THE DUISEATTLE.COM BLOG

Does a deferred prosecution help you keep your license with a refusal?

No. The only time it does not cure (or cancel) an administrative revocation or suspension is with a refusal of the breath/blood test. You will have to win the civil administrative hearing to avoid the license revocation. 

When does the ignition interlock requirement begin on a Deferred Prosecution?

The ignition interlock device requirement begins on a deferred prosecution when the deferred prosecution is entered and accepted by the Court. So it technically begins on your last Court date. 

Can I still drive an employer vehicle - if I am required to have the Ignition Interlock device?

Yes. There is an employer exemption. Although, you must wait 30 days (365 if 2nd or subsequent violation) after having the ignition interlock device installed on your own personal vehicle before you can exercise the employer exemption. The ignition interlock device (IID) "is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours." (RCW 46.20.720) This also applies to the ignition interlock license (IIL). (See form Employer Declaration)

If I request a DOL Hearing - is my license still valid after 60 days?

Yes. If you requested a DOL (Department of Licensing) Hearing - your license is still valid until a ruling is issued by the Hearing Officer. You should have received notice from the DOL that your license would be suspended 60 days after your arrest. The length of suspension or revocation obviously depends on your prior history. However, if you timely request a DOL Hearing to appeal the pending suspension or revocation - then this 60-day period does not apply to you. 

When do I get my bail back in my DUI case?

If you posted cash or somebody else posted bail for you (i.e. friend or family menber) you or that person will get the bail back after Sentencing or the final Court Hearing, if the matter is dismissed. It usually is sent by regular mail and takes a few weeks. Obviously, if you used a bail bondsmen you do not get their 10% fee back. 

Can I get an Ignition Interlock Device without a camera?

No. Camera's are now mandatory on Ignition Interlock Devices (IID) - if reasonably available in your area. WAC 204-50-110. Which likely would include most of the State of Washington. One unexpected benefit of this new requirement - is that you can now share a vehicle with a IID with another person. 

Why was a court hearing set in my DUI case?

You thought you were all done with your DUI case! Then you receive a Court date in the mail. What does it mean?

Generally, it means you did not complete something (community service hours, alcohol/drug treatment, DUI Victims Panel, work crew, jail) or did something "new" that you were not supposed to do. (i.e. new conviction/arrest, driving without license & insurance)

You may have "violated" the conditions of your DUI or Reckless/Negligent Driving probation. The sentencing Court would have set conditions of your probation such as the following at Sentencing: Complete an alcohol/drug evaluation and follow recommendation, pay all Court fines and costs, report to probation, not drive a motor vehicle without a valid driver’s license and proof of insurance, no driving with breath or blood alcohol concentration of .08 or greater, no refusal of alcohol test of breath or blood upon reasonable request of a law enforcement, no new criminal violations of law, no alcohol or drug related infractions, ignition interlock device requirements per Washington DOL. 

The most common DUI probation violations: new criminal law violations, failure to do treatment, failure to do victims panel, failure to report to probation, driving without a valid license & insurance and positive UA's, among many others. Check the Court's paperwork (Judgment & Sentence) you received at your final Sentencing Court Hearing to see whether you complied with/completed everything. 

Does negligent driving 1st degree have a license suspension?

No. Negligent Driving 1st Degree does not have a license suspension. Although, if it is reduction from DUI you may still have a license suspension on the administrative side. 

Can I get a monthly payment plan for my DUI Attorney Fee?

Yes. We offer flexible monthly payment plans for your DUI Attorney Fee. (minimum down payments vary from $1000.00-$1500.00) Typical monthly payments range from $300.00 to $500.00. See Online Case Evaluation or simply call and/or text 24 hours a day to (206) 335-2422 to make an appointment with our office.

Can I get a DUI off my record?

No. In Washington State you cannot get a DUI off your record.  Unfortunately, it is permanent. You may be able to get reductions (plea bargains) such as Reckless or Negligent Driving off your record if you meet certain strict conditions. See this blog for more details. 

Does a mental health deferred prosecution require the ignition interlock device?

Yes. Even though you are not an alcoholic or maybe not even abusive with alcohol - you will still be required to have an ignition interlock device by the Washington State Department of Licensing.