THE DUISEATTLE.COM BLOG

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!

 

 

Can I Expunge or Vacate a Washington State DUI Conviction?

Unfortunately no. Washington State law does not allow you to expunge or vacate a DUI conviction. It is on your record for life. That is why it is very important to obtain an experienced Washington State or Seattle DUI attorney. Reductions to Reckless and Negligent Driving can be taken off your record. 

I blew less than a .08 on the Breath Test; why am I still being charged with a DUI?

In Washington State you do not need a breath test over .08 to be charged with a DUI or Physical Control. Those .08 road signs you see throughout Washington can really be deceptive or a half-truth. There is essentially two ways to be DUI in Washington State: Your driving is either “affected by" Alcohol; Drugs; or a Combination of Alcohol & Drugs and/or  Within 2 hours of driving your Breath Test (BAC) is greater than (.>) .08. I have had many DUI or Physical Control cases under the legal limit. The State or City Prosecutor simply proceeds under the "affected by" prong. In reality, we are a zero tolerance State. 

Can I file an Affidavit of Prejudice in my Washington State DUI case?

Yes. However, it should not be used in every case. An affidavit of prejudice is a Washington State legal procedure that permits you to remove the judge. It is the one (1) opportunity you get per case to change the judge who hears your case. In other words, you can get rid of the judge if you do not believe he/she can be fair or impartial in deciding your case. A party (prosecutor or defendant) files an affidavit with the Court alleging that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge or for other grounds provided by law. Typically, an affidavit of prejudice must be filed within ten (10) days of arraignment or when the judge is assigned to your case. The judge must not have made any discretionary rulings in your case. That is why it is extremely important to have an experienced Washington State DUI Attorney. Obviously, only attorneys who regularly appear in the DUI courts can know the judges and when you should exercise the affidavit, if at all.