing is infallible – accuracy and reliability are not guaranteed. Like any machine malfunctions are bound to occur; IID’s use complex fuel-cell technology.
- Shared Vehicle – if the convicted person is sharing the vehicle with another person, the other person will need to use the ignition interlock device as well; the device is not individual sensitive.
Underage Drinking
In Washington State there are two major types of Underage Drinking Crimes: (1) Minor Driving Under the Influence (“MDUI“), and (2) Minor in Possession (“MIP“).
Minor Driving Under the Influence
A Minor Driving Under the Influence conviction is a very serious criminal offense in Washington State. A Minor Driving Under the Influence charge is filed in Washington State when a person under the age of twenty-one is caught driving a motor vehicle with a Blood Alcohol Content between .02 – .07 within two hours of driving. A conviction for Minor Driving Under the Influence in Washington State is punishable by up to 90 days in jail and a fine of $1,000; there is also the possibility of a driver’s license suspension of up to 365 days for a Minor Driving Under the Influence conviction. A Minor Driving Under the Influence conviction in Washington State will have strong negative consequences on one’s ability to go to school and to find employment opportunities.
Minor in Possession
Similarly to Minor Driving Under the Influence conviction, a Minor in Possession conviction in Washington State is a very serious criminal offense. A Minor in Possession charge is filed in Washington State when a person under the age of twenty-one is caught by law enforcement consuming alcohol. A conviction for Minor in Possession in Washington State is punishable by up to 365 days in jail and a fine of $5,000. If a person is in school, or plans on attending school, a Minor in Possession conviction may be grounds for expulsion from school, or the barring of admission into school. Furthermore, a Minor in Possession conviction may negatively impact one’s ability to receive financial aid from the Federal government.
Implied Consent for Breath Tests
Breath Tests in Washington State – ALL Washington State drivers have impliedly consented to taking a breath test
Whether you know it or not, as a licensed Washington driver you have already consented to taking a breath test in Washington State. Under Washington’s Implied Consent Law, if you are lawfully requested by law enforcement to take a breath test you must take the breath test or you will lose your Washington State driving privilege. Washington’s Implied Consent Laws also state that if you take the test and blow over the legal limit you will lose your Washington driving privilege.
Although technically you have the right to refuse a breath test in Washington State, the consequences for so choosing can be more pronounced than if you consented to taking the test in the first place. Perhaps more importantly, the government can usurp your choice to refuse to provide a breath sample by obtaining a warrant to draw your blood, notwithstanding your refusal. The only way, and sole opportunity, to have a chance to fight automatic suspension of your driver’s license in a Washington DUI case is to timely send to the Department of Licensing a request for an administrative hearing.
Washington’s Implied Consent Law is only satisfied when you blow into an officially approved breath test machine. Such machines are large and are only located at police stations, not on the scene of the initial stop/ contact. Some people mistakenly think they have satisfied their obligation to blow into a breath test machine by blowing into a relatively small hand held device (otherwise known as a “portable breath test” machine) on scene. These machines are not considered “officially approved breath test machines” for purposes of complying with Washington State Implied Consent Laws. Portable breath test machines are simply used so as to assist officers in determining if they have sufficient probable cause to arrest a suspected DUI driver, nothing more. Refusing to provide a breath sample into a portable breath test machine on scene does not impact your Washington State driver’s license privilege; refusing to blow into the large “official” machine at the police station does impact your Washington State driver’s license privilege. Many Washington drivers have lost their Washington State driving privilege because they did not understand this critical distinction. Washington law provides that if being requested to provide a breath test on the large “official” machine at the station you must be officially “reminded” of the consequences of your decision to take, or not, the breath test. Law enforcement is required to read an Implied Consent Warning form and you are then asked to make your decision regarding the test. The Implied Consent Warning form is difficult to understand. Undoubtedly, the shock of the arrest makes it very difficult to appreciate the fine legal distinctions presented by the warnings being given from the Implied Consent Warning form. For this very reason, it is extremely important that if you are arrested for DUI in the Greater Puget Sound area you exercise the right to call either a Seattle DUI Attorney or a Bellevue DUI Attorney for advice before making any decisions regarding the breath test.
Interestingly the Implied Consent Warning form does not, and is not required to, tell you several important facts: (1) If you refuse the test, you will most assuredly be prosecuted for DUI and your refusal to take the test will likely be the cornerstone of the prosecution’s case, (2) if you refuse the test your Washington driving privilege will be revoked and you will have to file proof of financial responsibility (otherwise known as “high risk” insurance) with the Department of Licensing, the same as if you had been “convicted” of DUI, and (3) as noted above, notwithstanding your choice to refuse a breath test, the police may elect to obtain a warrant to compel you to give a DUI blood test thereby usurping any benefit of refusing the test.
All driver’s arrested for DUI who either have a breath test of .08 or greater or who elected to refuse to take a breath test are entitled to an administrative hearing before the Department of Licensing before a suspension or revocation of their Washington State driving privilege can take place. The request for hearing must be made within 20 days of the date of arrest, accompanied by a check for $200. This request should be made in the case of a Seattle DUI arrest or a DUI arrest occurring anywhere else in the State of Washington.
The law regarding taking or refusing to take a breath test in Washington is one of the most complicated areas of Washington State DUI law. Because this and because of the significant driver’s license implications associated with DUI investigations, any person facing the decision to take or refuse a lawfully requested breath test in Washington State should call a reputable Seattle DUI attorney immediately to discuss the consequences of that decision.
Washington State Deferred Prosecution Statute
Under the Washington Deferred Prosecution Statute, a person who truly believes that he or she suffers from an alcohol and/or drug addiction can petition a court for a dismissal of her pending DUI charge. In exchange, she must: (1) undergo and complete an intensive alcohol and/or drug treatment program, and (2) follow all court ordered conditions for a period of at least five years. Successful completion of the treatment program and compliance with all court ordered conditions likely will result in dismissal of the pending DUI charge in Washington State. Alternatively, failure to successfully complete the treatment program or to successfully comply with all court ordered conditions will result in a DUI conviction. A person is eligible for only one deferred prosecution in her lifetime. As such, anyone facing a DUI charge in Western Washington should confer with a Seattle DUI attorney and/or a Bellevue DUI Attorney before deciding whether or not a deferred prosecution is in her best interest.
