There isn't any one answer for all cases, but there are certainly legal challenges that can sometimes result in suppression of the test result from evidence. You would need to go over the specific facts of your case with an experienced DUI lawyer to know if you have any legal defenses to fall... Read more »
"It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, ... or to refuse upon demand of such police officer to produce his or her... Read more »
Almost always, but will normally require an ignition interlock be installed in your car.
Start here:
https://www.dol.wa.gov/driverslicense/iil.html
If you are convicted of a DUI, or a DUI related offense in Washington state, the court will order you to obtain an assessment to determine if you need any sort of alcohol treatment. The amount of treatment, or rehab, will be based upon that assessment. Some people are ordered to do a one day class... Read more »
I was convicted of 2 DUI's in 2011 and had my license suspended consecutive years. I did get the interlock device put in prior to my court dates. Both DUI charges were reduced to negligent and reckless. Since I couldn’t drive the interlock device was removed from my vehicle by the interlock... Read more »
That sounds right, the four month requirement would apply to someone in that situation. It's too bad you got wrong information from them in 2015, but based on what you have said I would expect you to have the four month requirement. I can't say for sure without looking at your history and... Read more »
I got 5 years bench probation for the DUI...it has been 6 years so am I safe from getting a probation violation?
Probably. The five years can get extended in certain circumstances, so someone would have to look at the court docket to confirm that they closed their jurisdiction.
If you didn't have probation violations, and never missed court dates, then it should have closed five years from the... Read more »
A pending DUI will show on your DOL record. Not all the info on your record is actually reported when requests are made. For example, a pending DUI hearing would not show up on an insurance abstract. Traffic infractions do not show up unless they are found committed by the court. This is... Read more »
Depends on the 'level' of suspension. Second and third degree suspensions don't have mandatory jail or fines, but first degree has mandatory jail.
While a person is on DUI probation, the law requires a 30 day jail sanction for driving suspended in any degree. If you are able... Read more »
The answer changes a lot, depending on the breath / blood level, facts of the case (passengers, crash, dangerous driving), and what jurisdiction you are in. To get an accurate answer, talk to a DUI lawyer who works in the town where you were arrested.
In most jurisdictions, she will still be charged with DUI. Talk to a lawyer who practices DUI in your area right away to get some guidance to get through this.
I read 2018 officers pocket manual and on pg 2-22 it states- "once you have made a legal stop of a vehicle for a traffic offense, you automatically have the authority to order the occupants to stay inside or to exit the vehicle"
Is this true?
Reason I ask is I was stopped... Read more »
Assuming that you were stopped lawfully, and lawfully detained at the time, law enforcement can ask you to exit the vehicle.
If some other factors exist, it could happen. Doesn't mean the driver would be convicted at trial, certainly.
If there were other substances found in a blood draw, for example, so the .02 alcohol was not the sole basis for the charge. If the driver were under 21, then there is a crime... Read more »
There are different physical clues they are supposed to look for. Some will administer the 'standard' roadside tests, but since they are designed for alcohol impairment they are of limited value.
They have a number of specialized tests, called the drug recognition protocol. A... Read more »
An alcohol related non incidental and co-operative driver with no passengers first offense no priors in Washington state (.122) restrictions are no alcohol, non rx drugs or controlled substances, is thc ok? Pre trial is 8ish weeks away, only had the arraignment 2 days ago(my attorney didn't... Read more »
If you have an attorney, you really should direct your question to her or him. Different courts have different policies; generally conditions of release include no marijuana, but I would have to look at your specific court documents to be clear on that.
Yes. Some courts deny a person on either pretrial supervision or probation to abstain, even if medical. Since the law was changed to legalize marijuana that has been on the decrease. If it happens a person may need to get proof from their doctor and provide it to the court.
without consequences?
You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The... Read more »
How much would it cost to get her out and would we need the money up front? What would the process be like?
The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient... Read more »
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also,... Read more »
Shortly after I got in a wreck and suffered a tbi and after a coma I was released from the hospital and went home to ga having no memory of the DUI went to get my motorcycle permit and was informed I cannot due to a DUI conviction in 2008 and since have had medical reasons to wait so long how do I... Read more »
Contact Washington Department of Licensing. Ask the them the reason for the hold on your license. It is likely due to a warrant being issued on the DUI case from the court in which it was filed. Your license could also be held up due to an administrative suspension that was imposed by DOL. That... Read more »
Go to Clerk of Court's office. Give them your case information. Tell them whether you need certified or regular copies. Be ready to pay, since most courts charge to do this.
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