Stopped by state patrol (SP) and given a breathalizer, I passed. Did not pass sobriety test. SP asked me to submit blood test,refused. SP had passenger drive car to a parking lot (she had no valid drivers license, SP knew this). He drove us down freeway for friend to pick us up. Did not get a citation just paperwork/drivers hearing request. 1month later get letter DOL, suspended license for 1 yr.
Why no citation from SP.
Will I still get criminal charge, it has been one month+ since incident.
Is it worth my time to do the Drivers hearing request. Would anything change.
Do I have a chance to get this dismissed or reduced to something else. Only thing is I have not been charged with anything but refusing a blood test.
Thank you for your response.
DUI / DWI Attorney
I would have several questions for you before I could give you any real substantive advice. However, I can answer some of your questions. It is likely that DUI charges will be filed. If the Trooper filed his report with DOL then he most likely filed one with the prosecuting attorney. Depending on where this occurred, charges could be filed any day or within the next several months (King County is known to delay the filing of DUI charges for up to six months or longer). There is s two year statute of limitations in which the prosecutor must file charges or lose the ability to do so.
I would definitely advise going forward with the DOL hearing. It is unclear from your question but I assume you have already requested the hearing. You have 20 days from the date of arrest to do so. If the hearing is already scheduled, you should be contacting a DUI attorney. You can prevail at the hearing but will almost certainly need a lawyer do to so.
Finally, there is always a chance to get e DUI charge reduced, even dismissed. If you have no prior DUI history, a reduction of the charges is the most likely outcome, assuming that you hire counsel.
DUI / DWI Attorney
I don't practice in WA. Refusing the test is sufficient to suspend your license.
Yes. it's worth requesting a DMV hearing, although if you already got the suspension you may need to do more than just a simple request.
There is always a chance to beat it. You should talk to a local DUI lawyer.
Edward J. Blum
Criminal Defense Attorney
You ask two questions. The first one, regarding the driver's license revocation for one year, YES totally fight that. But honestly, it could be too late to take action through the DOL. You only have 20 days after you get stopped for DUI to request a DOL hearing. It also costs $200 unless you can prove your are indigent.
The second question is whether or not you may be charged with a DUI. I think it's highly likely that you will. If that happens, you will receive a citation in the mail and a summons to attend court.
Has you address changed since this incident occurred? If it has and you accidentally miss the citation and the summons if it comes in the mail, you could receive a warrant and be subject to arrest by the police.
One way to see what is up is to call the county prosecutor's office. At least here in Whatcom County, the prosecutor handles tickets cited by the Washington State Patrol, so by calling that office you can sometimes find out if you have been charged with a crime.
Also it's worth mention that in Washington law, there is a way to avoid the revocation by getting an ignition interlock device. There's many steps in that process, so go here to learn more: http://www.dol.wa.gov/driverslicense/iil.html