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Is the DOL Hearing included in the DUI Attorney fee?
Yes. Usually it is the standard practice. Most DUI attorneys will include the Department of Licensing (DOL) Administrative Hearing in the DUI fee. That said, you should always ask your DUI attorney to see whether it is included. (or look at your DUI fee agreement)
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Can I waive Arraignment on my DUI?
No. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for a continuance of the arraignment Court date depending on the Court. (typically, only 1-3 weeks)
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How many days notice do I receive of the DOL Hearing decision?
Typically, the Washington State Department of Licensing (DOL) Hearing Officers will give you 7-10 calender days notice of your pending suspension or revocation. This timeline applies – if your not successful at the DOL Administrative Hearing. Unfortunately, it is not very much time to apply for an ignition interlock license.
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Can I expunge my DUI Court record?
No. Under current Washington State Law you cannot expunge or erase the Court record and/or docket – even if – the DUI is reduced to Reckless or Negligent Driving or Reckless Endangerment. Vacating your conviction is a different matter. See this blog for information. In other words, your DUI arrest may still show up in background checks.
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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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