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Defense Attorney, David O, Answers Your DUI Questions and More – Part 2

Written by David O
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Defense Attorney, David O, Answers Your DUI Questions and More – Part 2

Let’s continue with more commonly asked questions by clients.  Want to read Part 1, link here.

 

Frequently Asked DUI Questions and More – Part 2

Q.  I was arrested and charged with a crime, yet I haven’t received a court date in the mail, what does this mean?

A.  There are a few possible answers to this question; 1) The city, county, or state is still processing the charge and your case will be filed at a later date.  Once filed they will mail you your court date.  They have up to 2 years to do this.  2)  The city, county, or state did mail your court date notice but they did not have your current address.  If you miss your first court date, the judge may issue a bench warrant for your arrest.  Make sure the city, county, or state, and the department of licensing has your correct mailing address.

 

Q.  What is an arraignment?

A.  The first appearance in court is called the “arraignment” or  “arraignment hearing.” At this hearing the individual charged with a crime will be formally told of the crime(s) he or she is accused of and will be advised of their rights.  Additionally, the judge will want to hear the individual plead guilty or not guilty. I strongly encourage every client to plead not guilty at the arraignment hearing.

 

Q.  I just found out I have a bench warrant out for my arrest, what do I do?

A.  If you have a bench warrant out for your arrest, you must have missed a court date or failed to comply with court orders.  Contact me right away so I can make a motion to quash your bench warrant.  When a warrant is quashed it means it has been overturned and no longer in effect.  Generally a judge will quash a bench warrant if you have a valid reason for violating the court order.  If you choose to ignore the bench warrant, it will continue to be in effect and at anytime you could be arrested and taken into custody.

 

Q.  Why should I hire David O Defense for legal representation?

A.  I know I am among the top criminal defense lawyers in this state.  What sets me apart from the other top criminal defense attorneys is my focus and attention to my clients as a whole.  I truly care about my clients and their case outcomes.  I will work harder to achieve the best possible outcome.  Additionally, I make myself available to my clients 24/7 by phone, text, or email, and am willing to travel to my clients if needed.  Lastly, we allow for flexible payment plans to be budget friendly.

 

Have more questions, no problem, give me a call or send me an email, I would be happy to answer them 206-459-6392 or david@davidodefense.com.

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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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I Blew Under .08 Why am I Charged with DUI?

Written by David O
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I Blew Under .08 Why am I Charged with DUI?

what?It’s an all to common story, “I blew into the breathalyzer machine as instructed by law enforcement and my BAC (Blood Alcohol Concentration) result was under the legal limit of .08, and I was arrested for DUI.  I blew under the legal limit of .08, and now I am charged with DUI. What!?”

It’s unfair but true. In Washington State you can still be charged with DUI (Driving Under the Influence) while having a DUI breath test result under the legal limit of .08.

The Revised Code of Washington (RCW) 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..” Affected by intoxicating liquor!? What does this mean? It means the law enforcement officer that is investigating a person for driving drunk may use their discretion to decide if that person’s driving was affected by alcohol at any BAC level and if they decide their driving was affected then they may arrest that person for DUI.  The reasoning behind this is; every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.

Unfortunately, a person charged with DUI with a breath test under the legal limit will still face the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar. Thus, a DUI charge with a breath test under the legal limit should be taken just as seriously as a DUI case with a breath test above the legal limit.

In my personal and professional opinion I don’t believe any driver should be charged with DUI if that person blew under the legal limit, unless something extraordinary happened; such as a car accident etc. It’s very misleading when Washington State advertises that drinking and driving is illegal if your BAC is .08 or above.  The State should be more responsible and honest about drunk driving and change their advertising.  The State should properly inform everyone that they could be charged with DUI at any BAC level if they drove after consuming any alcohol and their driving was affected.

I have represented several people charged with DUI while blowing under the legal limit. Fortunately for those clients we were able to resolve all those cases very well!

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