Washington State DUI: First Offense
If you have come to this site because you or someone you know is facing their first charge for DUI in Washington State, there is some good news. Statistically speaking, a person facing a first time charge of DUI is significantly more likely to have that charge reduced to a lesser offense or dismissed than someone who has been in this situation before. It certainly is not automatic but the variables in play mean that the different parties involved are much more likely to look upon you and your situation more favorably than someone who has been in the system before. Below is a look at how three of the main players in the Washington DUI system generally view the first time DUI defendant.
Mandatory Minimum Penalties for First Offense DUI in Washington
Among some of the toughest DUI penalties in the nation, Washington state imposes mandatory minimum consequences that are based upon the level of the breath/blood test and whether there was a refusal to submit to testing. If there was a breath or blood test and it was under a .15, a person would be facing 24 consecutive hours in jail (or 15 days of home detention), a 90 day license suspension (plus separate administrative DOL sanctions), a fine of $350 plus costs and assessments (for a total that will amount between $900-$1500 depending on the court), a one year ignition interlock requirement, five years of probation and the requirement of undergoing an alcohol evaluation and recommended follow up treatment. In addition to these possible mandatory penalties, a person charged with a first offense DUI in Washington should also consider the following.
DUI Courts and the DUI Arraignment
Most DUI courts in Washington are relatively deferential to the person facing a first time DUI charge as compared to one who has priors, at least at arraignment. In general, standard DUI conditions are imposed which means no consumption of alcohol, no driving without a valid license and insurance, no criminal conduct and a promise to appear at all court dates. There are exceptions of course when there are aggravating allegations that lead the court to determine that the defendant could be a danger to the community. An extremely high BAC, an accident, children passengers or other non-DUI related criminal history are all examples of aggravating factors.
DUI Prosecutors in Washington
DUI Prosecutors never look favorably upon someone facing a DUI charge in Washington. Still the practical reality is that not every DUI case can be prosecuted to the fullest extent and the beneficiary of the reality is the first time offender. As a result, it is common and probably likely that a person facing a first time DUI charge will not ultimately be convicted of that charge. It is important to know what the prosecutor in your jurisdiction will expect out of you and to have a skilled DUI lawyer working on your behalf.
Alcohol and Drug Treatment
A person accused of DUI in Washington State may be required to undergo an alcohol and drug treatment evaluation. There are three main components to this evaluation: the client, interview, the level of the breath test, and the number of DUI or alcohol related incidents. The single biggest factor in determining whether or not treatment will be recommended is the person’s DUI and alcohol or drug related history.
If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty! Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.
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“He is very knowledgeable in the DUI field and was able to guide me throughout the process. My case did go to trial as the public prosecutor was not giving any good negotiation. Scott analyzed the case and told me to take it to trial.”- Former Client
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“Not only did he win my trial, but his knowledge of the details and his negotiation skills were instrumental in achieving a successful outcome. He was able to navigate the complex legal system with ease and always had my best interests in mind.”- Former Client
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“As an experienced attorney, Scott worked diligently to present the facts of the case and ended up winning the case at trial. We would recommend Scott Lawrence, Attorney at Law, to anyone facing criminal charges.”- Former Client
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“I am incredibly grateful to Snohomish Law for their dedication and expertise in resolving my case. They were professional, compassionate, and kept me informed throughout the process.”- Justin K.