• 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)

  • 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

  • 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.

  • 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.

  • How long does Washington State have to charge me on a DUI?

    The Statute of Limitations is two (2) years in Seattle and Washington State. The Statute of Limitations is the time limit from the – date of arrest – for filing DUI or Physical Control charges

  • Can I do a Monthly Payment Plan for my DUI Attorney Fee?

    Yes. Kotlowski Law Office PLLC offers very flexible down payments and monthly payment plans for your DUI attorney fee. Down payments may start as low as $1000.00. Ty pical monthly payments range from $200.00 to $500.00. See Online Case Evaluation or simply call and/or text 24 hours a day to (206) 335-2422 to schedule a free consultation with DUI attorney James Kotlowski. If not answered immediately, our office will return your text/call/and/or email as soon as we can.

  • Can I convert my mandatory EHM to Jail?

    Yes. If you have been sentenced for a second or subsequent DUI and have mandatory minimum s on Electronic Home Monitoring (EHM) – you can ask the Court to have it converted to Jail time. The law allows a 15 days EHM: 1 day Jail conversion. Although completely at the discretion of the Court and Judge on whether to grant this request, it is commonly granted. Alot of clients just prefer the jail because of the time and cost of EHM.

  • Where can I find a free online case evaluation for my DUI?

    Kotlowski Law Office PLLC provides a free online case evaluation for your Washington State DUI. Just fill out information about your case and we will email you back within 24 hours. Free Online Case Evaluation

  • When is my DUI Bail exonerated?

    Your Bail for your DUI case is typically exonerated at Sentencing. Although, if you have significant Jail time to serve the Judge may delay it until you turn yourself into the Jail to serve your sentence.

  • Can I get a different Judge for my DUI case?

    Yes. An Affidavit of Prejudice is a Washington State legal procedure that permits you to remove the Judge hearing your DUI case. In 2015, it is becoming more common to have your case assigned to a specific courtroom and Judge. (This is definitely what is happening in King County.) It is the one (1) opportunity you get per case to change the Judge who hears your DUI case. In other words, you can remove the Judge if you do not believe he or she can be fair or impartial in deciding your case. A party (prosecutor or defendant) files an affidavit with the Court alleging that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge or for other grounds provided by law.

    Typically, an affidavit of prejudice must be filed within ten (10) days of arraignment or when the Judge is assigned to your case. The Judge must not have made any discretionary rulings in your case. That is why it is extremely important to have an experienced DUI attorney. Obviously, only attorneys who regularly appear in the DUI courts can know the Judges and when you should exercise the affidavit, if at all. It should not be used in every case.