• Just arrested for DUI – will my license be suspended immediately?

    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

  • How long can I expect to be on probation for a DUI conviction?

    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.

  • Why do I always have to sign a speedy trial waiver at Court?

    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)

  • How long do I have to have SR-22 Insurance?

    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)

  • Is using a hand held mobile phone a primary offense?

    Yes. In Washington State you can be stopped just for using your cell phone hand held. (which means holding up against your ear) Sometimes these stops will lead to more serious charges such as DUI’s. Using your cell phone “hands-free” is currently not prohibited.

  • Do I testify at the DOL Hearing?

    Probably not. Unless it is a refusal case I do not normally have my client testify at the Department of Licensing (DOL) administrative hearing. Usually, the client’s testimony will not make any difference.

  • DUI Probation Violations – What is a Review or Show Cause Hearing?

    A Review/Revocation or Show Cause Hearing (courts vary in what they call hearing) is set when you do not comply with the terms of your probation. (a probation violation) For example, you were ordered to get an alcohol/drug evaluation and follow the treatment recommendation; you complete the evaluation but drop out of treatment; you do not complete the DUI Victims Panel; you do not do your work crew etc. The Court will order a Show Cause or Review/Revocation Hearing for you to explain what happened. You can deny violation present evidence and argument that you are in compliance.

    You can admit with explanation . If you admit or are found by the Court to have committed the violation (after denying it) the Court may impose Sanctions. The Sanctions may include revoking any Jail or Fines that were suspended. (For example, the Court revokes 2 days jail and $200 of the fines and orders you to get back into treatment.) The Court will also in most cases order you back to Probation if you were on active probation. (see this blog for difference) It is a good idea to have an attorney at the hearing – expecially if you are in violaiton.

  • Are you required to appear at your DUI Court Hearings in Washington State?

    Yes. Unlike some States where your attorney can appear for you for some hearings – in Washington you are required to appear at all DUI Court Hearings. However, in exceptional cases the Court may waive your appearance for some hearings.

  • What’s the difference between “active” probation and compliance?

    Active probation is where you are ordered to report to probation. You will have to meet with a probation officer of the specific Court on a regular basis. (typically monthly – the frequency of meetings really depend on the Court) Probation is the Court’s “eyes” so to speak to ensure that you timely comply with conditions and obligations of your sentence. Active probation tends to be quite costly. In non-active probation or Sentence Compliance as some Courts call it; you are not assigned a probation officer and do not have to contact probation. The Court Clerk essentially monitors the case. In most DUI cases or reductions where no treatment is ordered your case will most likely be placed on non-active or sentence compliance.

  • Can I do a second deferred prosecution for my DUI?

    No. Unfornuately, with DUI’s you are limited to one (1) deferred prosecution in your lifetime. So even if you did a deferred prosecution – when more than one was allowed – you will still not be eligible.