DUI/Negligent Driving

A DUI arrest is one of the most complicated and frightening things that you can go through. Your drivers license is at stake. Your liberty is at stake. You need to have representation that not only knows the legal system, but DUI law. Jonathan is consistently rated among the best DUI attorneys in the area, and can help you understand and fight your DUI charge.

What you need to know:

In addition to an administrative license suspension through the Washington State Department of Licensing, DUI is a gross misdemeanor under Washington Law. It carries a maximum penalty of one year in jail and a $5000 fine, plus a mandatory drivers license suspension, mandatory drug/alcohol treatment, mandatory ignition interlock device, and up to five years of court probation. More importantly, DUI has mandatory MINIMUM penalties. If you are convicted of DUI – you MUST serve jail time. You MUST pay fines. The only way to avoid these is to not be convicted of DUI. If Jonathan can negotiate a lesser charge (such as reckless or negligent driving), or get your case dismissed – you can avoid some or all of these. Call Jonathan NOW to get started with your FREE Consultation | 425-424-9401.

What Jonathan can do for you:

Jonathan reviews every case for legal and factual problems, and will help you craft the best arguments to either negotiate a settlement you are satisfied with, or set your case up for the best possible defense at trial. Jonathan uses a private investigator in every single DUI case he takes, and as such is more prepared, more knowledgeable about your case, and more ready to fight than the prosecutors, and most defense attorneys.

The nuts and bolts:

RCW 46.61.502
Driving under the influence.

(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

     (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

     (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

     (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

     (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.

     (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person’s breath or blood to cause the defendant’s alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

     (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

     (5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

     (6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of (i) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), (ii) vehicular assault while under the influence of intoxicating liquor or any drug, RCW46.61.522(1)(b), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.