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Let’s Talk – DUI Penalties

Written by David O
4 Comments
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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DUI Follow Up – Lamar Odom Pleads “No Contest”

Written by David O
2 Comments
DUI Follow Up – Lamar Odom Pleads “No Contest”

Apparently, L.A. prosecutors and judges are “Lammy” fans because they gave the 6’10” pro basketball player a decent deal for his DUI (driving under the influence) charge he acquired back in August.  The deal – Lamar Odom  plead “no contest”, aka “guilty”, to the DUI charge today in court and in return he was sentenced to 3 years of probation, required completion of a three-month alcohol education class, and ordered to pay $1,800.00 in court costs and penalties.  “Nolo contendere” is a legal term that comes from the Latin for “I do not wish to contend.” It is also referred to as a plea of of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty.  A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.

What does this mean for 34-year-old Lamar?  For starters, Lamar will have a DUI on his criminal record.   No vacations to Canada for Lamar!  FYI – Canada does not allow individuals convicted of a DUI into their country for 10 years.  Secondly, Lamar will have to keep his hands clean for three long years while on probation.  If Lamar is convicted of any new criminal charge  or caught consuming any amount of alcohol while on probation, Lammy will be in violation of his probation and will have enhanced criminal punishments.   Thirdly, Odom must complete the three-month alcohol education class by June 9th 2014.  These classes take up time and money, but Lamar has plenty of both, so completing this class shouldn’t be an issue, maybe he will even learn something while there.  If he fails to complete the class by June 9th, Lamar will have to return to court for violating court orders.  And lastly, Lamar will need to pay $1,800.00 to the court system for fees and penalties which is pocket change to the millionaire pro athlete, who unlike most athletes saved the majority of his millions.

How is this a deal for Odom?  By taking this deal, Lamar avoids having to go to trial.  Generally, when an individual decides to take their case to trial they are subjected to increased consequences if they are found guilty.   Preparation for trial can be lengthy and can continue a case for months, by taking the deal, the case is done and over.  Lamar also avoids any time behind bars.

Good luck Lammy, you have a long three-years ahead of you.  Your best chances to avoid probation violations are to stay out of the lime light, use your long legs to run from paparazzi, and no more drunk driving.

Want to know more about Lamar Odom’s August 2013 DUI arrest, read my previous blog, Lamar Odom Faces Alcohol and Drug DUI Charge.

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Written by S.O

 

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Mark Mullins Pleads Guilty To Seattle DUI Fatalities

Written by David O
1 Comment
Mark Mullins Pleads Guilty To Seattle DUI Fatalities

Remember the terrifying incident of repeat drunk driver, Mark Mullins,  plowing his pickup truck into the family crossing the street in the Seattle neighborhood of Wedgewood.  The DUI crash killed both grandparents, Dennis and Judy Schulte, and critically injured their daughter-in-law, Karina Schulte, and newly born grandson, Elias Schulte.

This past Thursday, 51-year-old Mark Mullins pleaded guilty to all five criminal charges filed against him; 2 counts of vehicular homicide (DUI), 2 counts of vehicular assault (DUI), and failure to comply with court ordered installation of an ignition interlock device.  Originally, Mullins plead not guilty to the DUI charges, however, he changed his plea to guilty in order to take advantage of a lower sentencing recommendation by the State.   State prosecutors have made a recommendation of 18 years of prison for Mullins’ DUI charges, a term too short and unjust for Dan Schulte, husband to Karina and father to Elias, who had hoped for a sentence of life in prison.

During the court disposition, Dan Shulte expressed his feelings on Mullins changing his plea to guilty, “While nothing can undo the damage to our family created by Mr. Mullan’s destructive choice to drive while intoxicated, we’re relieved that he’s decided to accept responsibility for his actions.”

Mark Mullins has had a long history of alcohol and drug abuse.  In the early 1990’s, Mark was arrested three times for DUI, and twice for DUI in 2012.  Allegedly Mark has had an addiction to heavy drugs, such as cocaine, of which cost him his marriage and job as an electrician.  His ex-wife claimed court ordered DUI education classes and alcohol sobriety programs were ineffective for Mark as he could only stay sober for 60 days until binging again.

“I hope he gets the treatment that he needs, so that when he does get out, that this doesn’t happen again,” said Marilyn Schulte, sister to Dan, who stood by her brother’s side during the court proceedings.

Mark Mullins is due back in court on November 15th for sentencing where the judge may follow the State’s recommendation of 18 years in prison or the judge could impose a longer sentence.

Fortunately for Dan Schulte, his family’s health continues to improve in big ways.  Karina, who suffered a severe stroke as a result of the accident, is now able to walk, recognize people, and communicate with limited speech.  Karina is still undergoing rehab to work on speech.  Baby Elias’s recovery has been miraculous as he is acting normal for his age but still suffers from limited vision.  Baby Elias is scheduled for a second brain surgery early next year.

 

Written by S.O

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