DUI DEFENSE
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What We Do
We Listen
We Fight For Your Rights
We Care
Washington DUI Stop, Arrest, and Penalties
What should I do after a DUI Arrest?
A DUI arrest is a very stressful event, and it can cause much anxiety. It can happen to anyone. You may be thinking what is going to happen to my license? Will I have to serve (more) jail time? Am I going to lose my job? It may feel like the end of the world, IT IS NOT! But, it is absolutely time to level the playing field with an experienced DUI attorney on your side.
In this situation, the best thing to do is hire an experienced attorney immediately! The faster you have an attorney on board, the more you will understand about the process and your rights. You will know what to expect. For Example: You only have 7 days to contest the automatic Department of Licensing Driver’s License suspension. Time is of the essence.
A great DUI defense requires knowledge of case law in order to contest the stop, and knowledge of state and administrative law to contest the blood or breath test. This area of law is highly technical and requires an attorney experienced in DUI. We have the level of experience you need.
Contact the Law Office of Chloe Alyn today to see how we can help you with your DUI case. Your consultation is always free.
Stopped for DUI, now what?
Helpful tips, if you’ve just been stopped for a DUI.
- If you have been drinking at all, do not provide any information about alcohol consumption.
- YOU CANNOT TALK YOUR WAY OUT OF A DUI, Please don’t try.
- Do not answer any questions.
- If you smell of alcohol, you are likely to be arrested…REGARDLESS of what you are told.
- Do tell the officer of any medical or physical conditions that may be affecting you.
- Request to speak to an attorney Immediately.
- There are increased penalties for refusal to take the breath test, but sometimes it may be in your best interest–again, demand to speak with an attorney.
- A warrant is required to obtain a blood test from you, and to search locked areas of your vehicle (glove box). Do not provide consent to search.
Call Us Today:
(206) 617-8220
What Prosecutors Must Prove for a DUI
RCW 46.61.502 Driving under the influence.
DUI can be proven 3 ways:
Motions to Suppress Evidence:
There often exists a basis to exclude some type of evidence in your case. This can work in your favor towards negotiating a favorable resolution, or giving you a better change at a not guilty verdict should you choose to go to trial. Often times, an attorney can move to suppress the stop, the Field Tests, Statements, or the Blood / Breath Test.
Potential Defenses:
- You weren’t the driver,
- You consumed alcohol/marijuana after actual driving, but before the breath or blood test.
- The vehicle was driven safely off of the road way before being stopped by police.
- The vehicle was operated out of duress.
- The Breath Test or Blood Test is scientifically inaccurate.
The goal for every DUI case is dismissal or negotiation to a lesser offense such as Reckless Driving or Negligent driving.
RCW 46.6.500 Reckless driving—Penalty.
A Reckless Driving charge is a gross misdemeanor, it can be punished maximum 364 days in jail, $5,000 in fines and up to 24 months probation. In exchange for the reduced charge, there are usually additional DUI related sanctions as listed below in DUI Penalties.
RCW 46.61.5249 Negligent driving—First degree.
A Negligent Driving charge is a simple misdemeanor, it can be punished maximum 90 days jail, $1,000 in fines and up to 24 months probation.
DUI Penalties
The exact penalty depends on whether this is the 1, 2, 3, or more conviction for DUI. Whether a case is sentenced as a 1st, 2nd, 3rd or felony is determined by whether it was committed within 7 years or 10 years of the last conviction–essentially, it depends on the recency of the conviction(s). The penalty is also affected by how high the alcohol or drug content was in a persons breath or blood established by the Breathalyzer or Blood analysis. In general a person will be looking at jail time, probation, fines, alcohol evaluation and potential treatment (if recommended), Alcohol Drug Information School Class, Victim Impact Penalty Class, license suspension, and an interlock ignition device installed on a vehicle.
BAC Less than .15/ No Test
Mandatory Sentence Conditions
No Prior Offense
- 24 hours Jail
- Fine
- 90 Day License Revocation
- Alcohol Evaluation/ VIP
- Probation
1 Prior Offense
- 30 days Jail
- 60 Days Electronic Home Monitoring
- Fine
- 2 Year License Revocation
- Alcohol Evaluation/VIP
- Probation
2 Prior Offenses
- 90 days Jail
- 120 Days Electronic Home Monitoring
- Fine
- 3 Year License Revocation
- Alcohol Evaluation/VIP
- Probation
3 Prior Offenses within 10 years
- Felony
BAC More than .15 / Test Refusal
Mandatory Sentence Conditions
No Prior Offense
- 48 hours Jail
- Fine
- 1 year License Revocation; 2 years if Refusal
- Alcohol Evaluation/ VIP
- Probation
One Prior Offense
- 45 days Jail
- 90 days Electronic Home Monitoring
- Fine
- 900 days License Revocation; 3 years if Refusal
- Alcohol Evaluation/ VIP
- Probation
2 Prior Offenses
- 120 days Jail
- 150 days Electronic Home Monitoring
- Fine
- 4 year License Revocation
- Alcohol Evaluation/ VIP
- Probation
3 Prior Offenses within 10 years
- Felony
Contact Us
3326 160th Avenue SE Ste. 215 Bellevue, Washington 98008
206-617-8220
chloe@alynlaw.com
PAYMENT PLANS
Representation for criminal charges is based on a flat rate fee. We understand that criminal charges aren’t usually planned. Our office can work with you by accepting payment plans. We accept Visa, Mastercard, American express, Money Orders and Cash.