Seattle DUI Defense Attorneys

To be found guilty of driving or of being in physical control of a vehicle under the influence, at least one of two things must be proven beyond a reasonable doubt: you (1) had a .08%+ BAC or 5.00+ ng/ml THC; and/or (2) you were under the influence of drugs or alcohol at the time of driving regardless of your actual BAC/THC level.

There is a separate DUI charge in Washington State called Physical Control of a Vehicle While Under the Influence. Unfortunately, the penalties for being convicted of a physical control charge are the same as a regular DUI.  There are no specific jury instructions to truly define what constitutes physical control, but where we most often see it is the example of where an officer does not actually observe you driving but rather finds you sitting/sleeping in the driver’s seat of your car with or without the engine running.  

There is an affirmative defense for physical control that is not available for a DUI.  If you were parked safely off the roadway then you can argue you are not guilty of physical control. We would have to burden of proving you were safely off the roadway by a preponderance of the evidence.  Factors to be considered by the trier of fact for this defense include any relevant evidence such as how much “control” you had over the vehicle and the exact location you are parked.

A surprising fact to many people is that you can still get charged with a DUI even if you are under a .08%. However, in these situations the prosecutor must prove beyond a reasonable doubt that you were in fact under the influence of the alcohol and this cause your “ability to drive a motor vehicle [to be] lessened in any appreciable degree. The prosecutor’s generally try to support their theory on this by pointing out poor/erratic driving as the reason for the stop followed by numerous objective signs of intoxication (bloodshot/watery eyes, odor of alcohol, slurred speech, etc.) and poor performance on Field Sobriety Tests.

The courts in Washington typically require you to jump through a few additional hoops if you end up with a DUI conviction on your record, including completion of the following:

• Victim Impact Panel
• ADIS
• Alcohol Evaluation/Treatment plan

Because every case has its unique set of facts and circumstances, it’s not possible for us to tell you what result you will get on your particular case until we have had a chance to fully litigate it. That said, here are some potential results; all of which we have achieved for our clients:

• Dismissal of charges in the pre-trial stages
• Not guilty verdict after trial
• Reduction of charges to one of the following:
  • Negligent Driving
  • Reckless Driving
  • Reckless Endangerment
• Reduction of penalties
• Deferred Prosecution

Get in touch with us for a full explanation of what these outcomes mean and how we can achieve them.

Yes, you can get a “minor DUI” if you have .02% BAC or greater. Give us a call for a full explanation of the differences between a regular DUI and a Minor DUI.

• You’re not going to find a more qualified team to represent you, and we are going to get you the best possible result given the facts and circumstances of your particular case.
• We work really hard and are very accessible to our clients. Try calling or texting us right now; if we don’t pick up right away, we will get back to you very fast.

• The short answer is through hard work. Here’s a little closer look: Some of the legal issues we analyze while handling your DUI case:
  • Probable cause for the stop
  • Probable cause for the arrest
  • Admissibility of your statements
  • Validity/Performance of Field Sobriety Tests
  • Validity or any breath or blood tests
  Some of the mitigating factors we introduce and discuss during negotiation:
  • Humanize you to the prosecutor; we want to know everything about you. Give us your life story. We will memorize it and then be able to talk to the prosecutor very intelligently about you; as if we have known you for years.
  • Gather a bunch of character reference letters for you.
  • Get proactive and have you undergo an alcohol/drug assessment at the early stages of the case
  • Explain the impact this matter will have on your job and family

The only answer I can give you at this point is “it depends…” I know, not totally satisfying, but it is honest. If another attorney promises you more than that, then they are just trying to take your money. Get out of their office (or hand up the phone) as fast as you can.

We charge fair, competitive flat fees for our services. Here’s the problem you face with a lot of other attorneys: The ultra-expensive firms are not going to get you a better result than we are, and the dirt cheap guys aren’t going do anything for you at all. That’s where we come in. While we certainly don’t have the lowest fees in the Puget Sound, we won’t make you take out a second mortgage either. With Will & Will, you get Cadillac results, at Camry prices.

No, we don’t play marketing games like some other attorneys out there. We’re well-rounded and handle ALL criminal matters, including DUI’s…and not just a few DUI’s here and there. We’ve successfully handled nearly a thousand DUI cases over the years. Our secret is simple: we focus on what matters – getting you the best possible outcome.I have a court date coming up ASAP, what do I do?!?

Hire an attorney! Is this answer self-serving? Yes. Despite this, is it still the best possible thing you can do? YES.

The answer to this varies depending on your particular situation, but there are three universal pieces of advice:

1. Do NOT talk to the police
2. Do NOT talk to anyone else about the situation either as you run the risk of creating witnesses for the government
3. Consult with an Attorney
   

From there, we need to hear more about your individual situation to advise your further.  In the meantime, please view our video below on the subject and visit our Under Investigation page.