Representing persons
in King, Pierce and Snohomish Counties

Phone: 800-547-8639

Arrested for a DUI/DWI or Physical Control in Washington State

When you have been arrested for DUI or Physical Control in the Seattle/Tacoma area (King,
Pierce or Snohomish County) or elsewhere in the state of Washington you may face harsh penalties including jail, stiff fines, ignition interlock requirement, and driver's license suspension. You need the assistance of an experienced and aggressive criminal defense attorney. The law office of Stewart Beall MacNichols & Harmell, Inc., P.S., provides the knowledge and experience that is necessary to ensure that your rights are protected and that you are treated fairly. Our attorneys have over thirty years of combined experience aggressively representing over a thousand persons charged with Driving Under the Influence and Physical Control at all stages of both the criminal and Department of Licensing Administrative proceedings.

We Will Fight For You
Free Consultation - Call 1-800-547-8639

To discuss your case you can contact one of our attorneys for a free consultation 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639. If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible. You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.

What is a DUI/DWI?

Under Washington law a person can be charged and convicted of Driving Under the Influence (DWI or DUI) if he or she drives a motor vehicle on a public roadway and

  1. has a breath/blood alcohol content of .08 or above; OR
  2. is under the influence of alcohol; OR
  3. is under the influence of drugs (including prescription drugs); OR
  4. is under the combined influence of alcohol and drugs.

Likewise, a person commits the crime of Being in Physical Control While Under the Influence (Physical Control) where he or she is in physical control of a motor vehicle and

  1. has a breath/blood alcohol content of .08 or above; OR
  2. is under the influence of alcohol; OR
  3. is under the influence of drugs (including prescription drugs); OR
  4. is under the combined influence of alcohol and drugs.

It is a defense to a charge of physical control if, prior to being pursued by a police officer, the defendant has pulled his or her car safely off the roadway.

DUI/Physical Control Criminal Penalties

A person convicted of a DUI or Physical Control in the state of Washington is looking at a wide array of potential penalties including mandatory minimum penalties which must be imposed by the court. These minimum penalties depend upon the persons prior history of DUI related convictions, whether the person submitted to or refused the breath test, and the level of the breath test. The following list of penalties is not necessarily complete and should be used as a guideline of some of the potential penalties. For complete information regarding DUI/Physical Control penalties, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.

First Offense within seven (7) years:

  1. Maximum: 365 days in jail and $5000 fine.
  2. Minimum:
    1. Breath or Blood Alcohol Content (BAC)below .15 or no test: 1 day in jail or 15 days home detention, and $350 fine ($823 after costs and assessments).
    2. BAC at or above .15; or Refusal: 2 days in jail or 30 days home detention, and $500 fine ($1,078 after costs and assessments).

Second Offense within seven (7) years:

  1. Maximum: 365 days in jail and $5000 fine.
  2. Minimum:
    1. Breath or Blood Alcohol Content (BAC) below .15 or no test: 30 day in jail AND 60 days home detention, and $500 fine ($1,078 after costs and assessments).
    2. BAC at or above .15; or Refusal: 45 days in jail AND 120 days home detention, and $750 fine ($1,503 after costs and assessments).

Other Penalties/Conditions (a judge can impose penalties/conditions in addition to these):

  1. Alcohol/drug evaluation and recommended treatment;
  2. Attend a DUI Victim's Panel;
  3. Probation, including probation fees;
  4. Commit no further law violations during the period of probation;
  5. Driver's license suspension;
  6. Ignition Interlock device (now mandatory for all DUI convictions).

License Suspension Following Conviction:

First Offense within seven (7) years:

  1. BAC below .15, or no test: 90 day license suspension.
  2. BAC at or above .15: One year license suspension.
  3. Refusal: One year license revocation

Second Offense (within seven (7) years):

  1. BAC below .15: Two year license suspension
  2. BAC at or above .15: 900 day license suspension.
  3. Refusal: Two year license revocation

Occupational and Temporary Restricted Licenses:

Where your license has been suspended as a result of a DWI/DUI conviction you may be eligible to apply for an occupational or temporary restricted license that allows you to drive for limited purposes, including the following:

  1. work that makes it essential for the person to operate a motor vehicle.
  2. health care or providing continued care to a dependent person.
  3. school, where pursuing a diploma, degree or other certificate.
  4. substance abuse treatment or sober support groups (AA).
  5. court ordered community service.

The occupational and temporary restricted licenses are not available during the first thirty (30) days of any suspension (90 day waiting period for refusals) . Thereafter, the license is valid for the duration of the suspension. However, the Department of Licensing will restrict the use of the license during this period, including the days and hours for travel. The cost of the licenses is $100.00 and an ignition interlock and financial responsibility are required.

Occupational and Temporary restricted Licenses are not available to persons who have been convicted of either Vehicular Assault or Vehicular Homicide in the preceding seven (7) years. Furthermore, they are not available if it is determined that there is sufficient transit service available.

A violation of the Occupation and/or Temporary Restricted License condition is subject to a penalty of $50.00 to $200.00 fine, and six (6) months in jail.

