First of all, if you’ve been arrested on a DUI charge, one important thing to remember is that it’s never too late to hire Findley & Rogers as your DUI attorneys.  Even those with DUI arrest that seem to be unwinnable open-and-shut cases should think twice about neglecting their rights.  By hiring the expert attorneys at Findley & Rogers, you are arming yourself with some of the most experienced and specialized lawyers in the entire state of Washington.  Findley & Rogers are experts at tearing apart the DUI case against you.  By examining everything with legal relevance, from your blood alcohol levels and the time of the arrest to the way the Seattle-area police officers and other enforcement agencies conducted themselves, Findley & Rogers can help uncover and exploit any holes in the prosecution’s case against you.  In fact, the burden of proof and the burden of conducting procedure properly is the mostly responsibility of the police, and if they fail to produce legitimate evidence collected in correct ways, then your case might be thrown out or the charges reduced.  In short, don’t risk taking on the city of Seattle or the state of Washington on your own, especially when it comes to something as permanent and potentially damaging as a DUI charge.

If you have been arrested for DUI in Washington State, it’s likely that you might have spent a little time in jail and had some sort of preliminary hearing in front of a judge.  Ideally, you should be in touch with Findley & Rogers Seattle-based DUI attorneys as soon as you know that you are being charged with at DUI. But even if you’ve already gone through those first parts of a DUI arrest in Washington, there is still plenty of legal maneuvering and work to be done.  No matter what the police may have told you about your case at the time of your DUI arrest or during your DUI booking at a Washington State, jail or law enforcement facility, it may not be correct.  So while it’s important to take note of everything they say, don’t let them fool you into neglecting your individual rights and make sure that you contact a Seattle DUI Attorney.

By hiring Findley & Rogers Seattle DUI lawyers, you are taking an important first step in getting over this difficult time in your life and moving past all of the drama associated with it.   Findley & Rogers professional legal staff and highly specialized DUI attorneys take a multi-pronged approach to defending you from a DUI charge in court Seattle or Washington State courtroom.  First off, the firm looks at you short-term predicament and develops legal options to help keep you safe and out of jail for as long as possible. This step also involves engaging a client’s family and work, if necessary, to help make logistical arrangements.  Simultaneously, the pro team of lawyers at Findley & Rogers Seattle office will go to task collecting evidence and statements about your DUI case to bolster your defense with a solid legal strategy.  In some instances, glaring omissions or unclear pieces of information can lead to a speedy dismissal.  For other cases, the upfront data collection and research can help lead to tactical advantages in the courtroom.  Each case and each individual DUI arrest is unique, and Findley & Rogers set out to make every clients defense as strong as possible, thereby increasing the chances of a favorable outcome.

Another aspect of the expert Seattle DUI legal defense available from Findley & Rogers is the forward-looking, long-term outlook for our clients legal record and driving privileges.  Depending upon the situation and your driving history, a DUI conviction could mean suspension or even revocation of your driving privileges.  For those working in and around Seattle that rely on their cars to help them make a living, this can be disastrous.  That’s why the crack team of Washington state DUI lawyers at Findley & Rogers assesses all pieces of evidence to try and carve out a defense plan that takes into account the future driving needs of clients.

Fighting a DUI in Seattle is a serious undertaking.  The police will try and stack the evidence against you as much as possible.  That’s why it’s crucial to explore your legal options to the fullest.  There are very specific parts of the law and the penal code behind DUI convictions in the state of Washington, of which many people are unaware.  Considering the gravity of the situation, it’s vital that you know all of your options before you make any irrevocable decision in your DUI case.  The sooner Findley & Rogers DUI lawyers are contacted in the course of a DUI, the sooner they can help guide clients to make informed and logical decisions.

