DUI/DWI ● Physical Control ● BUI ● Minor DUI - Serving the Puget Sound area since 1996
Over the past years drunk driving cases have encountered intense political, social, and media scrutiny—whether it be a professional athlete or politician accused of drunk driving, or the tragedy of a fatal accident. The social stigma attached to being accused of DUI has never been greater. This attitude has been firmly planted in the minds of prosecutors statewide, in addition to law enforcement and judges. Washington State now has some of the toughest drunk driving laws in the country.
In almost every area of our lives, errors in judgment can occur, and a majority of those accused of driving under the influence are first time offenders with no prior involvement in the criminal justice system. One brief mistake can have far-reaching and potentially lifelong consequences. At The Nahajski Firm in Seattle, Washington, we recognize that one bad decision does not define someone’s character, and are dedicated to making this stressful time as easy as possible.
For a free consultation with an experienced DUI/DWI lawyer, call The Nahajski Firm today at 206-812-2995.
In addition to traditional DUI arrests, those drivers under the age of 21 can be charged with a ‘Minor DUI’ if the breath test reading is between 0.02 and 0.08. While the penalties are slightly less than an adult DUI, the ramifications are still severe and costly.
Boaters who operate a vessel while impaired may be charged with Boating Under the Influence (“BUI’). BUIs are also criminal charges that carry the possibility of jail time, probation, and alcohol treatment.
Despite the potentially harsh consequences, in every DUI/DWI case there are opportunities to improve your situation. It takes an experienced DUI attorney link to attorney profile to be able to take advantage of those opportunities and pro-actively challenge all aspects of the government’s case: from the reasons for the initial traffic stop, to challenging the admissibility of the breath test.
To learn more, please visit our Drunk Driving Practice Center.
The most important first step you can take is to discuss your case with an experienced DUI attorney. The Nahajski Firm has more than 27 years combined experience in representing those accused of DUI/DWI, Physical Control, BUI, and Minor DUI charges throughout the Puget Sound area. For a free initial consultation, call The Nahajski Firm at 206-812-2995 to discuss the exact the specifics of your case and to see what steps can be taken to minimize the possible consequences.
Frequently Asked Questions
Q: What are the penalties I am facing?
First Offense (BAC less than 0.15):
JAIL: 1-365 days (or 15 days house arrest) FINE: $866-$5,000 LICENSE SUSPENSION: 90 days IGNITTION INTERLOCK: 12 months ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
First Offense (BAC over 0.15 or refusal):
JAIL: 2-365 days (or 30 days house arrest FINE: $1,078-$5,000 LICENSE SUSPENSION: 1 year (2 years of refusal) IGNITTION INTERLOCK: 2 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Second Offense (BAC less than 0.15)
JAIL: 30-365 days HOUSE ARREST: 60 days FINE: $866-$5,000 LICENSE SUSPENSION: 90 days IGNITTION INTERLOCK: 5 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Second Offense (BAC less than over 0.15 or refusal)
JAIL: 45-365 days HOUSE ARREST: 90 days FINE: $1,503-$5,000 LICENSE SUSPENSION: 2 years (3 years if refusal) IGNITTION INTERLOCK: 5 years ALCOHOL TREATMENT: 1 day to 2 years INSURANCE: SR-22 high risk insurance for 3 years PROBATION: Up to 5 years CRIMINAL RECORD: Permanent
Q: Can I get charged with DUI if the car was legally parked?
A: Technically speaking, NO. But only in a technical sense. The crime you could be charged with is “Physical Control” which is defined as “being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug.” RCW 46.61.504.
This statute can be violated even if the vehicle is not running. It is an affirmative defense to the charge, however, if, prior to being pursued by law enforcement, the suspect has moved the vehicle safely off the roadway. RCW 46.61.504(3).
Physical Control is identical to a traditional DUI in all aspects of sentencing and license suspensions.
Q: Can I get DUI on private property?
A: YES.
State DUI law says you are not to operate, or be in physical control of, a motor vehicle anywhere in the State. This includes private parking lots, parks, beaches, and driveways
Q: Can I get a DUI if I refuse the breath test or it’s under 0.08?
A: YES.
