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Washington DUI / DWI Questions & Answers
4 Answers | Asked in DUI / DWI for Washington on
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
Jason Powers
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answered on Sep 1, 2017

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,... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Washington on
Q: Was charged with a DUI in 2006 I live out of state how do I resolve it

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... View More

Jason Powers
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answered on Aug 11, 2017

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... View More

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2 Answers | Asked in DUI / DWI for Washington on
Q: How do I get a copy of my closed case from my DUI? I paid all fines and got everything done.
William C. Head
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answered on Aug 8, 2017

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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1 Answer | Asked in DUI / DWI for Washington on
Q: I got an enhanced license with a misdemeanor of having too high of a THC level.

I never had to go to jail or pay a fine. I just had to get SR22 and that's it. But I qualified for an enhanced license that can take me to Canada and Mexico. Will I face any problems if I go to either of those countries?

William C. Head
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answered on Aug 7, 2017

Mexico may be satisfied with a certified copy of the CLOSED case, showing you are not out of the country while your criminal case is pending. In Canada, this is not sufficient. You must have permission to enter that country. They share the Homeland Security database, which will show the arrest.... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Do I have to get a lawyer for each country I want to go to in order to travel with a dui on my record?

Or is it only certain countries. Please list. Thank you so much for all of your help.

William C. Head
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answered on Aug 7, 2017

Other countries are more forgiving. Take a certified court copy for each country, showing your case is over, and satisfactorily completed. Canada won't accept this, unless you receive permission to enter.

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Washington on
Q: It's been two years since my first offense dui, how much longer till I can visit Canada
William C. Head
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answered on Aug 6, 2017

Canada considers you ineligible to enter them country. You must go through a lawyer in that country, and file for permission.

Don't commit a crime,and possibly get convicted.

1 Answer | Asked in DUI / DWI for Washington on
Q: Got 1st offense DUI 2yrs ago when I was 19. I got SR22 Never had to go to jail or pay a fine.

If I am eligible for enhanced ID can I go to Canada where all my friends live? I live in Washington.

Thank you.

William C. Head
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answered on Aug 6, 2017

Your issue is far more complicated than whatever "deal" you received in Washington, as a first DUI offender. Before you cross the boarder and possibly face a federal crime, contact a well-qualified Canadian immigration specialist.

Here is a very good one that I know. Let her be...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Do I have a DUI? I rear ended another vehicle on the freeway. Was taken in for a breathalyzer,blew .089. Then left after

I received my ticket in the mail. The only infraction I have is Following too close with no mention of the breathalyzer. I was never charged or booked i.e. no finger prints,mug shot or put into a holding cell.

Stan Glisson
Stan Glisson
answered on Jul 31, 2017

Some jurisdictions don't file charges right away. Likely you will get a summons in the mail for a court date sometime in the coming month, or two at the most.

Make sure the DOL has your right mailing address, because you will probably hear from them within a week of the time of the...
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1 Answer | Asked in DUI / DWI for Washington on
Q: If an officer wants me to take a field sobriety test, can I insist on having my lawyer present?
Jason Powers
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answered on Jul 26, 2017

You can try and request this but the officer is under no obligation to do it. Most likely, you will be told that is not mandatory and you can either do the tests now or it will be taken as a refusal. That refusal, of course, can later be used against you at trial as proof that you thought you... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: in the state of Washington can a field sobriety test be refused
Jason Powers
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answered on Jul 26, 2017

Yes. The Field Sobriety Tests (FSTs) are voluntary. The prosecution can, however, argue that the fact the FST was refused is due to the fact the driver did not want to take them because they would fail. This is called "concsciousness of guilt." Since the FSTs are difficult to complete... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: I live in Idaho but was in Washington caring for a family member.

Last week I got a DUI but refused a breathalyzer. Can I go to jail?

Stan Glisson
Stan Glisson
answered on Apr 10, 2017

If you are convicted of DUI with a refusal of the test, the minimum penalty is 48 hours in jail.

Most courts have some kind of alternative program, so you should definitely talk to a lawyer who practices in that court and find out what your best course of action is.

