Legal Question in DUI Law in Washington

have just received my summons notice for arraignment on my second dui within 7 years. i know the penalties are steep for a second offense. i would like to defer my prosecution and was wondering the steps that i should take. should i contact a private lawyer or public defender? what should i have at my arraignment? etc

Asked on 11/03/09, 5:41 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

A public defender is for a person who cannot afford an attorney so if you can afford one you should hire one. Either one will be able to go over with you what is required for a deferred prosecution. You should hire a lawyer before your arraignment because the Judge could take you in custody on a second offense depending on your breath test, danger to others, etc.

At your service,

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Answered on 11/09/09, 1:08 pm

Mr. White is correct. You may now be viewed as a "potential danger to society" as a second time drunk driver. You also have to consider the 20 day time limit for a DOL hearing request. That 20 day time limit begins to run from the date of your arrest and if you do not respond, you will be automativcally revoked for one year. You need to talk with a lawyer ASAP to make sure that you have the proper startegy, tactics and approach to all phases of your present case, both from a court case and DOL perspective. It will be very important to see what effect your prior criminal and driving history will have on your case as well as how you resolved your prior DUI. Happy to help you and otherwise I wish you Good Luck!

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Answered on 11/09/09, 9:48 pm

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