Seattle DUI Defense Attorneys

You were arrested for a DUI. Now what?

Seattle DUI Defense Lawyers

After a night out, you just want to go home and get to bed. You had something to drink, but you feel fine. Next thing you know there are lights and sirens behind you. You pull over. It’s dark and cold out. You’re tired but you’re getting asked question after question and told you should blow into a portable breath test and walk on an imaginary line. You’re arrested and things go even further downhill from there.

An arrest is bad enough, but a DUI conviction in Washington State can have serious consequences ranging from jail time to a suspended license. Because of this, it’s important to have a law firm by your side that knows the ins and outs of DUI laws and how to spot all the mistakes the police can make in these cases. Over the years, we have handled more DUI’s than we can count and will make sure you are getting the best possible outcome.

Below, you’ll find answers to many common questions related to DUI allegations, but the best way to make sure your individual questions are answered is to simply give us a call for a free, no strings attached consultation.

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Your THREE BIG Questions

If you're convicted of a DUI, you will face certain mandatory minimum penalties. So to find out the answer to your THREE BIG questions, select which of the following statements applies to you:

That’s OK! If you took a breath test, we can locate your results online for many courts. If you took a blood test, we can submit a public records request to find out this information sooner rather than later. We will also get the results from the DOL and from the prosecutor’s office

 

Common DUI Questions

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
  • We have links on this page for where to sign up for these and can explain more about the requirements if you would like to give us a call for a free confidential consultation.

 

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.
  • 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.

    under-investigation

Helpful DUI Links

Department of Licensing Hearings

Click HERE to Reserve Your DOL Hearing TODAY. A few Facts:

  • After you are arrested for a DUI, you only have 7 days to contact the DOL.
  • If you miss this deadline, you lose your right to have a hearing to try and save your license from being suspended.
  • The DOL is going to charge you $375 to make this request.

So what happens at the DOL hearing? A few facts:

  • A DOL Employee with the title of “hearing officer” acts as both the judge and jury over your license. They are supposed to be impartial, but the truth is they are biased against you. There is no real judge to intervene.
  • Sometimes we subpoena the police officer to testify, sometimes we don’t; it depends on the circumstances.
  • We typically recommend that you do not testify at a DOL hearing, since whatever you say can be used against you in the criminal case. That said, in some cases, your testimony can be very helpful.
  • Make no mistake about it; even for experienced attorneys, DOL hearings are tough to win because the deck is stacked against us. Despite this, we have found loopholes that have led to many victories over the years.

Protect yourself with a DUI defense lawyer.

We Can Help

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I would highly recommend Mr Court for any criminal case consulting. His approach was thoroughly professional. he was a great listener and a good strategist. His approach was methodical and he didnt rush into any decisions. I changed my counsel just before my first court date and Mr Court did an excellent job. The case was finally dismissed in my favor. I would consider myself lucky but Mr court had some innovative ways to approach my case. It was such a pleasure to have Mr Court on my side. He was super responsive over texts and emails. He was punctual and very gentle in communication.
We never imagined we would be in the position to need a defense attorney, but when we did, we were so thankful that we found Court Will. Both he and Michelle are truly the best. Court is extremely dedicated, thoughtful, calm, and confident. He took time to get to know us, the case, and really ensured that we understood not only what was happening, but all possible outcomes. Court was honest, answered every question, took his time with us, gave excellent advice, and ultimately got the best possible outcome we could have hoped for. He is brilliant, and we are most grateful.
After some research & speaking with other attorneys, I came across Court. I instantly knew he was right for my situation. I met him shortly after we discuss some details on the phone. He was very pleasant & very understanding of this difficult time in my life. One of the hardest things I have ever gone through. Of course I hired him. As months passed, he reached out to me & gave me the best news/results I have ever heard. I know the work he did in the background & I couldn’t be more grateful. Thank you Court!
Chris
A knowledgable and caring attorney who got me an amazing result I was charged with a felony sex crime. I had a previous attorney before hiring Mr. Will. The other attorney told me I needed to plead guilty or I would go to prison for 3 years. Due to a number of reasons, I didn't want to go to trial, and Mr. Will respected that. Mr. Will went to court for me more times than I can count, did some additional investigation and ultimately told me that I could plead guilty to a lesser offense and get probation and house arrest. I was amazed. I give Mr. Will my highest recommendation.
Mike

COVID-19 Notice: We want to reassure you that we are OPEN for both consultations & representation. We know this pandemic is extremely difficult for everyone, and facing a criminal charge or suffering an injury on top of it only makes things that much worse. We’re here to help.