DUI Defense
Facing a recent DUl arrest or any alcohol-related driving offense is undeniably overwhelming. We understand the fear, that comes with being pulled over and the terror that follows a DUl arrest. At NextLaw, we offer something the big firms can’t – personalized attention and a dedicated legal team that treats you like family. We prioritize your case, ensuring every detail is examined meticulously. With NextLaw, you’re not just another client – you’re a valued individual deserving of unwavering advocacy and support throughout an often difficult and confusing legal process.
Stages of a Tacoma DUI: “What Happens Next?”
The first stage of a DUl in Tacoma is the arrest and breath or blood test. Following arrest, you will likely be asked to submit to a breath (alcohol) or blood (marijuana or drugs) depending on what substance(s) you are suspected of being under the influence of. If you refuse, the officer may seek a search warrant allowing them to draw your blood regardless of your consent.
If you submit to a breath test and it is over the legal limit (.08, or .02 if under 21), you face a suspension of your Washington license or privilege to drive for at least 90 days. If you refuse the breath test, you face a one-year revocation.
The second stage is your Department of Licensing (“DOL”) Administrative Hearing. Following your arrest, you typically have only seven days to request a hearing with the DOL to contest your suspension. If you do not properly submit your request, your suspension will likely take effect 30 days following the arrest.
If you do request a hearing, it will typically occur within 6 to 8 weeks after your arrest. If you refused the breath test and the officer sought and obtained a search warrant for blood, it is possible that they will wait until after the blood results come back, which can take up to a year or longer, before submitting evidence to the DOL. In this case, you may not have a hearing until well after a year following your arrest – and if the officer neglects to submit evidence to the DOL, you will not face administrative suspension at all.
The third stage is case filing in court. Depending on where you are arrested, your case may be filed in that jurisdiction’s court immediately, or weeks or even months following your arrest. This may also depend on whether you submitted to the breath test or not if there was a blood test, if you have prior offenses, as well as other factors.
Eventually, you will receive a notice to appear in court, called a summons. Your first appearance is called an arraignment. This is where you will be formally charged, and enter a plea to that charge. Most people are able to hire an attorney before arraignment, but in some cases the arraignment may be the day after the arrest, making it difficult for the person to obtain private counsel in such a limited time. Usually, the Court will have a public defender available to assist you through the arraignment process. Whether you have your own attorney or a public defender at arraignment, they will almost certainly enter a plea of “not guilty” for you at arraignment.
The fourth stage is the pretrial process. Following your arraignment, you will receive a return date called a “pretrial hearing.” This usually happens 4 to 6 weeks after the arraignment. It is not unusual for one to have several pretrial hearings before their case is either resolved via plea negotiations – or if those negotiations are unsuccessful, set for trial. Successful plea negotiations depend on several factors: the facts of your case, prior DUl or other criminal histories (if any), the prosecutor handling your case, the judge(s) presiding over the matter, and most importantly, the skills, experience, and reputation of the attorney representing you.
The fifth and final stage is resolution – either by plea deal or trial. The majority of DUl cases, especially first offense cases, are resolved short of trial. During the months-long “pretrial” stage of your case, an effective DUI lawyer will comb through the government’s evidence against you (aka “discovery”) and identify errors and “issues” in the investigation to help your defense. If we are unable to negotiate fair terms to resolve your DUl, then we will take your case to trial, and force the government to prove up the charges against you.
Tacoma DUI and License Suspension
Following a DUl arrest in Washington state, there are two ways your license can be suspended — administrative and post-conviction.
Administratively, the Department of Licensing (DOL) may suspend your license for 90 days if you provide a breath or blood alcohol sample showing a blood alcohol concentration (BAC) of .08 or higher, or a blood alcohol sample showing an active THC concentration of 5 ng or higher. If you are a minor, the legal limit for BAC is.02, and any amount of active THC will result in a 90-day suspension. A refusal to submit to breath or (for THC) blood testing may result in a license suspension for one year. And any subsequent suspension within seven years, whether a refusal or not, may result in a two-year license revocation. A court conviction for DUl triggers a separate license suspension ranging from 90 days to one year (.15 BAC or refusal), or longer depending on prior offenses and aggravating factors, such as a child under 16 in the vehicle. A first-offense conviction for Reckless Driving results in a 30-day suspension, while one for Negligent Driving in the First Degree carries no suspension. However, subsequent convictions for either Reckless Driving or Negligent Driving 1 amended down from DUl within 7 years will result in an Ignition Interlock Device (IID) requirement for six months.
Navigating these complexities underscores the importance of having a skilled and experienced DUl lawyer in your corner to help mitigate the impact on your driving privileges.
Consequences That Follow a Tacoma DUI Conviction
In Tacoma and throughout Washington state, a DUI conviction carries significant consequences, reflecting the gravity of drunk driving. Such penalties are designed to deter future offenses and preserve public safety.
Jail Time: A DUl conviction leads to mandatory jail time, with sentences varying based on factors like blood alcohol concentration (BAC) levels and prior convictions.
Fines: Hefty fines are imposed, ranging from $940 to $5,000, depending on the severity of the offense and any prior DUl history.
License Suspension: Your Washington driver’s license (or privilege to drive) will be suspended from 90 days to 2 years, depending on whether there was a breath test or a refusal, as well as prior offenses.
Ignition Interlock Device (IID): You will be required to have an IID installed for at least one year, with little if any margin for error.
SR-22 Insurance: Obtaining and maintaining SR-22 high-risk insurance for at least three years is mandatory.
Probation: Probationary periods with strict conditions, such as active probation monitoring with random UA testing, are part of the sentence for DUl convictions in most Washington courts.
Chemical Dependency Evaluation (CDE): Any DUl sentence will mandate a state-certified Drug and Alcohol Assessment, aka Chemical Dependency Evaluation, to determine the extent of substance abuse issues, with potential requirements for treatment or counseling. Most CDE following a DUl conviction recommends a minimum of 6 months of outpatient treatment.
Employment Implications: Employment consequences may arise, affecting job prospects, especially in roles requiring a clean driving record or moral character. A DUI conviction results in a one-year Commercial Driver’s License (CDL) suspension, and a second-lifetime DUl conviction will disqualify a CDL for life. Other jobs that might be affected include military status, nursing and other healthcare occupations, and private school teaching/staff, among others.
If you are facing a DUI charge, it is critical that you have a skilled and experienced DUl lawyer in your corner to help you best map out a successful defense strategy.