YOUR COMMUNITY RESOURCE FOR DUI DEFENSE: WASHINGTON STATE DUI BLOG

When does your Washington State Suspension take effect after a DUI conviction?

This is an area of alot of confusion. Does it take effect when the Court Clerk punches your Washington State driver's license after a DUI or Physical Control conviction or at a later date certain when you receive the Washington State Department of Licensing (DOL) letter? Your Washington State driver's license is not suspended or revoked until the DOL notifies you in writing per RCW 46.20.245(1). In brief, whenever the DOL proposes to suspend or revoke the driving privilege of a person and this action is made mandatory by a DUI or Physical Control conviction or other law - the DOL  must give notice to the person in writing by posting in the US mail, appropriately addressed, postage prepaid or by personal service. Notice by mail is given upon deposit in the US mail. The notice must specify the date upon which your Washington State driving privilege is to be suspended which shall not be less than forty-five days after the original notice is given. 

DUI Checkpoints in the State of Washington?

 

No, since 1988 DUI and Sobriety Checkpoints have been illegal in the State of Washington! In Seattle v. Mesiani, 110 Wn.2d 454, 458, 755 P.2d 775 (1988)  the Washington State Supreme Court said "that stopping all vehicles at mandatory checkpoints to check whether drivers were intoxicated constituted an unreasonable intrusion into a person's private affairs". Interesting enough, alot has been going on in the Apple, Android and RIM markets concerning DUI checkpoint smart phone applications. Some applications have been pulled completely. See link and other stories under DUI News. http://www.engadget.com/2011/03/24/senator-harry-reid-calls-for-dui-checkpoint-app-removal-rims/

Can my Lawyer file a Waiver of Arraignment in my Washington State DUI or Physical Control Case?

_{Unfortunately no. In Washington State, District and Municipal Courts require the Defendant's mandatory appearance at DUI or Physical Control Arraignment's. So even if you obtain DUI Counsel in a timely fashion, they will not be able to file a Waiver of Arraignment on your DUI or Physical Control case.}

What are the likely or possible Conditions of Release at Arraignment for a Washington State DUI or Physical Control?

At the Arraignment the Judge will go over basic information about you (name/date of birth - want to make sure got right person) and your legal rights at arraignment (form that you will sign and submit to Court) Your attorney will (1) acknowledge receipt of the DUI complaint from the prosecutor, (2) waive any formal reading of the DUI charge by the prosecutor and (3) enter a not guilty plea to the Court on your behalf. The Court will then determine if there was probable cause (PC) for the stop/arrest, which can be challenged in a later Motions Hearing. (as a practice, most DUI attorneys will stipulate{agree} to PC for purposes of that hearing only) The Judge will then proceed to set conditions of your release pending the outcome of your case and this may include fairly standard DUI/Physical Control conditions such as:

• Not operating a motor vehicle without a valid license or insurance;
• No refusal of a breath/blood/drug test upon reasonable request of law enforcement officer;
• No new criminal law violations;
• No consumption alcohol, controlled substances or non-prescribed medications prior to driving.
• Appear for all scheduled court dates;
• Report any change of address to the court within so many days.

The conditions ultimately set depend on your prior driving/criminal history and the specific facts (i.e high breath test or accident) of your case. The concern is whether or not you are a threat to the community (i.e. will continue to drink and drive) or you are a flight risk (not likely to show up for court). The Court can also impose additional conditions such as: no alcohol consumption, require the IID (ignition interlock device) on any vehicles you may drive, impose EHM (electronic home monitoring - house arrest) or set Bail (i.e. $500.00 plus) to minimize and/or mitigate a defendant's threat to the community or to secure a defendant's appearance. (bail is unlikely unless there is significant prior DUI history - but again this depends on the Court and Judge) The defendant will also receive a pre-trial hearing date (the next court date), typically 30-45 days in advance. 

 

How many years of my Driving Record does my insurance company get to see?

In the State of Washington, your insurance company is allowed to see only the last three (3) years of your driving record. 

What's an HTO in Washington State?

"HTO" is an acronym for Habitual Traffic Offender. In Washington State, a driver can become "HTO" after so many criminal traffic offenses (i.e. Reckless Driving, DWLS/2, DUI etc.) or moving infractions in a 5 year period. Three (3) or more qualifying criminal traffic offenses or twenty (20) or more qualifying  infractions. See RCW 46.65.020 for offenses and exceptions. If a Washington State driver is found to be a HTO he/she will lose their driver's license for 7 years and will not be eligible for any of the restricted driver's licenses. 

If you receive a letter from DOL notifying you of impending HTO status - don't ignore it. You can request a hearing to contest said HTO classification and/or including requesting a Stay (stops revocation if meet certain conditions) of said HTO classification. My office assists Washington State driver's with HTO hearings. 

More problems in Philly with breath test machines!

All DUI cases for the past 15 months will be reviewed due to faulty breath test machines. The City has 8,000 - 10,000 DUI cases a year. See stories: http://seattletimes.nwsource.com/html/nationworld/2014593481_apusbungledbreathalyzer.htmlhttp://www.philly.com/philly/news/pennsylvania/118635454.html , http://philadelphia.cbslocal.com/2011/03/25/philadelphia-da-office-scrambles-to-rectify-dui-snafu/