Very recently, I had major eye sugery and my doctor prescribed me some pretty potent pain medications to assist me in the recovery process. This experience reminded me again of the hazards/perils of prescription pain medications and driving as well as how often the public doesn’t associate prescriptions with DUI’s. Over the years, I have represented many people for prescription drug DUI’s including oxycontin, ambien, zanax, percocet and even some anti-depressants. Although, I managed to negate the DUI charges (obtain a reduced charge or dismissal) in every case, it still was a very costly and traumatic experience for the ones involved.

Remember, a valid prescription is not necessarily a Defense to DUI in Washington State.

Some, but not all. Most Seattle Police Department precincts and the UW/Port of Seattle have them. However, the Washington State Patrol generally does not. I have suppressed (kept out of evidence) many a breath test (BAC) because of failure to follow the proper breath test procedure and protocols thanks to the BAC room video.

In Seattle Municipal Court, if the Warrant amount is less than $10,000 you can go to the first floor of the Seattle Justice Center, 600 Fifth Ave and set a hearing. (you will see clerk windows after security on right)

You will not usually be taken into custody by the Court. However, the bench warrant will stay in place until the warrant quash hearing is held. If the Judge made the warrant pr’able (will say ” no PR” if applicable) the court clerk can just quash (cancel) it at the window and set the next hearing for your case. (what type of hearing – {arraignment, pre-trial, sentencing, review/revocation} will depend on what stage of the case you were at when you missed your Court appearance)

If Warrant is $10,000 or more you will have to post bail or turn yourself in. The other option is to have an attorney set an “add-on” for a warrant quash hearing. I have done many of these in Seattle Municipal Court. You would then show up for the hearing and the attorney would ask the Court to quash the warrant. (remember, the Court could still maintain some sort of bail – depending on the circumstances of your FTA) I have set these hearings as little as 48 hours in advance. Caveat: the above procedures are always subject to change without notice. It is always more preferable to contact an experienced attorney first.

Yes. Most of the time – if you meet specific condition s. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, because of recent changes to the law the eligibility date is not as clear anymore. Because of these uncertainties – you should consult an experienced DUI attorney about the process and should not try to do it yourself. Either you can make the Motion 3 years from the date of the close of probation on your case (probation normally 1-2 years) or 10 years from the date of your original DUI arrest. What the Court will do depends on whether the prosecutor is arguing the 10 year interepretation applies and what the specific Judge is doing.

Yes. It does not happen very often, but occasionally a Judge will reject an alcohol/drug evaluation and force you to get a new one. It really depends on the defendant’s history or the specific facts of the case. Often , they simply did not trust a certain treatment agency and/or evaluator or whatnot. Sometimes, there are other reasons.

Probably not. Usually, I would recommend against entering a deferred prosecution on a first offense DUI. In Washington State you get one opportunity to do a deferred prosecution in your lifetime. However, there are exceptions , many clients have little choice because of personal, career or employment considerations. I have had doctors, lawyers, executives, police officers and other professionals enter into a deferred prosecution on a first offense, especially when a DUI conviction was not an acceptable option. Often, with these clients, a reduction even to reckless or negligent driving first degree is still an unsatisfactory resolution. I also do not like a deferred prosecution because like a DUI conviction it has a five year probationary period – whereas reckless and negligent driving the maximum probationary time period is two years. Obviously, you must still meet the eligibility requirements of a deferred prosecution. That said, every person’s situation is unique and you should consult with a DUI attorney to find the best option for you.

No. It will be suspended automatically in 60 days u nless you request a Washington State Department of Licensing (DOL) within 20 calender days of your DUI arrest. You should (or will) have received a letter from the DOL titled ‘Notice of Suspension’. You can ignore that date only if you properly request a DOL Hearing. Request DOL Hearing Form and Instructions Request DOL Hearing online

Up to five years. Most Washington State Judges will impose the “full” five years (60 months), although occasionally I have seen Judges on 1st offense DUI’s impose only 2-3 years. However, this is the exception and not the norm.

A speedy trial waiver is usually required to get a continuance (postponement) of the Court hearing to another date. This is a very routine procedure.

Put simply, in Washington State you have to be brought to Trial within 90 days of arraignment or first appearance. This time-frame is shortened to 60 days if you are in Jail. In most DUI or Physical Control cases you will waive speedy trial several times. (you will execute a speedy trial waiver at Court) Typically, this means the 90 or 60 days begins to run anew . Usually, it is in your interest to have more time for your DUI attorney to interview witnesses, investigate and prepare your case as well as try to resolve it. (there are also exceptions to the speedy trial rule that can also extend the time for trial)

SR-22 (high risk) Insurance is required for three (3) years on a DUI, Physical Control or Reckless Driving conviction. It is also required for three (3) years on the Administrative suspension. (if your license is suspended or revoked on the administrative side)