DUI/Physical Control Administrative License Suspension

When a person is cited or stopped for DUI or Physical Control, the police officer should give them a form that allows them to request a hearing regarding the revocation of their privilege to drive. The individual must request the hearing to have any possibility of keeping his or her license. If a hearing is not requested, the Department of Licensing (DOL) will automatically take action against their license. For complete information regarding DUI/Physical Control Administrative License Suspension, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.

The request for the hearing must be made in writing within 30 days from the time of the incident and requires the payment of a $100 fee. This $100.00 fee may be waived if the person requesting the hearing is determined to be indigent.

Keep in mind that the DOL and the court act independently of each other with regard to license suspensions. Thus, you may lose your license at the DOL hearing even though you are found not guilty at trial. In that case, your victory at trial will not negate the license suspension imposed at the DOL hearing.

The DOL can take the following administrative actions in suspending your license. This may occur even before you go to court:

First DOL Suspension within seven (7) years:

  1. Breath or Blood Alcohol at or above .08: 90 day license suspension (this action can be stayed by the entry of a deferred prosection)
  2. Refusal: One year license suspension (cannot be stayed by the entry of a deferred prosecution).

Second DOL Suspension within seven (7) years:

  1. Breath or Blood Alcohol content at or above .08: Two year license suspension (this action can be stayed by the entry of a deferred prosecution)
  2. Refusal: Two year license suspension (cannot be stayed by the entry of a deferred prosecution).

Occupational and Temporary Restricted Licenses:

As with a suspension following conviction, where your license has been suspended as a result of DOL administrative action, you may be eligible to apply for an occupational or temporary restricted license that allows you to drive for limited purposes, including the following:

  1. work that makes it essential for the person to operate a motor vehicle.
  2. health care or providing continued care to a dependent person.
  3. school, where pursuing a diploma, degree or other certificate.
  4. substance abuse treatment or sober support groups (AA).
  5. court ordered community service.

The occupational and temporary restricted licenses are not available during the first thirty (30) days of any suspension (90 day waiting period for refusals) . Thereafter, the license is valid for the duration of the suspension. However, the Department of Licensing will restrict the use of the license during this period, including the days and hours for travel. The cost of the licenses is $100.00 and an ignition interlock and financial responsibility are required.

Occupational and Temporary restricted Licenses are not available to persons who have been convicted of either Vehicular Assault or Vehicular Homicide in the preceding seven (7) years. Furthermore, they are not available if it is determined that there is sufficient transit service available.

A violation of the Occupation and/or Temporary Restricted License condition is subject to a penalty of $50.00 to $200.00 fine, and six (6) months in jail.

Evidence in a DUI/Physical Control Case

How an individual charged with a DWI/DUI or Physical Control will be treated by the system will generally turn upon the strengths and weaknesses of the evidence available to the prosecution. Where the prosecution's evidence is weak, there is an increased likelihood that a jury trial will result in a finding of not guilty. Because of this, prosecutor's are more open to reasonable plea negotiations.

As DWI/DUI attorneys, we work to weaken the prosecutor's evidence. One of the first things that we will do upon being retained on a case is to demand a copy of the police report. We then work with our client to analyze the report, as well as other evidence provided by both our client and the prosecution, to determine whether any legal arguments exist as to why evidence, such as the breath test or sobriety tests, should be excluded from any trial.

Where legal arguments are available, we file motions, often extensive, on behalf of our clients to either exclude evidence or, where appropriate, to dismiss the case. If our arguments are successful, evidence will be excluded from trial and/or the case will be dismissed. Where evidence is excluded, it weakens the prosecutions case, increasing the likelihood that the prosecution, recognizing a trial may result in a finding of not guilty and, will be more open to reasonable plea negotiations.

Examples of evidence available to the Prosecutor on a typical DUI case may include, but are not limited to:

  1. The defendant's driving - was the defendant weaving? Or was he stopped for a bad tail light? Can the driving be explained?
  2. Physical Coordination - if a defendant is having difficulty walking? Can the difficulty be explained?
  3. Odor of Intoxicants - does the defendant smell of alcohol? Of course, this doesn't necessarily mean that he is under the influence.
  4. Eyes and facial color - are the defendant's eyes bloodshot and watery? Is his face flush? Can this be explained?
  5. Speech - Is the defendant's speech slurred? Can this be explained?
  6. Field Sobriety Tests - Did the defendant perform well, or relatively well, on the roadside tests?
  7. Statements - Did the defendant make any incriminating statements to the arresting officer? Did the defendant make any exculpatory statements to the arresting officer?
  8. BAC/Blood test - What was the result of the defendant's breath or blood test? Are the results valid?
  9. Witnesses - Are there any witnesses available to either the defense or prosecution other than the defendant and arresting officer?

We also have at our disposal, expert witnesses who are knowledgeable in finding evidentiary problems with the prosecution's evidence, such as the breath test. Such experts are available at a further cost, but are very effective.

For complete information regarding DUI/Physical Control evidence, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.