Findley & Rogers team of expert DUI lawyers takes an aggressive approach toward defending clients rights under state law and fighting DUI charges.  The team of experienced DUI attorneys covers every legal aspect of the case, from initial arrest circumstances and booking experiences to strategy-making and in-court defense.  And the teams’ many years of experience handling DUI cases around the city of Seattle has made them extremely savvy about the inner workings of courts and the legal system here in the city and the greater Western Washington area.  As such, the expert Seattle DUI attorneys at Findley & Rogers scrutinize every case in the context of their client’s lives.  Each client’s legal history, and any reliance or dependency on drugs will be taken into account, for which there are both potential consequences to defend against and potential opportunities to exploit.  In some instances, the law has provided some leeway to people on an individual basis.  For instance, completing an alcohol or substance abuse treatment program can sometimes be used to persuade the court to dismiss a DUI charge or reduce the sentence.   By looking at all of the legal options for our Seattle-area DUI defendants and pursuing every potential lead or crack in the prosecution’s case, the legal professionals at Findley & Rogers can help protect clients in both the short term and the long term.

At Findley & Rogers Seattle office, professional DUI attorneys defend client’s rights to help them pursue the best path for their particular situation.   In some instances, it may turn out that entering a guilty plea before going to trial is a client’s best choice because the prosecuting attorneys may be willing to negotiate a reduced charge.  Again, the upfront legal work by Findley & Rogers can help set up a more favorable negotiation if a guilty plea is necessary. But if the state of Washington or the city of Seattle thinks they have a very strong case and a high chance of conviction, then they will likely want to take your DUI case to trial. Still, this is not the end of the fight to beat your DUI charges.  Findley & Rogers DUI trial lawyers specialize in courtroom proceedings in the Seattle area, having deep knowledge of complex statutes involved with DUI laws.  No effort will be spared in the trial phase to win a favorable opinion from the court.

Findley & Rogers can also help you explore some options for deferred prosecution in your Seattle DUI case, which can allow defendants to remain out of jail and continue driving, albeit with some restrictions.  By mapping out the paths you can take to fight your DUI case in Washington, Findley & Rogers allows clients to explore potential deferral rulings that include alcohol and substance abuse treatments.  Other DUI deferral arrangements in Seattle include in-car devices that prevent you from driving while intoxicated.

And even after all dismissals have been awarded, prosecution deferrals arranged, plea deals or cases taken to trial, Findley & Rogers continues to look out for the legal wellbeing of the firms’ clients.   By making sure that all legal obligations are met and all future court dates are kept, the DUI pros at the Seattle firm make sure that any gains made during the plea negotiation or deferral stages will remain intact. No matter what stage of your DUI case you may be at and no matter what the situation, it’s important to be protected.  Findley & Rogers specializes in Seattle and Washington DUI defense and can help you figure out your best strategy for fighting your personal DUI predicament.

As our societal attitudes towards marijuana slowly change the laws that control its possession and use often lag behind. Even as they change, they often create a complicated series of differing levels of legality that can even confuse attorneys. You do not want to become one of the many Seattleites that have found themselves in the back of police cars saying “But it is supposed to be the police’s lowest priority…”

You may have heard stories like this one http://www.seattlepi.com/local/article/Raid-of-medical-marijuana-patient-raises-735328.php about police raiding the home of a man that was growing a small amount of marijuana for personal medical use even though the man was authorized to do so by his doctor and Washington State law.

If you are considering growing marijuana for your own use, or if you have been accused of illegally possessing marijuana the experienced attorneys of Findley & Rogers can help you understand and protect your rights.

-          Officers do not have a right to search your home, your car or your person without probable cause. You should not consent to a search until you are shown a valid warrant.

-          You have the right to speak with an attorney if you are being arrested. Always ask for an attorney as soon as you placed under arrest. After you ask for an attorney the police are required to stop questioning you.

-          Never miss a good opportunity to shut up. Anything you say to an officer can and will be held against you in court. Nothing you say to an officer will be able to help you in court.