1 Answer | Asked in DUI / DWI for Washington on
Q: Does the law recognize different levels of intoxication and penalize accordingly?
Stan Glisson
Stan Glisson
answered on Mar 20, 2017

Sort of.

In Washington, there is a mandatory minimum penalty for a DUI, which generally means a breath or blood test over .08. There is a harsher sentence if the breath or blood test comes back higher than .15. After that, the law doesn't make any distinction.

Judges will...
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1 Answer | Asked in DUI / DWI for Washington on
Q: if i was giving a 2 year lic suspension from the court for a dui conviction can the dol give me a 900 day suspension?
Stan Glisson
Stan Glisson
answered on Mar 16, 2017

The revocation that comes from the conviction and the revocation that comes administratively from the DOL can be different, absolutely.

Could it have been the other way around, 900 days for the conviction and 2 years from DOL? That would make sense on a second offense with a refusal...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Washington on
Q: The DOL is treating me as though have two DUI's. I've never had one. What should I do? They won't listen to the courts.
Stan Glisson
Stan Glisson
answered on Mar 13, 2017

I think most lawyers would need to look at your driver's abstract and any court history you might have to answer your question.

Call someone in your area who does DUI work. If you give them your information, they can help you make sense out of it.

1 Answer | Asked in DUI / DWI for Washington on
Q: Does it make a difference what kind of law enforcement agency charges you with DUI?
Stan Glisson
Stan Glisson
answered on Feb 3, 2017

Legally? Not really. The LE agency sends a report to the appropriate prosecuting attorney office, and they handle the case from there. Doesn't make much difference who handled the investigation, assuming they had authority in that jurisdiction.

LE does send the investigation report to...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Is a DUI a misdemeanor or a felony?
Stan Glisson
Stan Glisson
answered on Jan 12, 2017

Can be both. Gross misdemeanor in Washington, but can be filed as a felony if the person has enough prior DUI history.

1 Answer | Asked in DUI / DWI for Washington on
Q: I'm under 21 and was stopped for a marijuana dui. What kind of charges am I looking at?
Stan Glisson
Stan Glisson
answered on Dec 15, 2016

If you are charged with a marijuana DUI, the penalties are identical to an alcohol DUI. For conviction (assuming no prior history), 24 hours in jail, about $1,000 in fines, license suspension, drug / alcohol treatment, and five years of probation. Some courts impose other costs and obligations.... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: If the officer punched a hole in my license for DUI is it still valid?
Stan Glisson
Stan Glisson
answered on Nov 22, 2016

The hole punch doesn't make the license invalid. If you were arrested for DUI, there is likely a license suspension scheduled to being 60 days from the date of the arrest. But whether the license has a hole in it does not impact whether you are legal to drive. Most police departments abandoned... View More

1 Answer | Asked in DUI / DWI for Washington on
Q: Can dad be forced to get an interlock device for a DUI from 23 years ago, he just got a new DUI for drugs a week ago.

First DUI was alcohol related. He did his time and classes. now 23 years later he gets a DUI for drugs NOT alcohol.

Susan Fremit
Susan Fremit
answered on Feb 14, 2016

Driving under the influence generally includes both alcohol and drugs. Your dad should contact a local experienced dui attorney right away to determine whether a first conviction 23 years ago will have any impact on his current charge.

1 Answer | Asked in DUI / DWI for Washington on
Q: If your dui deferred prosecution is revoked, is it possible to get EHM or work release instead of incarceration?

I was very close to finishing treatment but got behind on meetings and quit going. I didn't show for my compliance hearing because I was afraid of losing everything I had worked hard for. I had 2 non compliances from failed UA for weed. I had a medical card but the treatment center I was going... View More

David Nelson Jolly
David Nelson Jolly
answered on Jul 21, 2015

Work Release is always a possibility in lieu of Jail - assuming you are employed, your jurisdiction permits it, and you have no prior violent criminal convictions. Talk to your attorney or consult with an experienced local DUI lawyer.

http://www.whatcomdui.net

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