Hiring the Right Issaquah DUI Lawyer
An arrest for drunk driving can happen to anyone. Many of our clients are first time offenders and have never been through a criminal court system before. It is important to understand that having alcohol in one’s system but conviction does not always follow an arrest. An Issaquah DUI lawyer can prove to be valuable for your drunk driving case.
On this site we will answer the basic questions. However, it is important that you meet with an Issaquah DUI lawyer to discuss the details of your specific drunk driving charge.
To speak to an attorney about your DUI arrest in Issaquah, call our office at (206) 771-4343
For now, we will answer the following questions clients frequently ask Issaquah DUI lawyer:
- What happens after a DUI arrest in Issaquah?
- What penalties will I face if I am convicted?
- Will my license get suspended?
- How long will it take for my DUI case to get resolved?
WHAT HAPPENS AFTER A DUI ARREST IN ISSAQUAH?
After the arrest, the arresting officer will submit his or her report to the prosecuting attorney’s office. The attorney will review the officer’s report and the supporting evidence, and will decide whether to file charges against you.
In Issaquah this process usually takes between 2 to 6 weeks after the arrest. However, the statute of limitations for DUIs in Washington State is 2 years. This means that the prosecutor has up to two years to file charges against you. However, the farther you get away from the arrest day the lower the chances of the charges being filed.
During this time, it would be wise to contact an Issaquah DUI attorney. Even though the criminal charges have not yet been filed, you only have 7 days to request a hearing to contest your license suspension.
Call our office today for a free consultation with an Issaquah DUI lawyer at (206) 771-4343
WHAT PENALTIES WILL I FACE IF I AM CONVICTED FOR DRUNK DRIVING?
The penalties for a DUI conviction in Washington State are harsh. Penalties depend on the number of prior DUIs and the driver’s BAC level.
For example, the following are the penalties for the first DUI conviction with a BAC below 0.15:
- Minimum 1-day jail sentence; maximum 364-day jail sentence.
- Minimum $940.50 fine; maximum $5,000 fine. Plus additional court costs.
- 90-day license suspension
- 5-year probation period
- Evaluation for drug and alcohol abuse and compliance with recommended treatment
- Ignition Interlock Device
- SR22 insurance
The penalties increase if your BAC is at or above 0.15 and if you have prior DUIs within the last 7 years.
Speak to an experienced Issaquah DUI attorney to help you possibly avoid a conviction and harsh penalties
WHAT ABOUT A LICENSE SUSPENSION?
The clock on your drunk driving charge starts ticking right after your arrest. You have 7 days from the time of your arrest to request a DOL hearing to contest the license suspension.
You must mail the request form, along with $375, to the DOL within 7 days of your arrest. The Department of Licensing will then schedule a telephone hearing to determine whether or not to uphold your license suspension.
During the hearing, the officer will consider the following issues:
- Was the arrest lawful?
- Did the officer have reasonable grounds to believe that the person was driving or in physical control while under the influence of liquor or any drug?
- Was the driver properly advised of his or her rights and warnings?
- Did the driver’s breath test indicate a BAC of .08 or more?
For a free consultation with a DUI lawyer in Issaquah, contact us at (206) 771-4343
HOW LONG WILL MY DUI CASE TAKE?
This question is very hard to answer. The answer is: it depends. There are many variables that can affect this answer. Some cases can take more than a year to resolve.
Your first court hearing will be your arraignment. At the arraignment the judge or the prosecutor will read the charges against you and go over the maximum penalties. The judge will also go over your rights such as your right to an attorney of your own choosing, to have witnesses testify for you, hear and question witnesses who testify against you, etc.
After the arraignment, the court will schedule another hearing, called a pretrial hearing. During the pretrial process, your lawyer will gather evidence the prosecutor has against you, attempt to negotiate a plea bargain, and prepare for trial.
Depending on the complexity of your drunk driving case, this case take a substantial amount of time. Some cases can last up to a year or more.
WHAT ARE THE CHANCES OF BEATING MY DUI CHARGE?
Every case is unique and it is impossible to quantifying the success rate of one’s DUI. However, with the help of a criminal defense attorney, there are a number of issues that can be raised to try to fight drunk driving charges.
Some of the potential issues are:
- Illegal Stop or Illegal Search: Law enforcement must have reason to stop or search individuals. Evidence or information cannot be used against a person if it was collected in violation of the Constitution. In other words, if the officer was not justified in stopping you or did not have a reason to ask you to submit to a drug or alcohol test, the test results cannot be used against you.
- Improperly Administered Breath or Blood Test: If the breath test machine was not calibrated properly or if there are other issues with the machine, the test results may be suppressed. In addition, if the officer was not trained or certified to administer the test, the test results may be suppressed.
- Weakness of Field Sobriety Tests: These tests should be called Field Agility Tests rather than Field Sobriety Tests. They do not really test a person’s sobriety. These days are notoriously difficult for people to pass on a good day. Now add to the fact that the person is performing them under stress, probably at night, and probably on the side of the road as cars are zooming by.
Fighting a drunk driving charge is no easy task. Statistics show that in 2014, only about 20% of the DOL hearings resulted in favor of the driver. It takes knowledge, experience, and a bit of creativity on the part of the DUI lawyer.
For information about your drunk driving charge in Issaquah, contact our office at (206) 771-4343 for a free initial consultation with an Issaquah DUI lawyer
For more information on DUIs, please visit our home page.