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Glisson, Witt & Altman, Attorneys at Law

DUI

Driving under the influence penalties in Washington are some of the toughest, as well as most complicated,  in the nation. Any DUI conviction, even if you have no criminal history at all, carries mandatory jail time, nearly a thousand dollars in fines and court costs, and other non-negotiable penalties. It carries five years of probation and court-supervised drug or alcohol treatment.  If convicted, you will be required to install an Ignition Interlock Device in your car and may be restricted to your home for a period of time with an electronic home monitoring device if you are found guilty.  Anyone accused of DUI is subject to losing their license for at least 90 days, and must carry expensive high risk insurance for three years. If you have been convicted of DUI, or been granted a deferred prosecution in the last seven years, a DUI charge carries at least 30 days in jail. A prior DUI arrest counts against you even if it was ultimately reduced to a lesser offense, like Negligent or Reckless Driving. In some cases, it counts against you even it was dismissed.

The law in Washington allows a driver to be charged with DUI if their blood alcohol content (BAC) is higher than .08. But a driver can also be charged with DUI if they refuse to submit to a test to determine their BAC. Washington law even allows a driver to be charged with DUI when their BAC is less than .08 if the police believe that the driver was under the influence of alcohol or any drug, even drugs for which the driver has a prescription.

In Washington, the Department of Licensing suspends the driver’s license of any driver who is arrested for DUI and has a BAC  > .08, or who refuses to submit to a BAC test.  This is entirely separate from what happens in the criminal action. Even if you are not charged in court with DUI, you will still lose your license if you don’t act quickly. You will lose your right to challenge the suspension if you don’t act within 20 days of the incident. Suspensions / revocations can range from 90 days to 4 years for a DUI arrest, even if a jury finds you not guilty.

Keep in mind you are not alone. In 2008, there were over 38,000 DUI arrests in the State of Washington, not including drug related arrests. According to the state patrol, one of the top ten establishments listed in the entire state by arrested drivers as their starting point is in Kitsap County. In 2006, a Kitsap County establishment was the source of more DUI arrests than any other in the state.  In 2009 alone, Kitsap prosecutors were referred more than 1,400 DUI cases.

A skilled, experienced attorney is familiar with dozens of challenges to every stage of DUI prosecution. Was the original stop based on valid probable cause? Were constitutional safeguards regarding search, seizure, and arrest observed during the police investigation?  Was the BAC test administered according to the procedures mandated by the Washington Administrative Code? Any failure by police to follow the letter of the law weakens the prosecution case, and provides the accused a legal defense and important negotiation leverage.

Who represents you in a DUI case is one of the most important decisions you will make. When selecting an attorney for a DUI or any other criminal charges, choose carefully. Your attorney should be someone you can trust, someone you can talk to—but someone who is willing and able to fight to protect you in court, and in the DOL hearing to preserve or return your driver’s license. A poorly handled case can cost thousands of dollars in fines and fees. MSN Money magazine estimated the average cost of a DUI conviction at over $10,000, and that was about three years ago. A good lawyer can often save you more than their fees.

Conditions on your release are determined at your first court appearance. The judge can require you install an ignition interlock, be on electronic home monitoring, or have to post bail or go to jail.  You should have an attorney with you from the first minute you appear in front of the judge. At Glisson,  Witt & Altman, our attorneys are professional, aggressive , and committed to helping you. We will fight to protect your rights, and make sure you get the fair treatment that you deserve in the complex world of DUI defense. We set reasonable, affordable fees with the goal of getting you back on the road and moving on with your life as quickly and painlessly as possible.

Don’t go to court alone and unprepared! Talk to an attorney before you appear in front of a judge.

 

Address:             400 Warren Avenue

                                  Suite 415

                                  Bremerton, WA 98337

Telephone:       360.782.9000

Fax:                        360.782.9003

 

Email:                  office@glissonwitt.com

 

 

 

 

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The information on this website and the links contained herein does not, and is not intended to, substitute for legal advice. You should consult with a qualified attorney for advice specific to your legal needs and questions.

 

Why do you need a lawyer if you have been charged with DUI?