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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. Many people consider pleading guilty to save time, stress, and court appearances, sometimes without even consulting a lawyer. 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 requires five years of probation and court-supervised drug or alcohol treatment.  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 prosecutor believes there is evidence that the driver was under the influence of intoxicating liquor 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. As a rule, you lose your right to challenge the suspension if you don’t act within 30 days of the incident. Suspensions / revocations 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 2005, State Patrol alone arrested over 20,000 people for DUI (source— WSP 2005 Annual Report).  This doesn’t include the other hundreds of law enforcement agencies in the state— there are five other police agencies in Kitsap County alone. Of the top twenty establishments listed statewide by arrested drivers as their starting point, four are in Kitsap County (source – Statewide Summary of BAC data, 2005).

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 recently estimated the average cost of a DUI conviction at over $10,000. A good lawyer can often save you more than their fees.

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 inexpensively as possible.

 

CALL and speak to an attorney about your case TODAY at no charge.

 

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?