The basic premise of DUI law is that it is illegal to “drive a motor vehicle while affected to an appreciable degree by alcohol and/or drugs.” However, if your breath test reading reached 0.08, you are legally presumed to be affected by the alcohol you consumed.
Likewise, if you refuse to submit to a breath or blood test, you can still be convicted of DUI if the prosecution can establish that you were “affected to an appreciable degree” by the alcohol/drugs consumed.
Q: Do I have to submit to a breath test?
A: NO (Although we recommend you do take it)
Everyone asked to submit to a breath or blood test can refuse the test. HOWEVER, the consequence is that the Department of Licensing will suspend your privilege to drive for a minimum of one year. This administrative sanction is completely separate from the potential criminal penalties.
If you chose to refuse the breath test you will lose you license for the following periods:
FIRST OFFENSE within 7 years: One year SECOND (and subsequent) OFFENSE within 7 years: Two years.
NOTE: The suspension begins 60 days following the date of arrest. Any suspension for refusing the breath test cannot be avoided by entering a deferred prosecution, and you are not eligible for an occupational license for at least three months. The suspension can be challenged however, by requesting a hearing with the Department of Licensing.
Q: How long will I lose my license?
A: It depends.
There are actually two types of suspensions related to a DUI/Physical Control arrest. The first is the “Administrative” suspension. This is a penalty imposed by the Department of Licensing alone, and has nothing whatsoever to do with the criminal case. The length of the administrative suspension varies depending on the individual, however, every administrative suspension can be challenged by sending in the “Driver’s Hearing Request Form.”
The suspension will begin on the sixtieth day following your arrest. The length of the suspension will differ depending on the exact circumstances of your case. In every case, however, the only way to avoid this suspension is to send in the Driver’s Hearing Request Form. It is your responsibility to send in the form as instructed on the Hearing Request Form within 30 days of the date of your arrest. If you are even one day late, your request for a hearing will be denied.
Q: If I lose my license can I drive to work (“Temporary Restricted License” “Occupational License”)
A: Sometimes. Depending on the exact circumstance of your case, you may be eligible for an occupational license. In order to obtain an occupational license, you must obtain SR-22 insurance and install an ignition interlock device in your primary vehicle. There is a waiting period, however, before you are able to apply for an occupational license. We recommend you discuss the eligibility requirements with a DUI attorney.
Q: What is a deferred prosecution?
A: The state recognizes that certain individuals require alcohol treatment. A deferred prosecution is a one-time opportunity to seek treatment in lieu of being convicted. A deferred prosecution will result in the charge being dismissed after 5 years of compliance with the conditions of the program, however, in the event of a violation of any of the conditions, the deferred prosecution will be revoked and a guilty finding entered.
Even if the deferred prosecution is successfully completed and the charge dismissed, it will be considered as a prior DUI conviction if charged with another offense.
Q: What should I do if I am pulled over for DUI?
A: The first thing you should do is be polite and respectful to the officer. If you are polite and respectful there is a very good chance you will not be booked into jail, and they may even give you a ride home. Avoid answering any questions, including whether you have been consuming alcohol. By the time the question is asked, the officer likely already knows you have consumed alcohol.
Any experienced DUI attorney would recommend respectfully declining to perform any roadside tests. These tests include the traditional tests such as the “walk and turn,” “finger to nose” and balance tests, but also include the horizontal gaze nystagmus and portable breath test. Almost everyone contacted by an officer for suspicion of DUI are asked to perform such tests, however, they are completely voluntary. After declining to perform any roadside tests it is likely you will be handcuffed and taken to a local police station for the breath test.
Once at the station request to speak with an attorney. In general this office advises suspects to submit to the breath test at the station. If you remember that the only piece of evidence you should have provided is the breath test at the station, you will provide your attorney many more opportunities to improve your situation.
Every case has its own unique problems, consequences, and opportunities. No two cases are alike. We encourage you to call and speak personally to a lawyer about the details of your unique circumstances. Call us at 206-812-2995 for a free consultation with one of our experienced DUI/DWI attorneys today. We are available to represent people throughout the Puget Sound area, including Seattle, Bellevue, Everett, and Kent.
