Skip to main content

Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

Written by David O
1 Comment
Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

business manI’ve been a criminal defense attorney for many years now and I have met with many clients.  Through client conversations and meetings I’ve noticed that clients tend to ask the same questions…  So I thought it would be a good idea to blog about these frequently asked DUI questions and other frequently asked questions and I will provide my answers.  Hopefully this Q&A is helpful!

Frequently Asked DUI Questions and More – Part 1

Q.  What is your legal fee for a DUI?

A.  I do not have a set fee for a DUI.  Because each DUI case and each individual charged with a DUI are unique I prefer to meet in person for a free consultation where I can discuss the circumstances of the case and  criminal history.  After getting to know more about the person and their case, I know how much work and time it will take to achieve the best possible case resolution and I can provide a flat legal fee quote.  On average I charge a flat legal fee of $4000 – $6000 for a DUI.

 

Q.  What is your legal fee for other criminal charges?

A.  I do not have set legal fees.  I prefer to talk with each individual charged with a crime, find out more about them and their case and then I can determine their cost for legal representation.

 

Q.  What is the penalty for a first time DUI offense?

A.  It depends on your Blood Alcohol Concentration (BAC) result when you blew into the DUI breathalyzer or had blood drawn or if you refused to provide a BAC sample:

BAC result less than .15 = 1-364 days in jail or 15 days of EHM (electric home monitoring), $941-$5,000 fine, ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or refusal = 2-364 days in jail or 30 days of EHM, $1,196-$5,000 fine, ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

 

Q.  Can you guarantee my case will get dismissed?

A.  No, I cannot guarantee your case will be dismissed and no other attorney should tell you that they can guarantee your case will be dismissed during the early stages of your case.  DUI cases and other criminal cases take a lot of work to negotiate, investigate, and sometimes going through trial before a resolution can be reached.  I cannot guarantee your case will be dismissed but my goal for each and every client is to work hard to achieve the best possible case outcome.

 

Q.  How should I dress for court?

A.  I tell clients they should dress as if they were going to church.  For men, slacks or nice jeans with a button down or collared shirt is appropriate.  Men do not need to wear a suit unless they would like to.  For women, a conservative dress, slacks or nice jeans with a blouse works well.  Dressing appropriately, shows the judge that you are taking the case seriously and that you are being respectful while in the judge’s presence.

That’s the end of Frequently Asked DUI Questions and More – Part 1. Hope it’s been helpful!  Link to Part 2.

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , ,

The What, Who, and Why of SR-22 Insurance – DUI, Reckless Driving, Driving w/o a License

Written by David O
1 Comment
The What, Who, and Why of SR-22 Insurance – DUI, Reckless Driving, Driving w/o a License

SR-22 insurance sounds vague and somewhat intimidating, so we are going to break it down and explain the what, who, and why.

The What

SR-22 insurance blogWhat is SR-22 insurance?  Surprisingly, SR-22 insurance isn’t insurance at all, it’s not coverage or an insurance policy.  Rather it is a document that verifies that someone has car insurance.  According to the Washington State DOL (Department of Licensing) SR-22 is “proof you have a way to pay for any damages you may cause while driving,”  and it is a document showing “financial responsibility.”

What does the mysterious “SR” stand for?  The “SR” of SR-22 stands for “Safety Responsibility.”

If an individual needs SR-22 insurance then they would contact their insurance company.  The insurance company would produce the actual SR-22 document and then file it with the DMV (Department of Motor Vehicles).

The Who

Who needs to file a SR-22 document?  Those that want to reinstate their driver’s license after they have had it suspended as a result of being convicted of a driving violation.  Such driving violations that may cause a driver’s license suspension include but not limited to; DUI (Driving Under the Influence), reckless driving, and driving without insurance.

The Why

SR-22 is essentially a financial penalty that the state imposes on drivers who have had their driver’s license  suspended.   To reinstate their driver’s license an individual must pay for SR-22.  The cost can range anywhere from $30 extra per month on upwards of $200.00 per month.  Documentation is usually required for a number of years.  For example; here in Washington State, if someone is convicted of their first DUI, they would be required to carry SR-22 for three years.

The SR-22 may be required whether you own a vehicle or not. If the policy holder fails to pay the premiums, the SR-22 is cancelled and an SR-26 is filed with the DMV. When the DMV receives the SR-26, the policy holder’s license is suspended until a new SR-22 is filed.

Hopefully we have provided some clarity.  If you’ve been charged with a crime or have lost your driver’s license, give us a call, our criminal defense attorneys can help 206-459-6392, David O Defense.

Legal Blog, , , , , , , , , , , ,

DUI POP QUIZ – Test Your Knowledge

Written by David O
Leave a Comment
DUI POP QUIZ – Test Your Knowledge

How knowledgable are you when it comes to DUIs?  Take our quick DUI POP QUIZ to find out, maybe you will know it all or maybe you will learn something new!  Good Luck…

(The answers to the DUI POP QUIZ questions are listed below question 10.)
  1. What does DUI stand for?
  2. True or False.  You can only be charged with DUI if you have been drinking alcohol.
  3. What does BAC stand for?
  4. True or False.  You can only be charged with DUI if your BAC level is 0.08 or above.
  5. True or False.  Washington State’s legal drinking and driving BAC limit is 0.08.
  6. What are the 3 most common ways a cop can spot a DUI driver?
  7. True or False.  If an individual is under investigation for a DUI, that individual must take the field sobriety tests.
  8. What does DOL stand for?
  9. How many days is a driver’s license suspended if a first time DUI offender that provides a breath test loses their DOL hearing?
  10. True or False.  If found guilty of a DUI, you can later have the DUI removed from your criminal history through the expungement process.

 

DUI POP QUIZ

 

Here are the answers, how did you do?
  1. Driving Under the Influence
  2. False, you can be charged with DUI if your driving is affected and you are under the influence of any substance such as; alcohol, marijuana, drugs, prescription drugs, glue, paint, etc.
  3. Blood Alcohol Content or Blood Alcohol Concentration
  4. False, you can be charged with DUI if an officer believes your driving is impaired even if your BAC level is below 0.08.
  5. True, Washington’s legal drinking limit is a BAC level of 0.08.
  6. According to the National Highway Traffic Safety Administration the three most common ways a cop spots a DUI are; 1) wide turns, 2) appearing to be drunk, and 3) straddling along the central marker between lanes.
  7. False, an individual does not need to take the field sobriety tests when under investigation for a DUI, the tests are voluntary.  David O Defense always recommends not to take the field sobriety tests.
  8. Department of Licensing
  9. 90 Days
  10. False, a DUI charge cannot be removed or expunged from someone’s criminal history.  However charges such as theft, reckless driving, burglary, drug charges, and other misdemeanor and felony charges can be expunged if certain requirements are met.
DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , ,