Most often a defendant will file a waiver if their attorney needs more time to prepare and/or negotiate the case. Generally cases are continued at least once or twice, requiring a waiver.
The recent amendment of the Criminal Court rule for time for trial makes it very difficult for a defendant to actually get a case dismissed because of a violation of speedy trial. I suggest you consult your attorney.
There's more information that we'd need in order to adequately answer your question, although you shouldn't be giving that information out over the internet.
You should consult with an attorney immediately to discuss every aspect of this case.
Just because you "didn't" make the computers crash doesn't mean you can't be charged and possibly convicted of it.
Consult with an attorney immediately.
You will be getting something in the mail.
You do NOT need to be above .08 to get a DUI in Washington State. That's ONE of two ways to do that. The other way is to have your ability to drive be affected to any degree by drugs and/or alcohol. Which they can and will charge you with.
You need a skilled DUI attorney immediately.
Here's the issues in play here.
1) They're going to say you deliberately didn't blow enough, and so, call it a refusal by "conduct".
2) That being said - there are good issues you've presented that may help your attorney to get your refusal suppressed, or perhaps make a good trial case out of this - both at the DOL hearing AND in court.
You need a skilled DUI attorney as soon as possible!
Feel free to call me for a free consultation - 425-424-9401.
Len's advice is sound.
The reason they took his blood is that if you refuse, they're allowed to get a search warrant for your blood. Sounds like you need a skilled DUI attorney as soon as possible - especially considering the DOL implications.
First of all - you're missing some important information.
1) Although your doctor and pharmacist say it's okay to drive on medication - the law says that if the medication affects your abilities to drive TO ANY DEGREE, it's a DUI. Even if they're legal medication.
2) Your charges are not being dropped. Pursuing a deferred prosecution is telling the court that you committed the DUI, but did so because of your mental health issues. If you complete the terms, the case is THEN dismissed. But...
There are HUGE differences between DUI and Neg 1 - not the least of which is MANDATORY jail time, MANDATORY license suspensions, MANDATORY Interlock devices, and more! You definitely need to consult with a skilled DUI attorney immediately so that you can get to work on hopefully getting a great result on your case. I'd be happy to discuss it with you.
Both of my colleagues are correct - you are facing serious criminal charges, as well as SIGNIFICANT licensing consequences. The important thing to realize is that a DUI conviction CAN NOT be vacated or expunged.
You need skilled legal help immediately!
Feel free to call my office for your FREE CONSULTATION at 425-424-9401.
You should immediately consult with an attorney in your area who is experienced with the DOL. There may be ways to avoid the suspension, as well as ways to get a temporary license so you can continue to drive, even if your license is suspended.