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What are common DUI reductions in Washington?
Common DUI reductions (from DUI or Physical) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. Frankly, the negotiating environment these days is very difficult and the key to getting a reduction or (plea bargain) is having an experienced DUI attorney working on your DUI case.
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What’s the “minimum” treatment requirement on my DUI case?
The very minimum alcohol/drug treatment required in every DUI case – whether reduced/amended or not – is the 8-hour alcohol drug information school (ADIS) and the 1-2 hour DUI Victim’s panel. An alcohol/drug evaluation is also required with every DUI case.
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What documents do I need for my alcohol/drug evaluation?
All Washington State District and Municipal Courts require that the State certified alcohol/drug/chemical dependency evaluator review at a minimum the following documents in completing an alcohol/drug evaluation for your Washington State DUI case:
(1) Defendant’s criminal history (DCH);
(2) Washington State abstract of driving record (ADR);
(3) Police report that is the basis for your DUI charge or conviction.
(4) Results of a urinalysis test (UA) administered to you at the time of the evaluation.
All Judges in Washington District and Municipal Courts will not accept alcohol/drug evaluations without evidence that all of these documents were reviewed and a UA administered when the evaluation was completed.
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How can I check my Washington License Status?
The Washington State Department of Licensing (DOL) has a comvenient online tool that allows you to see whether your driver’s license is valid. It is real-time . Check my license
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Is the officer required to attend the DUI Department of Licensing Hearing?
No. The DUI Department of Licensing (DOL) Adminsitrative Hearing is a “trial by paper” so to speak. The DOL Hearing Officer simply reviews the police report and any exhibits. The driver can also present evidence as well as challenge the State’s. However, the officer or trooper does not attend the Hearing unless you (the driver) subpoena them. You have a right to cross-exam the officers under Washington law. If they do not show the Department action against your license (pending suspension or revocation) will be dismissed in most cases.
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What makes you eligible for a deferred prosecution?
To be eligible for a deferred prosecution you must state that the wrongful conduct (DUI) was caused by or a result of alcoholism (dependency), drug addiction or mental problems. Alcohol “abuse” is not included per se. In other words, you can have a problem with alcohol (abusive maybe), but it does not rise to the level of dependency – then you will not be eligible for deferred based on alcoholism.
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Can I do community service in lieu of Court Cost and Fines?
Maybe. Some Courts including King County District Court may allow you to do community service in lieu of at least some of the Court Costs and fines. Your attorney needs to ask for this option at Sentencing.
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Do I need an attorney at DUI arraignment?
Yes. In Washington State with the conditions of release (ignition interlock device, EHM {home arrest}, Scram {24 hour alcohol detection bracelet}) and high bail being imposed by Judges these days in DUI cases (especially with priors) it is very important to have an attorney at arraignment. If you cannot obtain counsel by arraignment – ask to continue arraignment to obtain private counsel or interview fo r a public defender.
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How soon will I have to report to Jail on a DUI conviction?
Typically, the Court will give you thirty (30) days at the Sentencing Hearing to report to Jail. However, if you need longer and have a good enough reason the Court may grant a longer period. You will not usually be taken into custody – unless you have a history – of non-compliance with the Court’s conditions.
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Can I get a deferred sentence on a DUI?
No. Unfortunately, A Municipal or District Court cannot not defer sentence for an offense sentenced under RCW 46.61.5055 (DUI or Physical Control.) A few Judges have done so which typically results in an automatic appeal by the prosecutor. A deferred sentence is different than a deferred prosecution. See this blog for info on deferred prosecutions.
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