Deferred Prosecution

Individuals charged with DUI or Physical Control who undergo an alcohol/drug evaluation and are evaluated as being an "alcoholic/addict"or "SPII" are eligible for this program. A deferred prosecution is a five year program in which the petitioner/defendant must complete various conditions, including two years of alcohol/drug treatment, in order to have his/her case dismissed. The conditions of a deferred prosecution may include, but are not limited to:

  1. Attending and complete two years of alcohol/drug treatment,
  2. Attending a DUI Victim's Panel,
  3. Paying court costs,
  4. Not using, possessing or consuming alcohol or illegal drugs,
  5. Being monitored by a probation department,
  6. Having no criminal law violations for a five year period,
  7. Not driving without a license or insurance for a five year period, and
  8. Not driving a motor vehicle unless it is equipped with an Ignition Interlock device, for a period of time determined by the court.

When persons enter a deferred prosecution program, they waive their right to a formal trial and stipulate to the sufficiency of the facts in the police report. It should be viewed as a "zero tolerance" program. Thus, if a defendant violates any condition of the program, the court may revoke the deferred prosecution. If the deferred prosecution is revoked the judge will read the police report to determine whether it contains sufficient facts to convict the defendant of the original crime. As a general rule the defendant is always convicted and the crime then becomes part of his driving and criminal record. The defendant is then sentenced on the original charge. Significantly, not only will the defendant be sentenced to jail time, a fine, and all the driver's license ramifications that come with a conviction, he will, in all likelihood, be required to complete all of the conditions that had been required as part of the deferred prosecution.

Finally, keep in mind, a deferred prosecution is a once in a lifetime opportunity. If an individual has been granted a deferred prosecution on a prior charge, he or she may not petition the court a second time.

Alcohol/Drug Evaluation

Prior to any resolution or trial, our DWI/DUI attorneys will generally request that our clients obtain an alcohol/drug evaluation. This is a confidential assessment to determine if the person has a problem with alcohol. The evaluation must be completed at a state certified agency. The evaluation will result in the individual being placed into one of three categories: (1) having no problem with alcohol or drugs (traditionally referred to as "NSP"), (2) being an alcoholic or addicted to drugs (traditionally referred to as "SP2") or (3) falling somewhere between having no significant probable and being an alcoholic or drug abuser (traditionally referred to as SPI)

If you are evaluated as being NSP, the counselor will recommend that you attend an "Alcohol/Drug Information School" (ADIS). ADIS is an eight hour class designed to educate individuals about the negative effects of drinking or using drugs. If you evaluated as being "SPI", the counselor will recommend some amount of treatment in excess of the 8 hour class, typically three months to one year. Finally, if you are evaluated as being SPII, the counselor will recommend a two year alcohol/drug treatment program. An SPII assessment may also qualify you for the deferred prosecution program.

Remember, the evaluation is confidential between you, the counselor and your attorney. Do not sign any releases allowing the evaluation results to be divulged, unless you first consult with an attorney familiar with DWI/DUI law.

Ignition Interlock Device (IID)

Following a conviction for DWI/DUI and or physical control, or as a condition of a deferred prosecution, the judge will impose the requirement that a person not operate a motor vehicle without an ignition interlock device (IID). The IID is mandatory for a period following conviction or entry of a deferred prosecution (usually one (1) year) and may be imposed for anywhere from two (2) to five (5) years.

The IID condition requires that every motor vehicle that the defendant operates MUST be equipped with this device. However, an IID may not be required on vehicles owned by employers and driven by employees during work hours. The defendant is responsible for the installation and maintenance of the IID (usually $60 to $70 per month).

The IID is a mini-breath testing machine that the driver must blow into before and during the operation of his vehicle. If the driver has been drinking, and his breath alcohol content is above a certain level the car will not start and/or not operate properly (horn will honk loudly and headlights will flash). Furthermore, the IID is equipped with a computer chip that keeps a database file of every blow made into the IID. This database file is accessible by the court in the form of a computer print out. Moreover, if the IID is tampered with, or if a defendant tries to by-pass, or drive a vehicle not equipped with the IID, he may be charged with a separate crime (in addition to violating the conditions of his release or sentence).

Bail

If bail has been set on your case and you need to find a bail bonds company, please feel free to contact our office 24 hours per day and we will assist you in locating a bail bonds company that can provide you with immediate service

Free Consultation

Most people arrested for DUI or Physical Control have no idea what to expect with their case. For this reason, we offer all persons charged with a DUI a free in person office consultation to discuss their case.

Contacting Us

You can contact one of our attorneys for a free consultation 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639.

If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible.

You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.

Disclaimer:
The material included in this Web Site is not intended as legal advice. Readers should not act upon information contained in this material without professional legal counseling. This website is intended for marketing and informational purposes only. If the reader desires a legal opinion, they should contact our office or another attorney. In order for the Stewart, Beall, MacNichols & Harnell, Inc., P.S. to represent you, a written agreement is required in which you agree to retain us as your attorneys and we agree to represent you as a client.