Michael P Sheehy's Answers

Old DUI warrants

Yes, a police officer can make an arrest if you have an active warrant. The statute of limitations is tolled while your case is in warrant status. Generally, the police will not actively search for a person that has a DUI warrant. However, you will be arrested if you have incidental contact with a Washington state police officer. You should hire an attorney and set a hearing to quash the warrant.

1 lawyer agreed with this answer

DUI charge when under legal limit

Yes, it is your word against the police officer's word. You have a good case if your breath test was under the legal limit, but you can still be prosecuted for DUI. Most people do not understand that you can be prosecuted even if your breath test is under the legal limit. The State must prove that your ability to drive was affected to any apprecialbe degree. The evidence will consist primarily of the officer’s observations. He will testify about your driving, your performance on the field...

1 person marked this answer as helpful

DUI summons

The Judge will issue a warrant for your arrest on the day that you fail to appear for the hearing. The warrant will remain outstanding until you are arrested by a law enforcement officer or you set a hearing to quash the warrant. Generally, the police will not actively search for a person that has a DUI warrant but you will likely be arrested if you have any contact with a Washington state police officer. You should attend all court dates and contact an attorney to discuss your case.

1 person marked this answer as helpful

DUI on a military base

Military bases are very strict about driving under the influence cases. As you well know, you are required to show your identification to a Security Force member before you enter any military installation, including Fort Lewis. They will investigate you for DUI if they smell the odor of alcohol on your breath and suspect you are operating a motor vehicle under the influence. They can cite you for a DUI or even call the local authorities to process your case. A civilian who violates a...

1 person marked this answer as helpful

Sue the bar

In Washington, a bar or bartender has a duty of care toward the patrons it serves. A drinking establishment can be liable for damages if they serve an obviously intoxicated customer who subsequently injures himself. A person or company that is in the business of selling alcohol can be held liable for injuries caused by the intoxicated patron–adults or minors. This is one reason that bartenders will stop serving customers who are visibly drunk. But, these statutes do not generally apply to...

Jail time for third DUI

The State of Washington has mandatory minimum sentences for DUI convictions. The sentence will depend on whether the alcohol concentration was over or under a .15. The mandatory minimum sentence for a third DUI within seven years is 90 days of confinement and 120 days of electronic home monitoring if the breath test was under a .15. If you refused the breath test or it was over a .15 than you will serve a minimum of 120 days of confinement and 150 days of electronic home monitoring. The...