Law Offices of Jason S. Newcombe
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Washington State DUI Attorneys
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Your WA State Drunk Driving Headquarters.
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We will fight to keep you out jail and keep you driving.
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Washington State DUI lawyers who care and understand.
If you have recently been arrested for DUI (Driving Under the Influence of Intoxicants/Drunk Driving) here in Washington State, you are probably in a bit of a state of shock. No one sets out to get pulled over, arrested, and have their entire life turned upside down.
If you are like most of our clients, you are feeling anxious and confused. You are wondering how your DUI arrest is going to impact your life, your family, your career, and your finances. You are also probably very concerned about your Washington State driving privileges. All of these feelings and concerns are very normal. We're here to help.
The attorneys and staff at the Law Offices of Jason S. Newcombe are a dedicated team of legal professionals that are dedicated to assisting you through this difficult period. Over the last 10 years, we have helped hundreds of good people just like you.
We know what you are going through, and we understand the anxiety and stress that accompanies an arrest for Drunk Driving here in Washington State. Our attorneys have over 20 years combined legal experience. We know the DUI laws of Washington State. We know the courts. We know the prosecutors. And we know the legal system.
Washington State's New Ignition Interlock Device License
What is an Ignition Interlock Driver's License (IIL)?
An Ignition Interlock Driver's License (IIL) allows you to drive vehicles equipped with an ignition interlock device while your regular license is suspended or revoked for an alcohol-related arrest or conviction for Driving Under the Influence of Intoxicants (DUI) or Physical Control.
The ignition interlock device acts as a type of "kill switch". The device will not allow the vehicle to be started if it detects alcohol on your breath. The device may also require additional “rolling retests” while the vehicle is being driven. If it detects alcohol during one of these rolling retests, it will shut the car down.
In either case, if the alcohol is detected, the installer will be notified, and they are required to report the violation.
Here is the new Washington State Ignition Interlock Device Driver's License Application.
To be eligible for an IIL, your driving record must show that:
- You have been arrested for, or convicted of, an alcohol-related DUI or Physical Control.
- You have had a valid driver license.
- You haven’t been convicted of vehicular assault or vehicular homicide within 7 years before the incident for which you are requesting an IIL.
- Your current suspension or revocation isn’t for, or doesn’t include, Minor in Possession, Reckless Driving reduced from an alcohol-related DUI, Vehicular Assault, Vehicular Homicide, or Habitual Traffic Offender.
Vehicles that require an interlock device
While driving with an IIL, you must maintain an interlock device on all vehicles you drive, including employer’s vehicles you drive during work hours. You cannot drive a commercial motor vehicle while you have an IIL.
If you drive vehicles owned by your employer during work hours, the vehicles must be equipped with an interlock device. However, this requirement may be waived if your employer signs an Employer Declaration for Ignition Interlock Waiver. You must send us a copy of the signed declaration before you drive your employer’s vehicles, and you must carry a copy of the declaration with you whenever you drive a work vehicle that isn’t equipped with an interlock device.
A Washington DUI Arrest Requires Preparing for Two Different Cases.
If you have been arrested for Drunk Driving here in Washington State, it is important to understand that you actually have to prepare for two different cases. It is also important to understand that your Washington DUI arrest demands immediate attention and immediate action. Your driving privileges are at stake. In addition to fighting your DUI criminal charges, which carry harsh mandatory penalties, you must also fight the Washington State Department of Licensing if you want to retain your driving privileges.
The Washington State Department of Licensing Hearing.
With most DUI arrests here in Washington, the first case that requires action is the one with the Washington State Department of Licensing (DOL). At the time of your arrest, you were offered an opportunity to submit to breath test once you were back at the police station. If you either took the test and the result was above .08 (.02 if you are a minor), or if you refused the test, the WA State Department of Licensing is planning on suspending your license. At the time that you were released, you should have been provided with a WA DOL Hearing Request Form.
If you read this form carefully, you will see that you have 20 days from the date of arrest to request your hearing. If you fail to request a hearing within 20 days, the WA State Department of Licensing will simply move forward with the suspension or revocation, and you will not have a chance to challenge its validity. It is therefore imperative that you file a timely request for a hearing.
The length of the proposed suspension or revocation depends on several factors. First, did you take a breath test or refuse one? Also, is this your first, your second, or your third offense within the last seven years? For example, if this is your first offense and you provided a breath sample that is alleged to have been .08 or higher, your license will be suspended for 90 days.
If this is your first offense and you refused to provide a breath sample, your license will be suspended for one year. If this is your second or third offense within the last seven years, the length of your suspension will be much higher. For example, if this is your second DUI and you provided a breath sample that is alleged to be .08 or higher, your are looking at a mandatory two year revocation.
The Criminal Portion of Your Washington DUI Arrest.
The criminal portion of your Washington DUI case typically begins when you receive a Notice to Appear for Arraignment in the mail. In some cases, you will ordered to appear for your arraignment by the DUI citation or other paperwork that you receive when you are released. If you are convicted of DUI here in Washington State, you face stiff mandatory minimum penalties, even if this is your first offense. Additionally, the mandatory minimum sentence that you are facing will depend on your alleged breath test result, whether refused to take a breath test, and whether or not this is your first, your second, or your third or greater offense within the last seven years.
At a minimum, however, if you are convicted of a WA DUI, you will be sentenced to the following:
Mandatory License Suspension
Mandatory Ignition Interlock for a Period of at least One Year
Mandatory Alcohol Evaluation and Treatment
Mandatory Attendance at a Victim Impact Panel
Mandatory Fines, Costs and Assessments
Call a Washington State DUI Attorney with the Resources and Experience to Help.
Good people just like you are arrested for DUI in Washington State every day. Over the years, we've helped hundreds of them take their lives back. A Washington drunk driving does charge does not have to ruin your life. But it is important that you take action quickly.
You must request a hearing from the Washington State Department of Licensing within 20 days of your arrest if you either took a breath test and the result was above .08 or if you refused a test. It is also imperative to challenge your WA DUI criminal case.
Some or all of the evidence in the officer's report may be completely wrong or subject to suppression. It is therefore imperative to speak with an experienced WA DUI and criminal defense lawyer before ever appearing in court.
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