WASHINGTON STATE DUI BLOG

Can my Lawyer file a Waiver of Arraignment in my Washington State BUI case?

_{Yes. Most of the time. In Washington State, District and Municipal Courts require the Defendant's mandatory appearance at DUI or Physical Control Arraignment's.}

Fortunately,  Boating under the Influence (BUI) cases are not included. So if you have timely obtained counsel - your lawyer may file paperwork waiving that initial arraignment hearing and enter a plea of not guilty on your behalf. The Court Clerk will then set a pre-trial hearing as your next Court date. Typically 30-45 days from the original arraignment date. (Caveat: some local Court rules might still require your appearance - for example: Yakima County)

What Bars in Washington State have the highest DUI arrests?

See link for the Washington State Bars with the highest DUI arrests in the State.  Komo News Article

Can I get a Payment Plan on my DUI Attorney Fee?

Yes you can. In order to keep our DUI case rates affordable and reasonable for our clients we charge only flat fees for DUI cases. In other words, you know what you are paying beforehand and there are no surprises. We find that most clients prefer this arrangement to a more expensive hourly rate. This flat fee includes the Washington State Department of Licensing Hearing.

We also understand today’s uncertain economic climate and that sometimes it is difficult to pay the entire legal fee (or even 50%) in advance as most DUI attorneys require.

At Kotlowski Law Office, we can make payment arrangements on your Washington State DUI case and will do our best to work with each client’s unique situation. A credit/debit card (Visa, Mastercard), PayPal payment, or post-dated checks are accepted forms of payments. Just give us a call, text or email.  

Are my DUI breath test "maintenance" records online?

Yes, the Washington State Patrol (WSP) maintains a web page with all the pertinent records including maintenance on your specific breath test machine for your DUI arrest anywhere in Washington State. You need to know the number of your machine (BAC Datamaster) and date of your arrest. The number is typically  listed on the second line of your breath test ticket. See link: WSP Breath Test Records.  Alot of good legal issues can come out of reviewing these records. 

Should I request a Washington State Department of Licensing Hearing for my DUI arrest?

Yes, in my opinion you always request a Washington State Department of Licensing (DOL) Hearing - even if it looks like the hearing will be unsuccessful. It is worth the $200.00. It is important to remember that this is a "Civil" administrative hearing and the standard of proof is preponderance of the evidence. (alittle over 50%) 

However, in the worst case, you get a free deposition (interiew of the officer) under oath. If I think there are no good legal issues - I will always subpoena the officers. I then proceed to use the hearing to find out everything about my client's case while it is fresh in the officer's memory and pin down his/her testimony. I then have the hearing transcribed and can use it later in Court - if there are discrepancies with the officer's testimony. In alot of jurisdictions, charges have not even been filed by the time of the DOL Hearing. 

My Washington State license was punched; can I still drive?

Yes for now, your Washington State driver's license is still valid for 60 days from the date of your arrest. However, it is considered a temporary license and you are supposed to tear off and carry around the bottom portion of the form that is also the Department of Licensing (DOL) Hearing Request. Morever, most venues or establishments will not consider the punched license a valid ID. The Police Officer or Trooper should have given you a Washington State DOL Hearing Request. You could also have problems renting vehicles.

If you follow the instructions and timely request a DOL Hearing within 20 days (postmarked) - your temporary license is extended - until the Washington State Department of Licensing Hearing Officer issues a decision. (typically 2-4 weeks)

 

(Practically speaking, this is the case even though your temporary license is technically supposed to expire 150 days from the date of your arrest.)

No charges yet; should I hire a DUI attorney now or can I wait?

This is a question I get all the time in my law practice. In my opinion, it is always in your best interests to obtain DUI Counsel as soon as possible after being arrested for DUI or Physical Control in Seattle or Washington State. Your DUI attorney will be able to advise you on what steps you should begin taking to help prepare your case to obtain a good and favorable resolution.

Furthermore, the Washington State Department of Licensing clock begins ticking when you are arrested. (this is a compltely separate civil administrative proceeding) You need to have DUI counsel as soon as possible to schedule and handle the Department of Licensing hearing. You can be "way ahead of the game" so to speak if you obtain DUI counsel in a timely manner and not wait until charges are filed. 

 

What does an Ignition Interlock License look like in Washington State in 2011?

Alot of drivers in Washington State are now required to get mandatory Ignition Interlock Licenses (IIL) because they lost the DUI DOL Hearing and/or were convicted of DUI or Physical Control. See attached for a sample of what an IIL looks like in Washington State: Download IIL.sample. You will have to carry this piece of paper with you. Obviously, it cannot be used as a picture ID.  

 

Do I have a valid driver's license in Washington State?

In Washington State, you can always check on the status of your Washington State Driver's License in real-time - anywhere - anytime. You can also check on  your license status if you have another type of license such as an ignition interlock license or commercial driver's license etc. Obviously, if you don't have a valid driver's license do not drive. Remember, unpaid tickets among other things - can lead to a license suspension if ignored.  

See link: DOL License Status

Can I continue my DUI arraignment date in King County District Court?

Probably. You just got notice in the mail of your arraignment Court date and you are supposed to be on vacation or out of town for work. The three main DUI Courts (King County District Court - State Cases) Burien Courthouse, Redmond Courthouse and Seattle Courthouse - all have slightly different procedures for doing so.

Seattle allows you to continue your case by telephone once for 1 week. Redmond and Burien require a Motion to Continue in writing faxed to the Court for presentation to the Judge. However, they will usually allow a continuance once for good cause. Obviously, your DUI attorney can take care of all this for you.

Maximum penalty is reduced by 1 day for DUI's in Washington State

In Washington State, the maximum penalty for a DUI or Physical Control conviction (non-felony) is now 364 days in Jail and a $5000 fine. This change in the law from 365 days to 364 became effective July 22, 2011 and was changed to preclude deportation for non US citizens. Unfortunately, some of our judges would not care about the defendant's immigration status. As a result, the Washington State legislature to their credit decided to fix this injustice. (A sentence of 365 days or more can be very problematic for non US citizens.) 

Of course, there are many other serious ramifications (licensing, ignition interlock device, SR-22 insurance, exclusion from Canada  etc.) from a Washington State DUI or Physical Control conviction.  

How long do I have to request a Department of Licensing Hearing in the State of Washington?

You have 20 days from the date of your arrest for DUI or Physical Control in Washington State to request a Department of Licensing (DOL) hearing. If you do nothing your license will be suspended 60 days from the date of your arrest. You can request a hearing online Online DOL Hearing Request or by mail (my preferred method) and must include $200.00 unless you qualify for a waiver.

This is a civil administrative proceeding with the Department of Licensing and is irrespective of if - or - when criminal charges are filed. You should receive a letter from the Washington State Department of Licensing titled "Order of Suspension". The length of your suspension will depend on your prior DUI/Physical Control history. 

How long does the State of Washington have to file my DUI case?

You were arrested for DUI or Physical Control in Washington State, but no DUI charges were filed. Am I off the hook? No, very unlikely. This is a very common occurrence for State cases (State Patrol and Sheriff), especially in King County, Washington. 

The State of Washington has 2 years to file charges from the date of the incident on a DUI or Physical Control arrest. The typical timeline for filing lately (July, 2011) has been 3-4 months from the date of arrest, but this is not set in stone. Remember, though, you have only 20 days from the date of arrest to request a Department of Licensing (DOL) Hearing. The DOL hearing is a "completely separate" civil matter. Do not make the mistake of doing nothing!