Before leaving the site for additional resources, please be sure to check out The Law Offices Raymond Ejarque's Official Blog. Our staff, including Attorney Ejarque answer your questions, as well as posting new information related to the world of DUI and criminal defense charges. Many of our blog posts are directly relevant to DUI and criminal law in Seattle, and the surrounding King County areas.
Washington State DUI Sentencing Information
The following is an information packed table that lists all of the possible sentences associated with a DUI charge. View Washington State's sentencing structure for DUI's.
Authoritative Sources for DUI Law
News and resources on driving, including tips, laws and regulations.
A resource for generic legal information, including discussion forums for many legal issues
A great resource for all issues relating to the federal courts, with information directed to teachers, students, jurors, researchers, and legal professionals.
Large informational resource directed for legal professionals.
- Washington State Courts
- King County Superior Court
- Washington State Bar Association
- King County Bar Association
- Department of Social & Health Services (DSHS)
- American Academy of Matrimonial Lawyers
A Brief Background On DUI Defense Law
A DUI conviction can affect your Freedom, Job, Family, License and Reputation.
Washington State currently has one of the toughest DUI laws in the country. A DUI conviction can result in mandatory jail penalties of up to 120 days, mandatory license suspension of up to four years, and the mandatory installation of vehicle ignition interlock devices. The maximum sentence for a DUI is one year in jail and up to a $5,000 fine.
Also, even if your criminal charge of a DUI is dismissed, the Washington State Department of Licensing may still administratively suspend or revoke your license for up to two years. Habitual traffic offenders face a 7 year suspension.
The Washington state DUI sentencing grid shows the structure of the state's DUI sentencing law. View the WA state grid.
Under Washington DUI law, if the officer requests and you refuse to take the breathalyzer test, or if you take the breathalyzer test, and register a .08 blood alcohol concentration or more, the DOL will initiate license suspension procedures against you.
You have 7 days from the time you are arrested to request a Department of Licensing hearing to challenge the suspension. If you do not make the hearing request within the 7 day period you will lose your license and have to pay high-risk insurance premiums.
In the last few years DUI laws have changed significantly and become more complex. Recent challenges to the current DUI laws require that your attorney understand the direction of current case law in the Appellate Courts and the Supreme Court of Washington. When choosing an attorney for a DUI case it is important to choose an experienced trial lawyer with a practice focused on DUI defense.
Mr. Ejarque's current practice is focused on DUI and other driving-related offenses. He is up to date with the ever-changing DUI laws and appellate court decisions that may affect the outcome of your case. He has legal memorandums and briefs prepared to challenge every aspect of the State's case; from the initial arrest to the administration of the breathalyzer test.
As an example, use our BAC calculator to estimate what your blood alcohol level could be based on different factors.
Mr. Ejarque has extensive experience representing those charged with DUI and other driving offenses. He has represented numerous people charged with DUI, reckless driving, negligent driving, vehicular assault, eluding a police officer and driving with a suspended license. He has obtained dismissals, “Not Guilty” verdicts and reduced charges for his clients. Although the results of every case are different, Mr. Ejarque will pursue every possible legal avenue to get you the best possible result.
With the risk of such severe penalties you need to fight the charge at every level. Mr. Ejarque first will challenge the Department of License administrative license suspension at an administrative hearing. Prior to the pre-trial hearing he will demand all reports and discovery relating to the officers investigations and BAC Data master breathalyzer machine. Mr. Ejarque is prepared to challenge the basis for the officer's initial stop of your vehicle and whether he had probable cause to arrest you. Sometimes an officer will initiate a stop or an arrest with out a valid basis.
Mr. Ejarque is prepared to aggressively challenge the admissibility of the BAC Data master Breathalyzer machine. You should not assume your case is un-winnable because the breath machine says you are over the legal limit. Mr. Ejarque will demand discovery of the maintenance records of the machine to review its accuracy. He will file a motion to suppress the test results if there is any indication that the officer did not follow the strict administrative and legislative standards set forth for operating and maintaining the machine.
The state cannot convict you of a DUI charge at trial unless each and every element is proven beyond a reasonable doubt. This is a high standard. It must be a high standard considering the severe consequences of a DUI conviction. Mr. Ejarque will hold the state to this high standard. If there is any doubt the State can meet this standard, Mr. Ejarque will demand that your charge be reduced or dismissed prior to trial. At trial he will challenge the state's case every step of the way.