Legal Question in DUI Law in Washington
DUI in WA first offense, clean record... scared.
On the fifth of January '08 I was pulled over for a headlight by WA state patrol in the city of Seattle. After passing four or five field sobriety tests I blew .12 on breathalyzer, and was arrested. They took me to their station, gave me another breath test, did some paperwork and then drove me and my girlfriend to our apartment. I was provided with a data sheet reflecting the results of my breath test and a form from the Department of Licensing detailing procedure for requesting a hearing regarding my license suspension and NOTHING ELSE. I don't have a ticket, I don't have a court date... The DOL sheet does have a case number on it and at the bottom a detachable portion that says my license is good for up to 60 days after arrest or court action, whichever is first. The date the state patrolman wrote in that spot is 1/5/07. What do I do? Just wait for something in the mail? And if he wrote '07 on all the paperwork could that be good for me? I don't know what to do, have never been in trouble with the law, I'm scared for my future.
2 Answers from Attorneys
Re: DUI in WA first offense, clean record... scared.
REview the paperwork about the DOL suspension if you want to hope to avoid the suspension. You should hire a lawyer to assist you. You can actually suffer a double license suspension--the initial one for the test result and a later one for a conviction. As far as the criminal charge itself, for the most part you do just need to wait for a hearing date to be mailed to you. Make sure your address is current with the DOL. There are some steps that can be taken to speed the process if their is some reason to do so. We'll need to consult directly if that is your situation.
At your service,
Re: DUI in WA first offense, clean record... scared.
There are two pending actions against you. The criminal prosecution and administrative action from the Department of Licensing to suspend your license.
On the criminal side there are mandatory minimum sentencing penalties if you are convicted for a DUI...1 day jail, or 15 days EHM, $350 fines plus cost and assessments (at least $866), license suspension for 90 days, Ignition Interlock device for one year, SR22 insurance for three years.
Regarding the Administrative suspension, the clock is ticking. On March 6, 2008, 60 days after the incident your license will be suspended for 90 days, unless you timely request a hearing to challenge the license suspension. If you lose the admin hearing and are convicted of DUI there is a 90 day suspension total.
If you want to discuss your case in more detail, please do not hesitate to contact me. I would like to help you understand what to expect from this charge.
Whether you call me or not, I think you should consult with an attorney. Good luck.
Aaron J. Winkelhake
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