No matter what you may have heard, being convicted of possessing even a small amount of marijuana is serious, and will have a lasting impact on your life.

-          Possession of less than 40 grams of Marijuana is considered a misdemeanor and comes with all of the following penalties and more:

• You may be sentenced up to 90 days in jail.
• You may be fined up to a $1000.
• You will have a conviction on your permanent record that can prevent you from getting a job, a loan, an apartment, and even student loans.

-          Possession of more than 40 grams is a felony and depending on the specific facts of your case and your criminal history you may be facing:

• Up to 5 years of prison.
• As much as $10,000 in fines.

You may know people who have been arrested for possession of marijuana that were offered no jail time in exchange for pleading guilty. This may seem like a good deal when they take it, but they will regret it when they cannot find a job or get financial assistance to go to school. The harshest penalties of being convicted of possession of marijuana are almost never those imposed by the courts, usually the penalties imposed by society have a much more lasting impact on your life.

An attorney that is experienced with marijuana possession cases can do all the following for you:

-          Ensure that the police conducted their investigation appropriately.

-          Make certain that you do not get strong-armed into an unfair deal.

-          Negotiate with the prosecutors to protect your interests.

-          Take your case to trial with skill and confidence.

You have rights, but they will not help you unless you know what they are, and how to protect them. Call Findley & Rogers today for a free consultation.

*Every case is different, Findley & Rogers cannot legally make any guarantees about the outcome of a case. Nothing in this article has created an attorney/client relationship.

If you apply for an Occupational/Restricted driver license (ORL) in the state of Washington you will be required to carry SR-22 insurance. If your attorney was effective in getting your initial DUI charge lessened to that of a Reckless Driving charge you are still mandated by state law to carry SR-22 insurance for the same period of three years after your license has been reinstated. If, however, you get the charge lessened further still to a Negligent Driving charge or something of a similar nature or you get the charge of a DUI dismissed completely you will not be required to carry SR-22 insurance. The same is true if you submitted to a breath sample at the scene of a DUI and entered into deferred prosecution.

SR-22 insurance is incredibly expensive. It is recommended that you contact various insurance agencies in order to negotiate the best price possible.

Seattle DUI Car Crash

If the IID detects a BAC over .02% it will initiate a warning noise so that the driver may safely pull onto the side of the road at which point the car will shut down. Not only does the machine render the car immobile but it keeps a record of all breath samples collected. All activity is reviewed by the IID company and any results over .02% will be reported to the authorities. If such an event occurs the court will place additional limitations on the driver of the vehicle, such as additional fees and increased jail time.

The cost of an IID is substantial. Not only are there generally installation and activation fees that range from $50-$100, but there are also monthly fees around the same amount.

Anyone convicted of their first DUI within the state of Washington must have an ignition interlock device installed in their car for a period of one year. Anyone convicted of their second DUI within the state of Washington must have an ignition interlock device installed in their car for a period of five years. Anyone convicted of their third DUI within the state of Washington must have an ignition interlock device installed in their car for a period of ten years.

Seattle Ignition Interlock Device for DUI Cases

Washington Implied Consent Law

In the state of Washington driving is a privilege, not a right. The state maintains the right to put any provisions that are not considered unconstitutional nor discriminatory on obtaining or maintaining a driver’s license. When anyone applies for a driver’s license in the state of Washington they are required to sign documentation agreeing to submit to a chemical test evaluating blood alcohol content (BAC) in the case that they are arrested for a DUI, Physical Control or Minor DUI. This means that by driving within the state you have already given implied consent to taking a test measuring your BAC. You have the right to refuse to submit to a chemical test but doing so will result in the immediate revocation of your driver’s license as stipulated by Washington state’s Implied Consent Law (RCW 46.20.308). If you do in fact submit to the chemical test and are found to be over the legal limit of .08% BAC if you are over the age of 21 or .02% if you are under the age of 21 then your license will be suspended by the Department of Licensing for a minimum of 90 days.

