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Washington DUI / DWI Questions & Answers
1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Washington on
Q: what if you have no prior offenses and crash your car total it drunk and totally a mercedes’ in the state of washington
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Washington criminal defense attorney could advise best, if you need to discuss any charges. Your question probably remained open because car accident attorneys (the chosen category) deal more with civil damages (money for injuries or vehicle damage). You could reach out to criminal defense... View More

2 Answers | Asked in DUI / DWI for Washington on
Q: Facing a Second DUI Charge after a previous offense reduced four and half years ago in WA State.

I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps... View More

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Mar 26, 2024

Sorry to hear. Although the prior was reduced to Neg 1, for sentencing purposes, it would count as a prior DUI. You will likely be facing enhanced penalties due to the breath test result reaching .15. A conviction for a 2nd DUI could result in a mandatory minimum of 45 days in jail plus 90 days of... View More

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2 Answers | Asked in DUI / DWI for Washington on
Q: Facing a Second DUI Charge after a previous offense reduced four and half years ago in WA State.

I'm 26 and got nabbed for my second DUI by the state patrol. The last incident was around four and a half years ago, but it got reduced to Neg 1, and I blew a 0.11. This time, it's more serious, at 0.17. I've entered a plea of not guilty. Right now, I need some guidance on what steps... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 26, 2024

Yes you are in between a rock and a hard place because this last DUI is your second offense and the penalties are higher because of the first one. Please Please contact an experienced criminal defense attorney that does DUI law All the time. Not one that just does one or two cases here and... View More

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2 Answers | Asked in DUI / DWI for Washington on
Q: I am going prro se on an aggravated dul ?Is that a good idea ?
Jahnis John Abelite
Jahnis John Abelite
answered on Nov 19, 2023

Going pro se on any serious criminal traffic case is never a good idea because the consequences from a bad outcome can be very serious and can have adverse effects on your life for many years. What is an "aggravated DUI" in your case? You don't provide enough information for a proper... View More

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1 Answer | Asked in DUI / DWI for Washington on
Q: Does prosecution in WA state not negotiate penalties if you have a high DUI reading of around 0.2?
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Oct 7, 2024

Hello, negotiated settlements can be more difficult when there is a high breath test. There are other issues that can be fought, in addition to the test result. Don't give up. Talk to a few DUI attorneys. Many of us offer free phone consultations.

1 Answer | Asked in DUI / DWI for Washington on
Q: Does a police officer in Washington State, have to ask the driver if he wants to take a sobriety field test.
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Apr 24, 2024

Yes, law enforcement must inform that the field sobriety tests are optional. This is one of many issues that can be challenged by an experienced DUI lawyer.

2 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for Washington on
Q: Had a DUI accident a 1yr ago, did a BAC test, and got charged with DUI and Vehicular Assault but haven't been convicted

It's been a year since the accident I had in WA. Told the officer I had 2 glasses of wine, and did a BAC test but the results haven't been released yet. I had a court date a few days after the accident but it got postponed because they were still investigating. I haven't received... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Aug 25, 2023

Your lawyer should be able to investigate the case and request a copy of the police report. The lawyer should also run your name on the JIS system to see if a court case has been filed. You should have requested a DOL DUI hearing from the Washington DOL within seven days of your arrest. You should... View More

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1 Answer | Asked in DUI / DWI and Criminal Law for Washington on
Q: Is there a way out of the "DUI Court" program?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023

In Washington, the DUI Court program is typically a court-ordered treatment and rehabilitation program designed to address DUI offenses and the underlying factors contributing to them. While participation is generally mandatory, there could be situations in which individuals seek to exit the... View More

2 Answers | Asked in DUI / DWI and Civil Rights for Washington on
Q: I was arrested for DUI but wasn't driving. I was passenger and am facing charges. What happens now?

Driver was on drugs says I was driving. I was released but now am facing charges from government organization.

Patrick Owen Earl
Patrick Owen Earl
answered on Jun 12, 2023

You have to hire an experienced criminal defense attorney to represent you in this matter. They have to prove you were driving.

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2 Answers | Asked in DUI / DWI for Washington on
Q: What are the specific parameters needed to be considered in physical control of a vehicle?

car was parked by person #1 who left immediately after. Person#2 went inside to use bathroom while others parked. Person #2 went out to car and fell asleep in drivers seat for 4 hours. Neighbors called in wellness check and Police want to charge Person #2 with physical control rcw 46.61.504. Also... View More

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Jun 6, 2023

Sorry to hear. Unfortunately there is not a list of specific parameters needed to be considered in physical control of a vehicle. However, there is an important defense of being safely off the roadway.

