Options for Drunk Driving Defense in Washington State

I know I'm in some serious trouble the other night I was pulled over and arrested with a suspicion of Driving Under the Influence and was subsquently given a breathilzer test which came up with a .20 BAC which I know puts me in the higher tier of consquences.
What I'm curious about is possible options to help minimize the damage/charges I'm facing. I'm currently a college student who is just home visiting for the summer. I go to college on the other side of the state which makes it difficult to come back and forth for multiple hearings if I hire a lawyer. As well I don't even own an automobile so the whole losing the liscence and/or having a breathilizer installed in my car doesn't really affect me. Tomorrow I'm planning to sign myself up for alcohol classes back in my home town to hopefully show the court that I'm making an effort to correct my mistake. My question is should I just bite the bullet and plead no contest to the charge and throw my self at the mercy of the court and pray for minimal consquences or hire an attorney that may or may not help my case at all.

No don't throw yourself under the bus, you can plead this down to a situation that's more suitable. You'll need a lawyer and it won't be cheap, he can possibly get it reduced down to a reckless. You will have to go through the same hoops as if you had a DUI, treatment, AA meetings, victims panel and the rest of the stuff probation asks. Don't lay down on this it will hurt you down the road.

...a .20 & it'll be reduced to a reckless ??

I've never seen that. How do you do it ?

Yeah I seriously doubt that any lawyer could plea it down to a reckless considering how intoxicated I was. What I'm most concerned with is getting the minimum charges possible. I'm tempted to hire a lawyer even though I don't have much money to just help me get through this easy as possible. I'm very concerned that if I don't hire an attorney that I will get the maximum possible consquences thrown at me which with being a college student on the other side of the state makes my life even more difficult. I'm just so very thankful that there was no car accident, at the very least no one was injured by my selfish and immature actions. Its an expensive and painful way to learn a lesson but its the way it is. As far as im concerned I'm not touching another drop of alcohol as long as I live. It can and has too much of an ability to wreck and destroy lives.

I forgot to add does it have any bearing on the amount of punishment I receive if I sign up and attend alcohol classes before I even get charged. I'm just curious if it matters or not to at least show the courts I'm making a solid effort to right my wrong.

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Quoting Sean-Wash

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I forgot to add does it have any bearing on the amount of punishment I receive if I sign up and attend alcohol classes before I even get charged. I'm just curious if it matters or not to at least show the courts I'm making a solid effort to right my wrong.

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I would think that if you went into a treatment program (if that is what alcohol classes are), that it would show the judge that you are serious about changing, but I don't think that charges would be lowered. If the judge could fine you "up to" a certain amount, then maybe the judge would be more leanient (sp) considering you will have to pay for this treatment. The alcohol class that you take, would mean alot more, if it were one that included random testing to prove that you are staying sober. I don't know about your state, but in Oregon, the saying goes, the least you will lose is your liscence. If I am correct, here, you lose your liscence for a year, and you must finish a treatment program for alcohol, and if you fail a random pee test, you must start the treatment program over. You also have to pay for this treatment, and it is not cheap. Good luck to you!

If you have the right lawyer you can get it reduced down to reckless. You were only pulled over and arrested for DUI, I totaled my truck on a phone pole, blew a .224 and still got it reduced down with no restrictions on driving. No "Blow 'n Go" attachments to the car either. As far as treatment goes, turbowray is right, it's not cheap. If you have any kind of health insurance they might cover part of the treatment, but in Wa....treatment WILL be an order of the court, even if you can't afford it.

Yeah I hope I can get it reduced or at least the minimum sentencing. Doesn't the possibility of having to do treatment depend on what your assessment says? At least thats how my understanding of it works. I have to say though people's replies on this and other forums have really helped calm my nerves about this whole situation. I will keep everyone updated with the going ons of my case.

BTW PaulE I noticed your from Seattle Washington. I'm curious if that was also where you received your DUI at? I ask because I'm from that abouts and was wondering who your lawyer was and if you would recommend him as well. Thank you all very much

This is right where I got mine, as far as the lawyer....I lost track of him. He was also doing other legal work over seas so I've got no clue where he'd be now...sorry.

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Quoting PaulE

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This is right where I got mine, as far as the lawyer....I lost track of him. He was also doing other legal work over seas so I've got no clue where he'd be now...sorry.

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Paul, you only have to check your court's record & they will give you the attorney's name.
Then, Sean can check with the WA State Bar & they will give him the attorney's current phone # and address.

That way, Sean can get a reckless also !!!

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Quoting garrula lingua

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Paul, you only have to check your court's record & they will give you the attorney's name.
Then, Sean can check with the WA State Bar & they will give him the attorney's current phone # and address.

That way, Sean can get a reckless also !!!

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If the lawyer can and will take his case. Good luck poster!

Well I do believe I have found a worthy lawyer for my case. Nice older man half the cases he handles have to do with DUI and his rates are extremellllyyyyyyy reasonable which is a big plus. He actually handled my mothers estate case that she was dealing with as a result of my uncle being a greedy SOB. He has alot of experiance in the county I was charged in and is actually on very good terms with the judge (don't know if that helps). I'm not looking for a miracle here just looking out for my best intrest. I messed up and I'll pay the price but ill be damned if Ill let the state bend me over. I mean come on why didnt the cop just take me home I was 1000ft from my front door, and I had only driven 1/4 a mile.

