The DUI Defense: Two Legal Proceedings at Once

After a DUI arrest, you will face not one but actually two separate legal proceedings. First, there is a civil administrative action which can result only in a suspension or revocation of your driver’s license; and secondly, there is a criminal prosecution case which could result in a criminal conviction followed by confinement, probation, mandatory treatment, fines and other ramifications.

The civil administrative action is conducted by the Washington Department of Licensing (DOL) and it usually consists of a brief telephonic hearing. The DOL action is not conducted by a judge, rather a DOL Hearing Officer serves as both the prosecutor and judge in deciding whether or not to suspend or revoke your license. The formal rules of evidence do not apply in such hearings and you never actually get to see the person who will decide your case. Also, the DOL hearing happens entirely outside of court, although if you do not win the DOL hearing, you can appeal the Hearing Officer's ruling to the Superior Court for review by an actual judge.

The criminal case, however, is separate from and much more sophisticated than the DOL matter, and it occurs in court before a neutral District Court or Municipal Court judge or court commissioner. The criminal case is presented to the court by the county or municipal prosecuting attorney's office in the location where the alleged incident occurred. The formal rules of evidence and criminal procedure do apply, and all DUI defendants have a right to have their case decided by a six person jury.

The Lustick Law Firm works very hard to obtain the best possible outcome for our clients in both parts of the DUI case. We diligently and thoroughly examine prepare for the DOL hearing and work toward building solid defenses in the court case as well. We examine your entire case from the moment you were initially stopped by the police to the moment when the breath ticket is printed by the Breathalyzer machine, and every even that fell between.

As former criminal prosecutors who have prosecuted numerous DUI cases over the years, we are keenly aware of the possible winning strategies attendant in these cases. Some of the key things we look into include the basis for the traffic stop; the field sobriety test; the preliminary (hand held) breath test; the Miranda and Constitutional Rights advisories given by the arresting officer; and all other aspects of your case. This not only includes reading the police reports, but can sometimes include interviewing the police officer who arrested you and reviewing the maintenance and up-keep records of the Breathalyzer machine that you used after you were arrested.

Specifically we strive to discover legal issues which may become the basis for pre-trial motions to suppress or exclude evidence or possibly a motion to dismiss your whole case. Most of the time legal issues which are found in the court part of your case can also be useful in the DOL part of your case too.

Washington State's Strict DUI Penalties

Even as a first offender, a DUI conviction in Washington State usually results in a minimum of 24 hours jail time (up to a maximum of one year), a fine of at least $900 (maximum $5,000), and loss of drivers license for at least 90 days. Of course, for anyone with prior DUI convictions or with convictions for lesser charges that originally began as a DUI charge, the penalties for subsequent DUI convictions are dramatically higher.

State law also requires that anyone convicted of DUI install an ignition interlock device in their vehicle for one year or more. After you qualify for a driver's license reinstatement, your insurance rates will likely increase significantly and you will be required to have SR-22 insurance for three years.

Also, if you do not prevail in your DOL case, you will receive a suspension or revocation of your drivers license of the following duration:
* If your BAC is .08 or greater (.02 if you are a minor) 90 days
* If you refused to take a breath or blood test One year
* If this is your second or subsequent DUI or refusal Two years

Currently there is an alternative available to the DOL administrative suspension under which you entirely forgo the telephonic hearing process described above. To do so, you must apply for an Ignition Interlock Device License (IIDL) and obtain SR-22 insurance. Our firm's attorneys and staff stand ready to assist our clients in either pursing a DOL hearing to contest the suspension/revocation action or to apply for and receive the IIDL.

Don't delay... Call Us Immediately After Your Arrest

Call the Lustick Law Firm today for a free consultation about your DUI case. Our free one-hour consultation with our former prosecutors and experienced DUI defense counsel is very comprehensive, helpful, and informative and help you to better understand the DUI defense process. In Bellingham, call (360) 685-4221 and in Mount Vernon, call (360) 873-8882 to schedule your free consultation today.

Did you know these facts about DUIs in Washington State?

(1) The legal limit in Washington State as measured by chemical breath or blood testing is 0.02 for drivers under age 21; 0.04 for drivers operating a commercial vehicle; and 0.08 for all non-commercial drivers over age 21. At the level of 0.151, there are enhanced penalties which will apply if the driver is convicted of a DUI.

(2) No driver is required to perform a field sobriety test. Alcohol field tests are strictly voluntary and drivers can decline to take these tests whenever they want.

(3) The hand-held preliminary breath test is strictly voluntary and no loss of license will result from refusing to take a roadside, hand-held breath test.

(4) On a DUI arrest, after you are taken to the station to take a chemical breath or blood test, you have the right to speak to an attorney in person or on the phone. Once placed in touch with legal counsel, the attorney can answer your questions and give legal advice as to whether or not your should take the breath test.

(5) If you ask for a lawyer before the breath test, an officer cannot question you. Questioning a DUI suspect before taking the breath test is routine for the police, but by answering their questions you may be hurting your case.

(6) Washington State law requires that anyone arrested for a DUI appear in court the following court day. This means if you get arrested Wednesday night, you'll be required to appear in court on Thursday. It is highly advisable that you never go to court without having a lawyer with you.

Call us today to arrange for a consultation regarding your DUI case.
Bellingham: (360) 685-4221
Mount Vernon: (360) 873-8882