Driving Under the Influence (DUI) in the State of Washington

A. DUI Defense in Seattle and Washington State

Washington has enacted an implied consent law.  The implied consent law provides that every licensed driver within the state is considered to ahve given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has a reasonable suspicion of intoxication.  In Washington, refusal to submit to such testing results in license suspension or revocation.  A DUI (RCW 46.61.502) is a gross misdemeanor with maximum penalties of up to 1 year in jail and a $5000.00 fine. DUI convictions have mandatory minimums (RCW 46.61.5055). This means if convicted of a DUI and depending upon your criminal history, there are absolute minimum penalties that you will be forced to comply with. You need an aggressive, experienced and diligent attorney to assist you in understanding what you are facing. You want an attorney who is going to do everything possible to prevent the conviction or at a minimum lessen the penalties you may face. Call the Law Offices of Alfoster Garrett, Jr., P.S. at 206-583-0050 if you have been charged with a DUI anywhere throughout Washington State.

There are other penalties that a DUI can have. For example, if you are not a US citizen, a DUI conviction could lead to your deportation. You need an attorney like Alfoster Garrett, Jr. to warn you of such penalties and make sure that everything possible is done to prevent such penalties.

B. The Department of Licensing

The criminal charge and penalties associated with any conviction are not the only problems. In Washington, your privilege to drive is also at risk. As soon as you are charged with a DUI, the Department of Licensing (”DOL”) begins and administrative action to remove your right to drive. You have 30 days from the date you receive notice from the DOL to request a hearing or you waive the right to challenge the administrative action and your license will be revoked for 90 days or more.  Additionally, even if you are successful in preventing the DOL from suspending your license, the DOL can subsequent to any criminal charges take further action against your license. 

A DUI in Washington, just like many other states, is an extremely serious offense that has become more complicated to defend. Each year there are new changes to DUI laws because of the need to protect the public from drunk drivers, reflecting the legislatures intent to make drunk driving a serious crime. It only makes sense that you hire someone who is knowledgeable and continually monitors the changes that occur. Our firm is experienced, knowledgeable and monitors the advance sheets and opinions staying updated on changes in the law.

C. The BAC (”breath test”)

Washington’s DUI Statute (RCW 46.61.502) provides in part:

(1) A person is guilty of driving while under the influence (DUI) of intoxicating liquor or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by an analysis of the person’s breath or blood made under RCW 46.61.506;

OR

(b) While the person is under the influence of or affected by intoxicating liquor or any drug.

This language means that not only can you be charged with a DUI for a blood alcohol level of 0.08 or higher but you can also be charged with a DUI if as under (b) above you are demonstrating signs of being affected by intoxicating liquor or any other drug, even when your blood alcohol level is under 0.08! The prosecutor only has to prove that you were “appreciably affected.”

Nuisances like these in the law make it important to hire an attorney that understands how to navigate through the complexities.

D. FEES

Many people choose an attorney based upon the lowest fee as opposed to quality, experience and service. Although the cost can be relatively expensive you should remember that the lowest quoted fee may not necessarily be in your best interest. In every aspect of life, YOU GET WHAT YOU PAY FOR! Recall the many times you have said to yourself, “I should have bought the other one” after the product you purchased didn’t last as long or wasn’t as good as the slightly more expensive one. Are you willing to put your freedom and driving privileges in the hands of an attorney simply because he is the cheapest?

The cost of legal defense depends upon what amount of work is required in your case.  All cases arise out of a specific and unique set of facts.  Therefore, it is difficult to determine the exact cost until after we have discussed the case thouroughly.  Accordingly, the Law Offices of Alfoster Garrett, Jr., offers a free consultation to determine that cost and allow each individual to make a fully informed decision before we begin our representation.  We also offer payment plans unique to each client’s needs. 

Other Offenses

A. Our firm also handles other alcohol related offenses and traffic offenses as well.