WASHINGTON STATE DUI BLOG

How much do DUI attorneys typically want up front or in advance?

It varies somewhat. However, most DUI attorneys in the Seattle metro area will want at the minimum - half (1/2) or 50% of the DUI attorney fee down, up front or in advance. Obviously, it really depends on the attorney. My office offers flexible payment plans with as low as  $1000 - $1500 up front or in advance if you qualify. Most DUI attorneys in Washington State charge flat fees for DUI representation. The flat fee typically includes all Court appearances with or without Jury Trial and the Department of Licensing (DOL) administrative Hearing. Some DUI attorneys will also charge in stages - a certain flat fee up to a certain point. (i.e. DOL, Motions, without Trial, with Trial) The good news with flat fees is that you know exactly what your attorney will cost you and you can plan accordingly.

Do I have a driver's license once my Ignition Interlock License expires?

No. This is a common misconception. Once your Ignition Interlock License (IIL) expires you do not automatically have a regular driver's license. Obviously, your suspension or revocation has expired. (you are eligible for a license) If you drive your vehicle after the expiration date of IIL you could be cited for Driving Without a License in the Third Degree. (DLWS/3) This is still a criminal offense

What you will need to do to reinstate your license depends on the length of suspension or revocation. A person with a 90-day suspension only needs to pay reissue fees of approximately $170.00. If your license was revoked for one (1) year or more - you are also required to pass written and driving tests to reinstate your license.  Reinstate License Online (not everyone is eligible)

How long will the Court have jurisdiction if my deferred prosecution is revoked?

Typically, it will be 5 years from the date of revocation. Jurisdiction refers to how long the case will stay open and you will be subject to the Court's DUI conditions. If you violate those conditions - the Court may impose any jail time or fines that were suspended. Although, some judges may shorten this time depending on when or why the deferred prosecution is revoked. The parties (prosecutor and defense) may also agree to close the case at a certain time. Although, it is ultimately up to the Court.  As a result, it is possible to be subject to probation and the Court's conditions for almost 10 years, albeit longer than many felonies. 

What happens if I missed my Court date?

Generally, if you missed your DUI Court date in Washington State for whatever reason, the Judge will find a failure to appear (FTA) and - in most cases issue a Warrant. The FTA tolls (stops) jurisdiction or speedy trial on your case whichever is applicable. (speedy applies pre-trial) The Warrant amounts are typically from $500.00+ depending on the present charge, criminal history and previous FTA's. Search this blog for post on quashing (canceling) Warrants. 

Does my DUI lawyer appear with me at all my Court hearings?

Yes. If you have retained a DUI attorney they will be at your side at every Court Hearing throughout the Court process - no matter how long it takes. They are your advocate and seldom will you be required to say anything in Court. 

It is not unusual to have 4-10 hearings in a DUI case, not including trial. Obviously, this will depend on the difficulty of your case. The DUI attorney will also represent you in the Department of Licensing (DOL) Hearing. (caveat: public defenders will not represent you at the DOL Hearing because it is a civil administrative hearing - you only have a right to a lawyer in criminal proceedings.) 

Can I get a DUI taken off my record?

No. Unfortunately, in Washington State it will stay on your criminal record or history for life. Under current law, there is no legal process to vacate or expunge a DUI or Physical Control conviction. 

What's the difference between active probation and non-active (compliance)?

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. (typically $60-$80 monthly)

In Non-active probation or Sentence compliance you are not assigned a probation officer and do not have to contact probation. The Court Clerk essentially monitors the case. In most DUI cases or reductions where no treatment is ordered your case will almost always 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 - to ensure that they are placed on non-active probation. The fees are substantially less than active probation. (i.e. $250 yearly)

Where can I find an online case evaluation for my DUI?

Kotlowski Law Office provides free online case evaluations for Washington State DUI's. Just fill out information about your case and we will email you back within 24 hours. See link on this blog. 

How do I take care of my warrant for failing to appear in King County District Court?

You first have to get a Court date before the Judge to quash (cancel) your warrant. See link for each particular divisions instructions: Warrant Procedures King County District Court. It is also a good idea to have an attorney present.  

Why was I given an infraction citation - but not a DUI?

In King County, it is not unusual in State cases (Washington State Patrol DUI arrests) for the civil infraction (i.e. speeding, failure to signal) to be  issued immediately or soon after your DUI arrest. It is important to ask for a contested hearing within 15 days of notice of the infraction. I typically get the infraction joined with the the DUI once it is filed in 1-4 months. (infractions will often get dismissed when the DUI case is resolved - so requesting the contested hearing is a no-brainer)

Why was I not given a Court Date when I was arrested for DUI?

The State of Washington or Municipality have two (2) years to formally file charges on a DUI arrest in Washington State. The City of Seattle typically gives you a Court date for arraignment upon arrest, whereas the State Patrol will not. In King County, the timeline for the filing of DUI or Physical Control charges from State Patrol arrests is typically 1-4 months. In other words, it varies significantly by jurisdiction. 

Should I represent myself on my DUI?

Never. If you do not qualify for a public defender you should not represent yourself on your DUI. Even if you have a horrible case you need to have an experienced Washington State DUI attorney review your case and walk you through the DUI Court process. Sometimes, the worst case factually can turn out well. Even if it doesn't, you know you got the best result possible for your case. My office provides reasonable and flexible payment plans for DUI fees. (See previous post) 98% of the cases I do are DUI's. 

Are monthly payment plans available?

Yes. Kotlowski Law Office PLLC offers monthly payment plans for your DUI attorney fee. (minimum down payments vary from $750.00-$1500.00 - depending on whether charges are filed or not) Typical monthly payments range from $300.00 to $500.00) See FREE ONLINE CASE EVALUATION or simply call and/or text (206) 335-2422 to make an appointment.

Does the 4-month Ignition Interlock Device compliance requirement apply to my Reckless Driving conviction?

It depends. If it is a second or subsequent DUI related offense within 7 years and you are required to have the ignition interlock device (IID) for 6 months - it does apply. If it is a 30 day administrative requirement because of an ignition interlock license - it does not. 

Does the 4-month Ignition Interlock Device compliance requirement apply to my Deferred Prosecution?

No. The latest information from the Washington State Department of Licensing (DOL) is that this requirement does not apply to the deferred prosecution. As a result, you foreseeablely could sit out the ignition interlock period (1/5/10 years depending on history)