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: Yes, you can still drive as long as you are properly insured. Your license is valid for at least 60 days following the date of your arrest. You are entitled to a hearing before your license is suspended, however you MUST request a hearing within 30 days from the date of your arrest to contest the administrative license suspension. The Department of Licensing (DOL) must provide you a hearing within 60 days from the date of your arrest. If you fail to request the hearing, you will lose your right to contest the suspension and your license will be suspended on the sixtieth day. 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: If my license is suspended or revoked may I still drive?
A: If your license is suspended or revoked as a result of a DUI conviction or loss of an administrative hearing, you may qualify for an Occupational/Restricted Driver License (ORL). You may qualify for a ORL if your driver license was 1) valid on the date it was suspended or revoked for the offense causing you to apply for this ORL or 2) valid on the date of a prior suspension or revocation that continually prohibited the reissue of a valid license.
Q: What kind of driving can ORLs be used for?
A:
- Work - includes self-employment, WorkFirst, apprenticeship, or on-the-job training.
- School - enrolled in an educational institution and pursuing a course of study leading to a diploma, degree or other certification.
- Court-ordered community service.
- Substance abuse treatment or 12-step meeting, if no transit service is available.
- Continuing your own healthcare, driving to a healthcare provider.
- Providing continuing care of someone who is dependent on you.
- Applying for an apprenticeship or on-the-job training. This type of ORL gives you 14 days to apply for these employment programs.
Q: What types of restrictions are there on an ORL?
A: An ORL restricts the:
- Times of day you may drive (not to exceed 12 hours in a 24-hour period).
- Days of the week you may drive.
- Geographical area where you may drive.
- Vehicles you may drive (limited to vehicles for which you have filed proof of financial responsibility).
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.
Puget Sound Plaza