washington state dui questions

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Travis S Jones

Travis S Jones

Contributor Level 5
I'm not sure what you are looking for, so I will tell you what I tell all the clients I meet with for the first time. Washington has a mandatory sentencing scheme for DUI convictions based on 2 factors. 1) How many prior convictions for DUI you have and 2) the result of the breath or blood test.

A prior conviction must be within the last seven years and is counted from the time the offense was committed. An original charge of DUI that was amended will sometimes count as well. The most common amended charges that count as priors are negligent driving 1st degree, reckless endangerment, reckless driving.

A breath or blood test below .15 is sentenced at a lower level than one at .15 or higher. A refusal is treated as a test above .15 for the purposes of sentencing.

So, a first time DUI with a breath test of say, .11 starts with a mandatory minimum sentence, if convicted, of 1 day in jail and an $866 fine. With a breath test of say .17, the minimums jump to 2 days in jail and $1121 fine. The minimums go up from there. A copy of the sentencing grid can be found here: http://www.spokanecounty.org/data/districtcourt/pdf/forms/criminalinfraction/DUI%20sanctions.pdf

There is also a separate action from the Department of Licensing. An arrestee has 20 days from the date of arrest to request a hearing to determine whether his license will be suspended. If no request is made, the suspension goes into effect. The minimum suspension is for 90 days if you have no prior DUI suspensions and you took the breath test. If you refused the test the suspension is for 1 year. If you have prior administrative suspensions, the suspension is longer.

This is just a basic start to what you need to know about DUI in Washington. If you have more questions, talk to a qualified lawyer
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Sean Bennet Malcolm

Sean Bennet Malcolm

Contributor Level 5
If you are charged with a DUI, consult an attorney ASAP.
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Jeffrey Alan Lustick

Jeffrey Alan Lustick

Contributor Level 5
There are many good websites which explain Washington DUI law. Here is one of the best ones I have seen...

http://www.waduicenter.com/
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Sean Bennet Malcolm

Sean Bennet Malcolm

Contributor Level 5
Here is another source of info:

http://www.valdezdefense.com
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