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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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NFL Player Josh Gordon Charged with DUI

Written by David O
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NFL Player Josh Gordon Charged with DUI

Last week Cleveland Browns wide receiver Josh Gordon was arrested and charged with DUI and timing could not be worse for the star athlete who has had a history of NFL game suspensions because of substance abuse.  According to North Carolina police, Gordon was speeding at 50 mph on a 35 mph road around 3am on Monday July 7th.  Allegedly Gordon admitted to drinking three vodka cocktails but would not comment on any drug or marijuana usage.   Gordon’s blood alcohol content measured at 0.09, just above the legal North Caroline limit of 0.08.  Gordon was arrested, taken to jail, and charged with DUI.  Later that day his buddy Haydn “Fats” Thomas, a convicted felon, posted the $500.00 bail and Gordon was released.

Gordon’s NFL career is on the line with this additional DUI charge.  Currently the 23 year-old is dealing with a possible one year suspension for a failed drug test, and will have an appeal hearing within a few weeks with the NFL Players Association to dispute the drug use allegation.  Last year, Gordon tested positive for codeine and was penalized with a two game suspension and pay withheld from two played games.  Collegiate days were no better, Gordon was suspended twice at Baylor with the second suspension being indefinite due to failed drug testing.  He transferred to Utah were he sat out the entire season because of drug use and failed tests.

Hours after learning about Josh Gordon’s DUI arrest, Cleveland’s general manager Ray Farmer released the statement, “We are aware of the matter and are disappointed to learn of this situation. We will comment further at the appropriate time.”

ESPN Insider, John Clayton spoke about Gordon’s DUI arrest and NFL future, “And this is at time when he is facing a one year suspension and has known about it for a couple of months.  His decision-making seems to be bad. His friends may be questionable and at this stage the Cleveland Browns don’t know if he is going to be able to play, it looks pretty bad for Josh Gordon, at that hearing now he is going to have to add this conversation (recent DUI charge) and there’s a great chance he’s not going to be able to play this year.

Hiring a reputable DUI lawyer will be crucial for Josh Brown and his NFL career.  He will need an a strong defense attorney to negotiate his DUI case down to a lesser charge or best case scenario to be dismissed, for any hope to play in the upcoming season.

 

Written by Sarah Ann

 

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Are You Screwed If You Get Multiple DUIs In 1 Week?

Written by David O
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Are You Screwed If You Get Multiple DUIs In 1 Week?

Are you screwed if you get multiple DUIs in 1 week?  Most would think “hell ya” especially when considering the fact that penalties drastically increase with each additional DUI charge.  With two, three, four DUIs in 1 week that would amount to years in jail, thousands of dollars in fines, and loss of a driver’s license for years, right?

“Wrong, that individual may be able to avoid all those penalties by bundling those DUI charges and entering them into a deferred prosecution ,” according to Senior DUI defense attorney, David O.  A deferred prosecution is a program offered by Washington State that allows individuals suffering from; 1. alcoholism or 2. mental illness and substance abuse, to receive professional help and treatment.  To enter into this program an individual must sincerely believe they suffer from alcoholism or mental illness and substance abuse and it must be their first time entering into a deferred prosecution (an individual only gets one deferred prosecution in their life time).  The benefit of entering into a deferred prosecution is the dismissal of the case upon completion of the treatment program and among other requirements, remaining out of legal trouble for five years.  No jail time or additional years driver’s license suspension.  However, if an individual fails to complete the treatment program or receives a new criminal charge within five years, then their deferred prosecution contract is considered broken and they will be sentenced for their original DUI charges by a judge.

It may seem far-fetched that someone would acquire multiple DUI charges in 1 week, but it does happen.  On February 24, 2014 a man in New Jersey was arrested three separate times for drunk driving, all occurring within a seventeen hour time span.  The third arrest occurred when police recognized the 46 year-old man’s licence plates from the two prior DUI arrests earlier in the week.  The man tried to flee from police but came to an abrupt halt when he crashed into a fire hydrant.  The man was arrested and charged with another DUI, eluding law enforcement, and numerous motor vehicle citations.

If the DUI laws in New Jersey are similar to those in Washington this guy would want to hire an experienced DUI lawyer to review his case and help decide if a deferred prosecution would be a good option.  Before agreeing to resolve any criminal matter you should always be well informed of the terms and conditions of the agreement and the terms of noncompliance if it applies.  Entering into a deferred prosecution has it’s benefits but it is not a breeze to successfully complete.

Written by DUI & Criminal Defense Attorney, David O

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