DUI Frequently Asked Questions

Washington DUI laws are complex and the penalties are some of the toughest in the country, so it is important to select an attorney who is familiar with the current law pertaining to your case. The information below is provided only as a guideline. For a proper evaluation of your case, please contact us for a free consultation.

Q: I was arrested for a DUI, but never given a court date, what should I do now?

A: Contact an attorney. Under Washington law, the prosecutor has two years from the date of the arrest to file a charge of Driving Under the Influence. If you are charged with a DUI, you will be contacted by mail. Therefore, if the address on your driver's license is different from your current address, it is important that you contact us so that we can assist in preventing a missed hearing.

Q: How long will it take for charges to be filed?

A: The time for a charge to be filed varies for each court. If you were arrested and released the same day or night, you should be sent a notice by mail, to appear at a future date. No matter when you may be charged, you should see an attorney regarding your specific case. Each case is different; please contact us for detailed advice regarding your specific situation.

Q: My breath test was over the legal limit. Shouldn't I just plead guilty?

A: No. The breath test result is only ONE piece of evidence that the prosecutor uses to prove that you operated a motor vehicle while under the influence of alcohol. We understand the police report does not always tell the whole story. Every case requires individual review because every case is different. A competent DUI attorney can lessen the effect of even the most difficult cases. At Guadagno O'Sullivan two attorneys review every case.

Q: I refused the breath test at the police station. What does that mean?

A: While refusing the breath test increases the mandatory minimum jail sentence and fines, as well a longer license suspension/revocation, there are legal options to handle even the most difficult case. During your consultation we will discuss your options and the details of your case.

Q: My breath test was under the legal limit, can I still be charged with a DUI?

A: Yes. Under Washington law you still may be charged, depending on the other facts of your case. The prosecuting attorney can still charge you if they believe there is sufficient evidence to show that your ability to drive was impaired despite your breath test being under the legal limit. You still need legal representation to protect your rights. Since each case is unique, an attorney will be able to point out the strengths of your case.

Q: There's a hole punched in my license, can I still drive?

A: You are entitled to a hearing before your license is suspended, however you MUST request a hearing within 20 days from the date of your arrest to contest the administrative license suspension. Unless you send in the hearing request form (and pay a $200 fee, unless indigent) within 20 days of your arrest, you will lose your license and have no right to appeal! (In blood test cases, the 20-day time period commences on the day DOL mails you notice of your blood test result)

Department of Licensing (DOL) must provide you a hearing within 60 days from the date of your arrest. If you are not certain the status of your license, contact our offices for more detailed information. We handle both the criminal and administrative aspects of your DUI case.

Q: Should I still request a hearing with DOL to fight the administrative suspension even though I may be eligible for the Ignition Interlock License?

A: Yes, please contact our office to discuss your options. If you prevail with your DOL hearing, you may save yourself from the requirements of SR-22 insurance and installing the ignition interlock. If you do not prevail, you will still be eligible for the ignition interlock license. Remember, once you are granted the ignition interlock license, you lose the right to a hearing or any appeal.

Q: If my license is suspended or revoked may I still drive?

A: You may be eligible for a Ignition Interlock License (IIL). Starting January 1, 2009 you may apply for an IIL at any time, including after being arrested or after your DOL revocation hearing. However, if you obtain the Ignition Interlock License you waive your right to a hearing on your license suspension or revocation. The IIL allows the driver to drive without limitation to time or geography for the length of the suspension/revocation.

Q: Who is eligible for the Ignition Interlock License?

A: To be eligible for an IIL, your driving record must show that:

• You have been arrested for, or convicted of, an alcohol-related DUI or Physical Control.
• You have had a valid driver license.
• You haven't been convicted of vehicular assault or vehicular homicide within 7 years before the incident for which you are requesting an IIL.
• Your current suspension or revocation isn't for, or doesn't include, Minor in Possession, Reckless Driving reduced from an alcohol-related DUI, Vehicular Assault, Vehicular Homicide, or Habitual Traffic Offender.

Q: How to apply for the Ignition Interlock License?

A:

1. Install an ignition interlock device in every vehicle you drive. The installer will send us proof that the devices have been installed.
2. Get proof of financial responsibility, such as a Certificate of Insurance (SR-22). An insurance agent can help you with this requirement.
3. Complete an Ignition Interlock Driver License Application.
4. Submit your completed application with a check or money order for the application fee:
   • in person at any driver licensing office.
   
   OR
   • by mail to: Driver Records
     Department of Licensing
     PO Box 9048
     Olympia, WA 98507-9048

   The DOL will let you know in writing if your application has been approved or denied.

Fees and costs
You are responsible for paying all the IIL fees and interlock device costs, including:

• the cost of installing, leasing, and removing an ignition interlock device.
• the cost of maintaining proof of financial responsibility (usually an insurance certificate).
• the IIL application fee (non-refundable).
• the monthly Ignition Interlock Device Revolving Account fee used to help low-income drivers with the cost of an interlock device. ($20.00 per month fee)

Help for low-income drivers
You may be eligible for assistance if you cannot afford to pay the costs of installing, leasing, and removing an ignition interlock device in the vehicles you drive. To apply for financial help, complete and submit an Ignition Interlock Device Financial Worksheet. You may apply once each year.

Q: In what vehicles must a driver with the Ignition Interlock License have the ignition interlock installed?

A: While driving with an IIL, you must maintain an interlock device on all vehicles you drive, including employer's vehicles you drive during work hours. You cannot drive a commercial motor vehicle while you have an IIL.

Work vehicles
If you drive vehicles owned by your employer during work hours, the vehicles must be equipped with an interlock device. However, this requirement may be waived if your employer signs an Employer Declaration for Ignition Interlock Waiver. You must send us a copy of the signed declaration before you drive your employer's vehicles, and you must carry a copy of the declaration with you whenever you drive a work vehicle that isn't equipped with an interlock device.

Q: If my commercial driver's license has been disqualified due to a DUI, can I drive a commercial vehicle with the Ignition Interlock License?

A: No, unfortunately commercial driver's licenses are not covered by the IIL.

Q: What happens if a driver violates the terms of the Ignition Interlock License?

A: It is a criminal offense punishable up to 6 months in jail and up to a $2,500.00 fine pursuant to RCW 46.20.410.

Q: How is our firm different from other law firms?

A: We understand what our clients are going through and treat them as real people, not just someone who is a part of the system. We understand the pressure you are under and the fear of not knowing what is going to happen in your case. We will do all we can to keep you apprised of what is occurring with your case and to answer any questions you may have. We invite you to set-up an appointment to meet with one of our attorneys to put the fear of the unknown to rest.