If this is your first time, then you can get a deferred prosecution which means you will have to attend a rehab place and go through the routines, if you are successful after 2 years the charges will essentially be dismissed (it still will show on your record however and can be used against you if you get caught again within the 7 year timeframe). You will need a lawyer for this, I suggest you get one quick and I'm sure most will suggest this route for you.

Sounds great !

Probate lawyers are usually great at DUI defense.

Right, that cop could have taken you home and forgotten about it - you were only, what, .20, .22 ?

They're always trying to 'bend over' some poor innocent !

Good luck.

Dui penalties in Washington.

Breath Test .15% or Higher
Or
Refusal to Take Breath Test


* Two days in jail minimum OR 30 days Electronic Home Detention
* $1078 total minimum fine w/ statutory assessment (fine could be up to maximum fine of $5000.)
* 1 year license revocation for breath test over .15; 2 year revocation if refusal
* SR-22 Insurance for 3 years
* Probationary License for 5 years after reinstatement
* Ignition interlock shall be required by the DOL for a minimum of 1 year
* Alcohol evaluation and treatment as determined by the court
* Probation monitoring by the court for up to 5 years

Source of information: http://www.duidefense.com/resources/getDUIPenalties.asp

Have you searched for an attorney on-line?
Asked others in your area, who they might recommend?
Go sit in the court room, so you have an idea of what to expect.


EDIT: I was posting information and did not see your other reply.

Sorry I didn't clearify the lawyer spends half his time defending DUI cases so it isn't foreign ground for him. I'm not saying what I did was right. Again I am simply trying to protect myself and my rights and there is no way I can do that on my own.

"They're always trying to 'bend over' some poor innocent !"
lingua, Sean already said he messed up and in Washington .08 is the limit...you do the math. I forgot about deferred Sean, if you can get it and keep your nose clean it's a good deal for you. Seeing the full scope of what I COULD have gotten, I got very lucky indeed!! It's good to be reminded of that, thanks for posting it Happy Trails.

The aspect of you having to travel back and forth, being a college student - that is really tough. I do not honestly think you have many options with an attorney, as I do not think you will be able to get lesser sentencing if you try and fight it.

Of course, we all would want to fight it however I live in Oregon and Oregon and Washington's DUI/DUII laws are pretty much the same - they are hardcore. I think you may want to hire an attorney in the area in which you were arrested (If close to Seattle, there are many good attorneys in Seattle) and they should be able to advise you and hopefully plea bargain.

In reality, the State of Washington dosen't want to pay for a trial, and they can't exactly afford to put you in jail for 2 years. Therefore, most likely if you show that you're trying to fix the problem, you've learned your lesson, I wouldn't be suprised if your sentence is decreased - maybe not substantially however decreased.

Also - what school do you go to? Will you be removed from the school for being arrested and whatnot. Isn't DUI of that amount considered a felony in Washington?

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Quoting Sean-Wash

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I mean come on why didnt the cop just take me home I was 1000ft from my front door, and I had only driven 1/4 a mile.

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Why didn't you call a cab to take you out drinking? How about a designated driver?

Why should the cop have to take you home because you were lucky enough to survive the drive from the bar and not get caught??

Your house is not "home base" in a game of tag. In fact, you could have been popped AT your house!

- Carl

Sean --- I recently was cited for a DUI in Spokane. I had a DUI "reduced" to a Reckless Endangerment charge to avoid loss of license. Instead I paid a big fine and did a lot of jail time (120 days). At the time it was the right thing to do as I am in a profession that takes me out of state and out of town and my license means everything to me. Upon talking to my lawyer on this new DUI I found out that since 2004 in Washington a "reduced" charge is now looked upon as a DUI conviction as is a completion of a deferred prosecution that supposedly is "expunged" from your record. My prior reduction is now a DUI conviction Prior and I am facing penalties for a second "conviction" in seven years !!! Apparently in this state the law is capable of being changed "Post-Facto" and the MADD people control the System. I am going to be suspended for two years and there is nothing to be done. I am now officially a non drinker (anywhere - anytime) and am about to enter bankruptcy as my income is now 1/4 what it was with a drivers license. I will be leaving the US as soon as all my legal responsibilities are done !!! FIGHT IT !!!!!!

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Quoting tommygun

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Apparently in this state the law is capable of being changed "Post-Facto" and the MADD people control the System.

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What you describe is no an example of an "ex post facto" law, and MADD is not a government agency or a political party. One does not have to be affiliated with MADD to support strict DUI laws.

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I will be leaving the US as soon as all my legal responsibilities are done!

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Where will you go? It's not like moving to another town.

And leaving solely because you can't have a license for a couple of years would seem a tad bit of an over-reaction. But, it's your choice.

As an FYI, most every other country in the world has stiffer DUI laws than the USA. Keep that in mind.

- Carl