Any action taken by the Department of Licensing is considered civil and separate from any actions taken by the court, which are considered criminal. Regardless if the court finds you not guilty or dismisses the charges for any other reason you can still face suspension or revocation of your license from the DOL. The conviction of a DUI from the courts and the preservation of your license from the DOL work independently from one another.

Steps Following a DUI Arrest

Once you are placed under arrest you will be taken to the station. At the station you will either submit to a breath test and blow over the legal limit or you will refuse to do so, as you have the right to do. Under either circumstance your Washington State driver’s license will then be punched and thus becomes temporary. You are still legally allowed to drive until the 61st day after your arrest at which point your license will either be suspended or revoked. This suspension or revocation will happen automatically unless you have requested a hearing to dispute it. You have twenty days after your arrest to file such an administrative hearing. If you do not file within twenty days or do not pay the $200 fee required for the hearing your license will be suspended on the 61st day. Since time is so critical it is in your best interest to contact a DUI attorney immediately following an arrest.

Administrative Hearing

After you have requested your hearing you and your attorney will be notified as to when it will take place. It will be scheduled within sixty days of when the arrest took place. The hearings are presided over by a randomly assigned hearing examiner, not a judge, and the event is done telephonically. The administrative hearing resolves whether or not the arrest was lawful, if the officer had grounds to believe the driver was driving under the influence, if the driver was advised of their rights and if the driver was found to be over the legal BAC or refused a chemical test to determine if their BAC. The arresting officer is not required to testify at the hearing unless the driver has made a request for them to do so. The driver is also not required to be present or give testimony if they wish to waive their presence and instead be represented solely by their attorney. Generally the hearing examiner will issue a written conclusion within a week of the hearing, though depending on the examiner it can take a matter of months. Until a conclusion has been reached the suspect is legally allowed to drive.

Ultimately the hearing attempts to determine if the four legal questions spelled out above have been answered affirmatively. If they were the examiner sustains the Department of Licensing’s decision to revoke the suspect’s driving privileges, if not they dismiss the Department of Licensing’s decision to revoke the suspect’s driving privileges and reinstate the suspect’s license. Those are the only two potential outcomes of the hearing which is why it is so critical if you are facing a suspension or revocation of your license to consult an attorney.

Seattle DUI Attorney 123

Motions to Dismiss

Dismissal of the charge due to the fact that the officer didn’t have a legitimate reason to pull over the suspect in the first place

Dismissal of the charge due to the officer having pulled over the suspect based off of unsubstantiated information provided by an unreliable witness

Dismissal of the charge due to the fact that the officer didn’t have probable cause to detain the suspect or make the arrest

Dismissal of the charge due to corpus delicti, a legal principle that maintains it must be proven that a crime has been committed in order to accuse someone of committing the crime. This relates to DUI charges in that it must be possible to prove that the suspect was indeed driving the car through means aside from their own admission of guilt such, as through verification by a witness or evidential proof

Dismissal of the charge due to the suspect’s right to counsel not being recognized

Dismissal of the charge due to the prosecution not being able to prove that the alcohol consumption that was shown through the alcohol test was not consumed after the arrest but prior to the administration of the test

Dismissal of the charge due to the suspect not being allowed to additionally have their own blood or breath test administered

Dismissal of the charge due to prosecution not satisfying the mandatory filing requirements as established by state law for a DUI charge

Dismissal of the charge due to charging documents being found defective

Dismissal of the charge due to insufficient facts or evidence to prove guilt beyond reasonable doubt necessary to find a guilty verdict for a DUI charge

Dismissal of the charge due to a violation the suspect’s right to a speedy trial
Motions to Suppress

Suppression of statements due to a violation of the 5th Amendment that protects against the abuse of governmental authority and guarantees a due process of law in a legal proceeding

