Daniel Joseph Gerl’s Answers

You should retain an attorney to help you with this. If your probation department says they have treatment completion reports, then I can't think of why they wouldn't also have a copy of the assessment. They wouldn't likely have accepted treatment reports without one, they would have noted you up for a probation violation hearing, etc. So check with them on that - if they have the assessment and the completion report, that should go to DOL, and it sounds like that might actually clear up your...

First of all, based on the limited amount of information you've provided, nothing is certain OTHER than that you should consult a local (OKAN CO) DUI attorney asap. "There are going to be 2 counts of vehicular assault and a DWI or DUI" - I assume you expect 2 counts because two individuals were injured? If so, did they suffer "substantial bodily injury" which is the standard for VehAslt? I've represented a number of clients who were arrested for Vehicular Assault but eventually charged with DUI...

It's unclear how long ago this happened - if only a few days ago, and depending on the circumstances, an attorney experienced in DUI defense might suggest you obtain an ETG test through a state certified agency. ETG testing can screen for alcohol consumption up to 96 hours before the test; a clean ETG taken within a day or two of the UA you missed will help show that you didn't miss it because you knew you had something to hide. Your account, however, sounds as though more time than that has...

If you are able to afford an attorney you shouldn't have a public defender to begin with. Public defenders are generally very skilled attorneys though they also have caseloads far greater than private attorneys. If you have the means, you should hire an criminal defense attorney who dedicates a great deal of his/her practice to DUI defense. Rarely if ever will a court deny a request by an incoming attorney to continue a case, regardless of whether it is already set for trial. Assuming you make...

Consult with an attorney who focuses on DUI defense in their practice. AVVO is a good resource to review such attorneys at a glance, once you get a feel for two or three call to schedule a free consultation (most like myself offer them).

As has been said on here several times, you need to consult with a local DUI attorney who handles cases not only with similar facts as yours (high BAC with possible procedural complications) but if possible, who practices in the court where your case is assigned. I can tell you from experience that Seattle Municipal Court (where it appears yours is assigned) and the prosecuting attorney's office there, have their own particular procedures and cultures and that will play a pretty significant...

Under Lautenberg, it would be unlawful for someone convicted of any misdemeanor DV offense, including MM3, to "ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." 18 USC § 922 (d)(9). Under RCW 9.41.040 (2)(a)(i), however, a conviction for either of these offenses as you've described them (MM3 DV, non-DV Assault 4)...

"Yes" - if you mail in your request for a contested hearing within 20 days of the arrest (or notice given, if a blood draw case) then your license will be temporarily extended beyond the 60 day mark, and valid until after the hearing and a ruling is issued. Depending on whether or not your attorney (or you) continue the first hearing, that will likely be well beyond the 60 day mark. This is of course only as long as your license is otherwise valid.

It's going to come down to the evidence in your case, as well as several collateral factors (your prior history if any, what court is your case assigned to, the culture of the prosecuting attorney's office handling the case, etc). re: evidence - did the officer have a lawful basis to stop/contact you? To extend his/her detention of you with the request for field sobriety tests (if in fact requested)? Probable cause to arrest you? Did he/she follow all the required steps of the BAC protocol?...

Charges can be brought against you regardless of whether or not the arresting officer issued you a citation. In most jurisdictions, the officer refers the incident to the prosecuting attorney's office. Charging can take a day in some cases (Federal Way) and up to several months in others (King County). Factors that can affect how soon the PA files the case include whether the DUI involved a breath test or a blood test; in the latter case it usually takes longer to file as the PA will usually...