I just need to know whether I have 20 days from when I was stopped and took the blood test, or if I have 20 days from when the blood test results are provided to me. I have not received the results yet, and my Driver's License was not "punched".
If your blood was taken due to the unavailability of a machine or because you were involved in an accident and transported to the hospital, the 20 days to request a hearing will begin when the Department of Licensing notifies you of your right to request a hearing. They will send you notice by mail. Typically, if a breath test was taken, the office gives you notification on the spot because he has the results; however, a blood test is transported from the officer, to an evidence locker then down to the Washington State Toxicology Lab for testing. If you are notified by the DOL about an administrative hearing, your blood test was allegedly over the legal limit according to the toxicology lab. If you are not notified then it wasn't or they didn't receive the lab results from the toxicology lab or the officer never sent in the vials for testing.
Feel free to call me to discuss your matter.
Webb Law Firm, PLLC
They say they have a witness and are looking for a conviction based on a 3rd party. Is this feasable and if so, what might be your approach to a case like this?
Being charged with "driving" under the influence can occur based upon 3rd party testimony; however, without that testimony you could still face the charge of being in Actual Physical control of a motor vehicle while under the influence, but this is not likely because if you were out of the vehicle it could be difficult to prove. Keep in mind the government has a burden to prove you were identified as the driver and that the witness is credible and reliable. I would address the 3rd party by interviewing them and assessing their prospective testimony. I have had many clients charged with DUI even though the arresting officer did not witness my client operate the vehicle. You can call me to discuss your case anytime.
Webb Law Firm, PLLC
Are cyclists held to the same BAC limit and do they have the same rights as drivers of motor vehicles? What about fines and penalties?
You cannot be charged with Bicycling Under the Influence in Washington State, it is not (yet) a crime. The reason is that the bicycle is not a motorized vehicle as defined by statute. Arguably, if you chose to ride your bike rather than drive after drinking you should be applauded. Personally, I would take a cab!
Webb Law Firm, P.L.L.C
I was in a car accident by myself and went off the road and hit a telephone pole. Sheriff said I blew 3X the legal alcohol limit. I was taken to hospital in ambulance. Sheriff said he was going to give me a break and not arrest me, said I would...
If the sheriff processed you, that is you blew into a breath test device at the station, you are most certainly facing a DUI charge. The government has two years in which to file these charges. If you haven't received the $500 ticket in the mail, then it is likely the prosecutor is reviewing your case for additional or enhanced charges. I would need more information to evaluate your case, such as: was your license punched, where was the breath test performed (on the side of the road or at the sheriff's department), if you were taken to the hospital, was a blood draw performed. If you would like assistance, just give us a call:
Webb Law Firm. PLLC
I received a DWLS in Fife, WA earlier this year. I did not receive the additional year of suspension. I also got negligent driving from the original DUI case. I am having serious problems trying to find a job with the DWLS in 2nd degree. Is there ...
Well, if you already entered into a plea agreement, then it is going to be very difficult, if not impossible, to withdraw your plea especially if one year has elapsed. If the Department of Licensing did not resuspend your license you should thank the judge as he has the discretion to recommend against resuspension when a guilty plea to DWLS 2nd is entered. You may be able to have the convcition expunged from your record after the statutorily permissible period of time has elapsed, but it is probably going to take at least another year before you can petition for expungement depending upon how much probation time was imposed (i.e. court's jurisdiction over the case).See question
My drivers license is legally valid but several times now it has NOT been accepted as valid. My case is still ongoing, but is there anything wrong with replacing the license, with another license or just a plane old Washington state ID card?
This is a common problem for those facing DUI charges whose cases have not been resolved. You are free to obtain an ID card at any DOL office, but beware that you may be required to hand over your punched license. You then wouldn't be carrying a valid license on your person if stopped, when in fact you do have a valid license. The punch merely means that this is now a temporary license subject to administrative action (a hearing if you properly requested one within the time frame - 20 days from the date of arrest). I have often suggested my clients print out a copy of their license status from DOL's website to show that their license is actually valid. Many times the officer will punch the license purposefully over the expiration of the license holder which can cause even further problems, then it would be necessary to get a temporary (paper) license or ID card from DOL. DOL will not typically issue you a new license without a punch if you have a pending DUI.See question
hey call can u please help me on 29th of june 09 i was hold for Dui then hand a court hearing on July 2 09 but when went to court they say no charge was file yet what is the statue of limitation on a DUI Charge to be file they did a blood ...
The Statute of Limitations for the government to file a DUI charge in Washington state is 2 years. Typically in DUI cases where a blood draw was taken, it will take a bit longer to file than those where a breath test was taken. The blood is taken in two vials, collected by the officer, placed into an evidence locker, transported to the Washington State Toxicology lab for testing and then the results are provided. This is why there is a delay in your case. It is possible for the case to "slip through the cracks" (government could miss the filing deadline, but this is not likely and few and far between. In Washington state the government has 2 years in which to file a DUI case, so it is likely to have the time to file your case. It is extremely rare for a case to not be filed within the statutory allotted timeframe. You also need to take immediate action to challenge any supsension of your license, as this is a blood draw, it is likely the Department of Licensing will notify you of your right to have an administrative hearing to challenge any suspension of your license should the toxicology results show a BAC of above .08 based on your blood results. At that time, you should contact a competent DUI attorney to assist you with your case.See question
is DUI gross misdemeanor of a felony. what about dwi my next question is do any one ever know of some one dui or dwi case never being file .I went to court on July 2 but they say the case not be been file yet had a blood test done im so ...
A DUI is a gross misdemeanor punishable by up to a year in jail and/or a $5000 fine. Typically in DUI cases where a blood draw was taken, it will take a bit longer to file than those where a breath test was taken. The blood is taken in two vials, collected by the officer, placed into an evidence locker, transported to the Washington State Toxicology lab for testing and then the results are provided. This is why there is a delay in your case. It is possible for the case to "slip through the cracks" (government could miss the filing deadline, but this is not likely and few and far between. In Washington state the government has 2 years in which to file a DUI case, so it is likely to have the time to file your case. It is extremely rare for a case to not be filed within the statutory allotted timeframe. You also need to take immediate action to challenge any supsension of your license, as this is a blood draw, it is likely the Department of Licensing will notify you of your right to have an administrative hearing to challenge any suspension of your license should the toxicology results show a BAC of above .08 based on your blood results. At that time, you should contact a competent DUI attorney to assist you with your case.See question
Eighteen year old arrested for DUI in March. Court date set for June. Then in April, he was arrested for another DUI. He called a bail bondsman both times and was bailed out. He is now threatening to fail to appear in court (in two days) and l...
If the person skips bail, then there is no statute of limitations on the case. The failure to appear prevents any statute of limitation defense. In Washington, a misdemeanor offense for DUI must be filed in two years from the date of arrest. The court is NOT going to forgive him for running away and may penalize him further. Your friend needs to face the music and have counsel present with him at all hearings. Good luck!See question
My son asked his friend who had nothing to drink to drive his car. He was pulled over for a headlight that was out. The officer first gave the driver a breathalyzer, he blew a 0 and my son then blew after him and was over. Is the officer allowed t...
Your son may face a possible Minor in Possession charge, however, in Washington the officer really has no right to question the passenger in a vehicle, especially if he wasn't suspected of any criminal activity. The officer also needed reasonable suspicion to stop and investigate the driver. It would be wise to consult with counsel regarding your son's situation.See question