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

Written by David O
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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.

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Let’s Talk – DUI Penalties

Written by David O
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Let’s Talk – DUI Penalties

Washington State is one of the toughest states in the nation when it comes to punishing those found guilty of DUI, Driving Under the Influence.  Even first time DUI offenders with no criminal history often suffer consequences such as suspended driver’s license, fines, and jail time.  And with each additional DUI charge, the consequences quickly become steeper and harsher.

So let’s talk about DUI penalties.

DUI also called DWI, Driving While under the Influence, is a crime handled at the state level. DUI penalties are mandated by the court and are determined by; the amount of alcohol consumed (breath test level), refusal of the breath test, prior DUI history, whether there was property damage while under the influence, or injuries to persons as a result of the DUI, and other criminal history.

In Washington, the maximum penalties for a DUI are 364 days of jail, $5000 fine and loss of license.  The minimum penalties for a first offense DUI if a person blew under .15 are one day of jail, $350 fine, and loss of license for 90 days.  The minimum penalties for a first offense DUI if a person blew over .15 are two days of jail, $500 fine, and a loss of license for one year.  The minimum penalties for a first offense DUI if a person refused to submit to a breath test at the station are two days of jail, $500 fine, and a loss of license for two years.

The minimum penalties for a second offense DUI within seven years, if a person blew under .15 are 30 days of jail, 60 days of electronic home monitoring, $500 fine, and a loss of license for two years.  The minimum penalties for a second offense DUI within seven years, if a person blew over .15 are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 900 days.  The minimum penalties for a second offense DUI if a person refused to submit to a breath test at the station are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 3 years.

The minimum penalties for a third offense DUI within seven years, if a person blew under .15 are 90 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program (ex: scram device), 120 days of electronic home monitoring, $1000 fine, and a loss of license for 3 years.  The minimum penalties for a third offense DUI within seven years, if a person blew over .15 are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.  The minimum penalties for a third offense DUI within seven years, if a person refused to submit to the breath test at the station are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.

DUI penalties can have a negative impact on someone’s life and this is one of the reasons it is important to contact a DUI defense attorney when charged with a DUI.  An experienced defense attorney will work hard to minimize DUI penalties, or possibly eliminate the DUI penalties all together by getting the DUI charge reduced to a lesser charge or by dismissal.

The attorneys at David O Defense are experienced and have a proven track record of serving our clients.  Give us a call today if you have been charged with DUI, we offer free legal consultations, 206-459-6392.

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Florida High School Teacher Arrested for DUI While on Her Way to Work

Written by David O
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Florida High School Teacher Arrested for DUI While on Her Way to Work

On Monday morning 56 year-old Nancy Vaughn was arrested for DUI while en route to Estero High School where she works as an Intensive Reading teacher.  Just before 7am police received calls that a red car was driving erratically and was swerving between lanes.  Police caught up with the red car and noted the same reckless driving as had been reported by callers.

The police pulled Vaughn over and immediately suspected drunk driving due to the odor of alcohol, her inability to keep her balance while standing, and her blood-shot water eyes.  Vaughn opted to take the DUI field sobriety tests and failed.  She was arrested and taken to the local police station where she submitted a breathalyzer sample that revealed BAC levels of .258 and .273, three times over the legal limit.

With discovery of Vaughn’s recent DUI arrest the school district reassigned Vaughn to a position outside of the High School while they continue to investigate the incident.

When asked about Vaughn as a teacher, students said they had never observed her acting unusual or drunk in the classroom, they said she was nice but strict and had tons of school spirit.

Student’s opinions and feelings about their teacher’s arrest seemed to be split.  One former student sided with Vaughn saying, “I mean everybody makes mistakes.  I guess this is hers.  But what she needs is our help, not our criticism.”

An Estero senior had an opposing view,  “[She] needs to learn from her mistakes.  She did it before this is the second time.”  Vaughn had been arrest for DUI in the same county less than a year ago.

With this being Vaughn’s second DUI arrest she is facing tougher penalties such as increased jail time, increased fines, and a longer driver’s license suspension.  She will also have to undergo longer alcohol treatment.  It is in Vaughn’s best interest to hire an experienced DUI defense lawyer to help navigate through this new DUI charge and possibly a probation violation that will arise from her prior DUI.

 

Written by Sarah Ann

 

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