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Should I take the roadside field sobriety tests?
No. Politely decline. I always recommend against taking the Roadside Field Sobriety Tests. (HGN, Walk & Turn, One Leg Stand and Portable Breath Test) In Washington State or Seattle, these tests are voluntarily , unreliable and difficult to complete in the best of conditions. (think traffic flying by in the dead of night, bad weather conditions among many other factors) Remember, you are simply building a DUI case against yourself. ( usually not a good idea ) You can be cooperative and respectful of the officer or trooper without taking these tests.
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What’s the difference between Negligent Driving 1st and 2nd Degree?
Negligent Driving 1st Degree is a Misdemeanor Criminal Traffic Offense in Washington State. It has a maximum penalty of 90 days in Jail and a $1000 Fine. Negligent Driving 2nd Degree is a traffic infraction (civil – not criminal) with a maximum fine of $250. (although, it is really around $550 with all the court costs etc.) 1st degree involves alcohol or drugs – 2nd degree does not.
I have resolved several DUI cases over the years with Negligent Driving 2nd Degree. Obviously, that is a great result and the clients were very happy.
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Who pays for the deferred prosecution treatment?
The defendant. You agree to pay the cost of diagnosis (evaluation) and treatment, if you financially able to do so, subject to RCW 10.05.130. Most insurance plans will cover (but not all) and Costs can run from $4000-$7000 or more depending on the provider.
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Do the “mandatory” DUI 30-day probation “violations” apply to reductions?
No. They do not and should not. (see 46.61.5055 (11)(b)) Although, I have seen some Judges incorrectly believe they apply to all DUI’s and reductions to Negligent Driving and/or Reckless Driving in Washington State. -
How long is SR-22 Insurance for a DUI or Physical Control conviction?
You will be required to have SR-22 Insurance for 3 years on a Physical Control conviction in Washington State. This is also the same for DUI and Reckless Driving convictions.
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Do I need to get the Deferred Prosecution Petition into the Court beforehand?
Yes. In most cases, the Judge (and prosecutor) would like the opportunity to review a Petition for Deferred Prosecution and accompanying documents on a DUI charge before your Court appearance. Some Courts by local Court rule even mandate a specific time period. The most common is 7-14 days before the Court date. Regardless of a Court rule, it is always a good practice to do so. Otherwise, if it is a busy Court calender you will be asked to continue the hearing.
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Can I still drive if I lose my DUI Department of Licensing Hearing?
Yes, In most cases in Washington State, you can apply for an Ignition Interlock License (IIL) and drive for the duration of the suspension or revocation with an ignition interlock device in your vehicle . (unless you have a suspension or revocation for unrelated reasons)
See link and follow instructions. Apply for Ignition Interlock License (IIL)
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How many days in advance do I have to subpoena officer for the DOL Hearing?
Ten (10) business days is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and accompanied by the witness fee check. See link for form. DOL Subpoena
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Is a Deferred Prosecution recorded as a conviction?
No. If you do a Deferred Prosecution for a DUI or Physical Control in Washington State it is not a conviction at any pont. (unlike a deferred sentence). However, the Deferred Prosecution does remain in the Court and Department of Licensing (DOL) records.
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Should I request an attorney before I take the breath test?
Absolutely. Upon arrest for DUI, you should ask to speak with an attorney immediately or as soon as possible. Do not make any statements to the police. There is an attorney (public defender) on call for that purpose. The officer will help you get in touch with them.
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