Washington DUI and DWI Legal Questions

You are not required to and you should not speak to the police about the incident. When confronted by police who wish to interrogate you, it is advisable to exercise your right to remain silent and your right to an attorney and not answer questions. From the facts you outline, I think there is almost no chance that they could charge a DUI in the case. However, there is at least the possibility that you could be charged with hit and run unattended, which is a misdemeanor in Washington.... Read More

The legal limit for blood is .08. You probably mean .066, because at .66 you would be dead. You can still be charged and convicted of DUI even under .08 if other evidence allows the prosecutor to prove beyond a reasonable doubt that your ability to drive was lessened in any appreciable degree by alcohol and/or drugs.... Read More

Not unless there is other evidence of your impairment, such as the officer's observation of other things like bad driving, field tests, odor, slurred speech, bloodshot and watery eyes sufficient for him to form an opinion of your impairment to convince a jury beyond a reasonable doubt. The handheld breath test will not come into evidence before the jury.... Read More

Under Washington law, expungement refers to removing an arrest record from police databases. This can not be done if the person ended up with any conviction out of that arrest. In some cases however, a conviction can be "vacated" off someone's public record. DUI's are not eligible for vacation, but lesser DUI related offenses are, including negligent driving or reckless driving.... Read More

The prior DUI's will not count as prior offenses for purposes of increasing the mandatory penalties on the new one (since they are more than seven years old). However, the court and prosecutor will strongly consider the old cases when negotiating plea bargains, determining the sentence, and deciding how much alcohol treatment and probation you must undergo.... Read More

A person held in jail pending trial is entitled to a trial within 60 days from their commencement date, which is essentially the date of their arraignment. (the date they entered the plea of not guilty) CrRLJ 3.3. If you are willing to post bail for your friend, I would recommend it so he or she doesn?t make a decision on the case based on whether they will remain in custody or not.... Read More

Try to contact your probation officer and let him know that you have attempted to comply. You can obtain an alcohol evaluation through another state certified treatment agency and perhaps another agency can get you in before any court date. An attorney may be able to help facilitate the evaluation or assist in dealing with probation.... Read More

If the 2011 DUI was amended to Neg 1 under the same case number, it will count as a prior for purposes of the new case. If it went to Neg 2, or was refilled under a different case number, it will not. If it does count as a prior, the mandatory minimum penalties on the new case are 30 days in jail, 60 days of home detention, 2 year license suspension, at least a year with the interlock device and fines, plus an alcohol program and five years of probation.... Read More

I don't know where you are located or where your case is pending, but it is always a good idea to have a lawyer help you with a DWI. There can be serious consequences not only in the criminal case, but also with regard to the administrative case that, in Missouri, the Department of Revenue handles regarding the status of your driver's license. My name is Carter Law (Law is actually my last name); I am a lawyer in St. Louis, Missouri (specifically, in Clayon, in St. Louis County). If you were just pulled over last night, you normally wouldn't have a court date for at least a month or so. Please feel free to call if you would like to discuss the case with me further. My office number (where I am now and will be for about another hour) is 314-721-7095. You may also feel free to contact me on my cell phone, which is 314-707-7095. Thank you for the opportunity to help.... Read More

The penalty could be an enhancement to your DUI charge. Basically what you would be doing is tampering with evidence or violating the terms of your punishment. This can be a very serious offense and I would higly recommend contacting an experienced attorney in your area to help you in handling both the DUI charge and the potential tampering charge.... Read More

You can still be charged with a DUI, even without a breath test. As for Miranda rights, if you are not being asked any questions (interrogation) then Miranda may not be necessary. I would like to see the police reports because many clients I have tell me the same thing. However, upon reading the reports, I see that they were so impaired that they did not remember.... Read More

In cases in which a person has had their driver's license suspended for an alcohol related arrest, the State of Washington will require that they make an SR22 insurance filing. This requirement runs for at least 3 years from the date they are eligible to get their license back, following the suspension. This is not necessarily new or different insurance, but simply proof of "future financial responsibility". It is filed by your insurance company. Most insurance companies do it, and should know just what to do. Some companies do not do them, so she will need insurance from another company that does.... Read More

Warrants on DUI cases expire after three years, but can be renewed again and again if the prosecutor wants to do so. The first step is to finds out if the warrant it is still active. If it is, it is best to set a motion to quash the warrant, and try to stay out of jail that way. The status of the case at the time the court date was missed and the warrant issued (i.e. prior to trial, vs. probation violation) will largely influence what happens when you go to court. It is best to get an attorney to work through this with you.... Read More