Suppression due to a violation of the suspect’s Miranda rights

Suppression due to the officer not obtaining voluntary consent that is required in order to administer a field or portable sobriety test

Suppression due to refusal to submit to field sobriety tests

Suppression of portable breath test due to failure to adhere to proper protocol

Suppression of the results of the horizontal gaze nystagmus test (HGN or eye test) due to the test not being administered by a certified drug recognition expert, as required by law, or for use of the test as the only means to establish proof of alcohol or drug consumption

Suppression of any evidence collected after the use of any speed measuring device

Suppression of any evidence collected after failing to be advised of the right to counsel

Suppression of breath or blood tests used as evidence due to the officer failing to advise the suspect of implied consent warnings

Suppression of breath or blood tests used as evidence due to the suspect communicating confusion about the implied consent warnings but the officer failed to further clarify the implied consent warnings

Suppression of breath or blood tests used as evidence due to the fact that the officer interfered with the suspect’s rights to additionally have their own blood or breath test administered

Breath Test Challenges

The test was not administered according to proper protocol

The test was administered by someone who was not certified to do so

The machine that the test was administered using was broken or malfunctioning

The fifteen-minute period where the suspect must be observed prior to the administration of the test was not enforced

The suspect had something in their oral cavity during the administration of the test

Washington State DUI Lawyer

DUI Charge

A DUI is determined by evaluating the blood alcohol content (BAC) of someone suspected of driving under the influence. Having a BAC of .08% or higher if you are over the age of 21 or .02% or higher if you are under the age of 21 constitutes being over the legal limit.

If you are pulled over for being suspected of driving under the influence you may be asked if you have been drinking or doing drugs, you may also be asked to take a field sobriety test and or a breath test. If you are placed under arrest you could be asked to take a blood test back at the station. You have the right to refuse to take a breath or a blood test but doing so will mean your license is automatically revoked for one year as stipulated by Washington State’s Implied Consent Law.

License Suspensions

If you are charged with a DUI in Washington State your license will not be suspended immediately but once the suspension does go into effect it could be suspended anywhere from ninety days to four years depending on your criminal record and BAC while driving. If you don’t have a license in Washington at the time of your arrest there will still be record of your suspension maintained by the Washington State Department of Licensing. If you carry a driver’s license in a state outside of Washington and are charged with Driving Under the Influence your charges will also be sent to that state and they may choose to suspend your license or take other action according to their state law.

Appealing a License Suspension

If arrested for a DUI you have twenty days to request a hearing. You may do so online at The Washington State Department of Licensing’s website or by filling out a Driver’s Hearing Request and sending it in. Either method has a $200 non-refundable fee that may be waived if your income level is below the state cut-off level.

At the hearing they take into consideration whether or not you were placed under arrest lawfully, if there were reasonable grounds to suspect that you were operating a motor vehicle under the effects of alcohol or drugs, if you were notified of the Implied Consent Warnings as required by state law, if you refused a breath or blood test, if the results of the breath or blood test indicated you were over the legal limit and if the breath or blood test was given according to state law.

If you win your license back at your hearing you can still be charged for a DUI by the courts and your driving privileges will still be suspended. If the courts reduce your charge from a DUI to Reckless Driving your driving record will reflect that but your license will still be suspended according to the DUI charge. If you are driving with a restricted or revoked license you may get an Ignition Interlock Driver License allowing you to drive with an ignition interlock device in your car for the length of your suspension but in doing so you waive your right to a hearing.

You can find out more information about appealing a license suspension in the letter that accompanied your license suspension or on the hearing section of the Department of Licensing’s website.

DUI Arrest in Seattle Washington

According to Washington State Law your punishment for a DUI conviction will depend if your blood alcohol content (BAC) was above or equal to .015% or merely above or equal to the legal limit of .08% and if it is your first DUI conviction. If you are pulled over for suspected driving under the influence in Renton but refuse a breath or blood test but are still convicted of a DUI your penalties fall in the .015% or above category. While your penalties may be more severe most attorneys would recommend that you politely refuse to take a breath test if asked to do so, which you have a legal right to do.

