WASHINGTON STATE DUI BLOG

Does Negligent Driving 1st Degree have a license suspension?

No. If you are able to obtain a reduction from DUI to Negligent Driving 1st Degree you will not have a driver's license suspension in the State of Washington. However, you can still have a suspension on the civil administrative side. If your breath test readings are .08 or higher  you will also have to be successful at the DOL Hearing to avoid a license suspension. 

What are the DUI penalties in Washington State?

See link for DUI penalties in Washington State. Washington DUI Penalties. 

Are there "sliding scale" alcohol/drug treatment providers?

Yes. There are several agencies that provide alcohol/drug treatment services on a sliding scale basis. (some as little as a few dollars per session) I recommend you call around to find one suitable for your specific needs.

See links below to a few agencies that offer sliding scale. Alcohol/Drug Treatment Agency Alcohol/Drug Treatment Agency

What bail bondsmen do you use or recomend for my DUI case?

I have had good success with Lacy OMalley Bail Bonds. They have been very attentive to my clients needs and seem to get everything processed fairly quickly.

See link: Lacey O'Malley

What's the typical fee for bail bondsmen in Washington State for a DUI?

If you are on your second or subsequent DUI arrest, it is very likely a Washington Court will set bail. Seattle Municipal Court almost always sets bail on a second or subsequent DUI arrest. Therefore, finding a bail bondsmen is going to be necessary. Most Washington bail bondsmen charge 10% of the bail amount. For example, if your DUI bail is $5000.00 your fee will be $500.00. This fee is non-refundable and all agencies accept credit cards.

I usually try to arrange everything beforehand so that my clients do not have to be booked or see the inside of a jail cell.  A bail bondsman is essentially acting as a surety pledging moneys and/or property as bail to guarantee your appearance in court.

What's my BAC level?

See link: BAC level.

Remember, this is just an estimate only and your actual breath test reading could vary substantially. Other factors may also affect the actual breath test reading. 

What letter will I receive from DOL after I enter a Deferred Prosecution?

You will receive a notice of probation letter. It will instruct you to go get a 5-year probationary license from your nearest driver's license office. You will have to have the ignition interlock installed to receive this license. The license will look like any other license but will have the ignition interlock restriction on it. SR-22 insurance is not required. Remember, if your case was a refusal and you lost or didn't request a DOL Hearing, the deferred prosecution will not fix or cure the suspension. (An ignition interlock license will be required for at least a year depending on your prior history.)

See sample letter from DOL. DP Notice of Probation Letter

Ignition Interlock Device "Certification" requirement can cause problems for drivers getting interlock removed!

Effective January 1, 2011 a 4-month certification is required from the ignition interlock device installer/vendor showing compliance with RCW 46.20.720 for the interlock to be removed.  

The interlock restriction will remain in effect until the DOL receives a declaration from the person's ignition interlock installer/vendor certifying that there have been none of the following incidents in the four consecutive months prior to the date scheduled for removing the interlock:

     (a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;

      (b) Failure to take or pass any required retest; or

     (c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

Can I get a Deferred Sentence on my DUI charge if I plead guilty?

No. In Washington State you cannot get a deferred sentence on a DUI conviction. The Statute clearly states that this is not an option. However, some Judges may occasionally still do it, but it is very rare. A deferred sentence allows the case to be dismissed after the conditions of your sentence are completed. 

Can I look-up whether someone has been booked into the King County Jail?

Yes. You can look-up online whether someone has been booked into the King County Jail downtown and at the Regional Justice Center (RJC) in Kent, Washington.

See link: Jail Register King County Jail

Can I be charged with a DUI on Prescription Drugs?

Yes. Very much so. It is very advisable to read your pill bottle and ask your pharmist or doctor about driving on your prescription medications. Everyday, I am seeing more of these cases coming into my office. Over the years, I have represented clients on a wide range of prescriptions from pain killers like OxyContin or Vicodin to anti-depressants like Zoloft.  It is always best to error on the side of caution before driving on your medications. In other words know your medications and how they affect you!

 

 

Will my out-of-state DUI count as a prior in Washington?

Yes. If the State or City Prosecutor finds your out-of-state criminal or driving history it will be included in determining the mandatory minimums for your Washington State DUI or Physical control case. Obviously, it needs to meet the Washington State requirement of the previous DUI arrest occurring within 7 years of your current or present DUI arrest. 

Is the Ignition Interlock Device required on a Negligent or Reckless Driving conviction?

It depends. The ignition interlock device is now required for 6 months on a second or subsequent Reckless or Negligent Driving conviction within 7 years. (That means you had a prior DUI/Physical Control or reduction within 7 years.)

I guess the Washington State legislature was concerned about people who manage to get multiple DUI reductions and thus avoid the mandatory ignition interlock requirement. Previously, an ignition interlock had only been required on all DUI convictions and Deferred Prosecutions. 

What's the difference between active and non-active DUI probation?

Active probation is where you are ordered to report to probation. You will have to meet with a probation officer of the Court on a regular basis. (typically monthly - the frequency of meetings really depend on the Court and whether you are in compliance) Probation is the Court's monitor to ensure that you timely comply with conditions of your sentence. Active probation tends to be quite costly.

In Non-active or Sentence Compliance as some Courts call it - you are not assigned a probation officer and do not have to contact probation. The Court essentially monitors the case. In most DUI cases or reductions where no treatment is ordered your case will most likely be placed on non-active or sentence compliance. I always have the client complete the alcohol/drug evaluation, DUI victims panel and complete any recommended alcohol/drug treatment by the Sentencing date, if possible, to ensure that they are placed on non-active probation. 

How often can I do a Deferred Prosecution on a DUI charge?

In Washington State you can only do a deferred prosecution one (1) time in your lifetime on a DUI or Physical Control Charge. This applies even if you previously entered a deferred prosecution when more than one was allowed.