In the opinion of the arresting officer, the vehicle might have been too close to the...
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1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Employment Law for Washington on
Q: Will a vehicular assault charge always disqualify you from working with children/vulnerable adults? Other jobs?

I was convicted of vehicular assault 11 years ago, since it never leaves my record will it always show on a background check? I am looking into switching jobs but I am unsure of what restrictions this charge still has.

Stan Glisson
Stan Glisson
answered on May 9, 2023

Most times Vehicular Assault would be eligible to vacate after ten years. You might want to consult with an attorney to see if you are eligible.

It's not a "crime against persons" so in most contexts wouldn't be an automatic disqualification. But certainly would look...
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Washington on
Q: What can happen if you run out of court room after you have been sentenced and waiting for a jailer to come get you
Patrick Owen Earl
Patrick Owen Earl
answered on Feb 25, 2023

The first thing I would need to know before I can answer this question is: When you were in front of the Judge for sentencing were you nice and compliant with the system, Judge, prosecutor and your attorney or were you a pain in the butt?

2 Answers | Asked in Personal Injury, Criminal Law and DUI / DWI for Washington on
Q: Is there anyone that can help me to settle my claim for an accident caused by a drunk driver in Washington State?

I need to find an attorney that can help me in finishing my insurance injury claim. I have literally done 3/4 of the work (I believe) and I have obtained all of the documents needed to settle this case. These include my medical documents from my PCP and therapist notes and summaries for every... View More

Stan Glisson
Stan Glisson
answered on Feb 3, 2023

Of course, there are many attorneys who can assist. I don't do these personally, but if you want to call or email I'd be happy to make some referrals.

Otherwise, you can google search and I'm sure you could find someone.

Documenting your financial losses, as you...
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1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Washington on
Q: Where can I get help with my ongoing 3rd party claim with the other drivers auto insurance company in Washington State??

3rd time DUI offender plowed into our front yard, our fence, and our car at a high rate of speed. His car finally stopped only about 10 feet from the room in which we were at that morning. Our car was deemed a total loss as this was the only thing that stopped the driver from plowing right into our... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You're correct; this could be an overwhelming matter because of the number of elements it contains. You indicate seeking an attorney. Your best option is to reach out to... View More

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Is there a way to make a mobile bartender? and if so what would someone need to do it?

I live in Washington state in spokane and seattle areas, I am wondering if it's possible to have a service where I go to someone's house and mix a drink than leave. I'm not really sure if there is anyway for this to be done I know I would need a license to serve alcohol, but besides... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Oct 31, 2022

This is not the correct forum for this type of question! You are asking criminal defense attorneys this question where you need to ask civil business attorney's Good Luck to you

1 Answer | Asked in Criminal Law and DUI / DWI for Washington on
Q: Can a judge grant a deferred prosecution for multiple unrelated charges that occurred on different days?

Criminal history.

Assault (M) reduced to Harassment 1. 2019

DUI 2020

Current charges.

2 counts assault (m)

DUI that occurred 7 days after the assault.

Driving without a license.

Driving without an IID.

Stan Glisson
Stan Glisson
answered on May 31, 2022

Talk to your lawyer to confirm, but with those facts it sounds like they can be included in a single deferred prosecution. "Separate offenses committed more than seven days apart may not be consolidated in a single program." RCW 10.05.010.

1 Answer | Asked in DUI / DWI for Washington on
Q: Is it possible to change the date I’m supposed to get scram ankle monitor by?

Need to wait until next paycheck to afford first week, it’s most expensive

Jose A. Ceja
Jose A. Ceja
answered on May 25, 2022

It is possible to get an extension but if the court gave you a deadline by which this was to be done, you must get it by the date or your bond could be revoked. A criminal defense attorney can ask your judge for an extension, or possibly get the court to waive the cost (which is sometimes done in... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: I was charged and sentenced for DUI even though I was walking

I had parked my car and was walking home when I was arrested charged and sentenced for DUI this is from almost 20 years ago

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 21, 2022

So what is your question?

If you have already charged and either plead guilty to the DUI or was found guilty at trial What are you seeking?

1 Answer | Asked in DUI / DWI for Washington on
Q: If charged with DUI is it mandatory to get IID device or can a person not obtain the IID and not drive in meantime

If charged with DUI can you not obtain a IID device and not drive in the meantime and still get your license back. Or is IID device required to obtain license back again? Hope my question makes sense. Thank you!

Stan Glisson
Stan Glisson
answered on Mar 17, 2022

Unfortunately there isn't one answer for all cases. The answer depends on the court orders, the DOL's action, and whether there are prior offenses.

Certainly someone who isn't driving never needs an IID. But sometimes the judge will order IID as a condition while the case is...
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