A DUI conviction in Renton can result in required high-risk insurance which is costly and could affect your employment if your job involves driving such as if you have a Commercial Driver’s License. Since it could affect your job so significantly it is critical that you speak with an experienced DUI attorney as soon as possible.

If you find yourself convicted of a DUI in Renton you should speak to an attorney immediately. DUI law is very complicated to navigate on your own and should only be left to someone that has a proven track record of DUI defense. A good DUI attorney in Renton should be able to successfully fight for lesser penalties for you.

Freedom from your DUI

MIPs are incredibly common in the University District in Seattle. Numerous parties that held near campus every weekend are a target for police looking to pass out MIP tickets to anyone under the age of 21. In order to be charged with an MIP a minor only has to have alcohol or drugs anywhere around them. This means that you do not even have to be carrying alcohol but merely be in the presence of it to get an MIP ticket. That is why attending a party in the University District where there is alcohol present can still lead to an MIP charge, even if you are not consuming or carrying alcohol on you. In Washington State the Court of Appeals has determined that not only do you not have to have alcohol directly on your persons but you can not have alcohol anywhere near you and merely be under the influence of alcohol in order to be considered guilty of possession. This means that merely being drunk in the University District could lead to an MIP charge.

While drinking before you are 21 years of age is incredibly common, especially in the University District where a large percentage of the student population is under 21, getting an MIP can have serious consequences. In Washington State your first MIP conviction can mean a revocation of your driver’s license for at least one year or until you are the age of 17. Your second MIP conviction you can mean a revocation of your driver’s license for at least two or until you are the age of 18. Your third MIP conviction you can mean a revocation of your driver’s license until you are the age of 21.

You should be informed of MIP laws before making decisions to attend and sort of party where alcohol is going to be present or before deciding to be openly drunk in public. Though an MIP charge is only a misdemeanor it still can carry with it various consequences including a suspension of your license, fines, drug or alcohol education and community service.

University MIP DUI Information

Breath Testing

If you are arrested for a DUI, assuming there wasn’t an accident that resulted in serious bodily injury or death, then you will be asked to take a breath test. There are two types of machines that are used in the state of Washington, the DataMaster and the DataMaster CDM.
There are certain procedures that must be adhered to when administering a breath test. Your Miranda rights must be read to you and you must have the consequences of refusing a breath test explained to you, known an Implied Consent Warning. Before beginning the test your mouth cavity has to be inspected and the police must observe you for 15 minutes to make sure that you did not consume anything that could affect your test results.

Breath tests do not measure the amount of alcohol in your blood but the amount of alcohol in your mouth and then use that figure to estimate your BAC. Due to this breath tests have much more room for error.
There are two types of breath tests, preliminary and evidentiary. The preliminary breath tests (PBT) are taken at the scene to help an officer determine if they should be making a DUI arrest. The test itself is a handheld model with an LCD read but cannot be used as evidence in trial. You have a right to refuse to this type of test and doing so cannot be held against you in court and for this reason it is never recommended that you blow into a PBT. Evidentiary breath testing is done at the station and the results are admissible in court.

Blood Testing

Though less commonly used in DUI cases, blood tests are a more accurate measure of someone’s BAC than breath tests. In the state of Washington blood tests are only constitutional under certain circumstances including when a person is unable to take a breath test as a result of an injury or incapacity, if they are being medically treated or if they are reasonably suspected to be under the influence of drugs. If someone is unconscious, being arrested for vehicular manslaughter or there was an accident resulting from the DUI that resulted in serious bodily injury, either a breath or a blood test may be administered without consent of the suspect.

In Washington State the most common way that the admissibility of a blood sample can be questioned in a court of law is if the sample was improperly collected or stored.

Washington State DUI Attorney