DUI Attorney in King County, WA

Experienced DUI Defense When Your License and Freedom Are at Risk

Have you been arrested for DUI in Washington State? A DUI arrest in Washington can change your life in an instant. Jail time, license suspension, fines, and damage to your career can begin immediately after an arrest.

Fortunately, you do not have to face this alone. At The Curtis Firm, we defend individuals charged with DUI throughout Seattle, Tacoma, King County, Pierce County, and across Washington State. We offer a complimentary DUI strategy session to help you understand your options before critical deadlines pass.

The collateral consequences of a DUI conviction can have long-lasting personal and professional implications. The most effective way to try to avoid the potential legal penalties and damage to your reputation is to hire a Seattle DUI attorney immediately.

Call now to speak directly with a Washington DUI attorney. Speak with a proven DUI defense lawyer today in a complimentary strategy session to evaluate your legal options.

Why Choose The Curtis Firm for Your Washington DUI Defense?

Being pulled over and arrested for a DUI offense can be one of the most frightening situations you have ever faced. You are probably wondering if you will have to spend time in jail, whether your license will be suspended, and what the fallout will be to your personal and professional reputation.

Because the stakes are so high, you must choose an experienced DUI attorney who will aggressively defend your legal rights. The Curtis Firm is a Washington state law office that is passionately committed to helping clients facing DUI charges.

Some of the factors that make our attorney the right choice to defend your case include:

  • Former Washington deputy prosecutor
  • Extensive experience defending Washington DUI charges
  • Aggressive, strategic, results-driven representation
  • Personalized defense
  • Affordable and transparent legal guidance

Above all, our firm is committed to offering compassionate representation for our clients. Our legal professionals recognize that good people often face choices that require them to work through the state’s criminal justice system. If you have questions about how we can assist you, contact our law offices today, and we will gladly address your concerns.

Is My DUI Charge a Misdemeanor or Felony in Washington?

In Washington state, you can be charged with either a misdemeanor or a felony, both of which can result in significant penalties. Knowing the difference is key to understanding the gravity of your charges and available legal options.

Misdemeanor DUI

Most DUI cases in Washington are charged as gross misdemeanors, but even a first-time offense can result in jail time, license suspension, and long-term consequences. For example, a first-time DUI conviction can result in your being sentenced to up to 364 days in jail and being ordered to pay a steep fine of up to $5,000.

Felony DUI

You may be charged with a felony DUI if you have three or more prior DUI-related offenses within 15 years. A conviction for driving under the influence of drugs also counts as a DUI-related offense. A previous conviction for vehicular assault or vehicular homicide can also result in a felony DUI charge. If you are convicted of a felony DUI, you could be sentenced to serve time in prison in addition to harsh fines.

Regardless of whether you are charged with a misdemeanor or a felony DUI, the prosecutor must prove every element beyond a reasonable doubt to convict you.

What is a Physical Control DUI Charge?

Under state law, a Physical Control DUI is charged as a gross misdemeanor. Washington law allows the police to charge you with a DUI even when you are not actively driving, but are in “actual physical control” of the vehicle. Examples include being parked, waiting for a ride, or sleeping while in the driver’s seat or around the car with keys while intoxicated with a BAC of 0.08% or a THC of 5.00% within two hours.

The “Safely Off the Roadway” Defense

The “safely off the roadway” affirmative defense can be used in a physical control DUI case. This defense can be utilized if it can be proven that you parked your vehicle off the road before

The “Safely Off the Roadway” Defense: A critical, unique defense exists if you can prove you parked the vehicle safely off the roadway before the police observed you. This defense strategy allows you to argue that you moved your vehicle to a safe off-road location before being questioned by the police.

Even so, parking on the shoulder of the road is not given as much leeway as parking at a rest area or secluded parking lot.

Penalties

A conviction for a Physical Control DUI carries the same penalties as other DUIs charged as gross misdemeanors, including up to 364 days in jail or electronic home monitoring, license suspension, and fines. If convicted, you could also be ordered to install an ignition interlock device (IID) on all vehicles that you drive.

Will My Driver’s License Automatically Be Suspended after a Washington DUI Charge?

A common concern for many individuals arrested for a Washington DUI is whether their driver’s license will be automatically suspended. Per state law, your driver’s license will automatically be suspended by the Department of Licensing (DOL) 30 days after a DUI arrest. You do have the option of contesting the suspension by requesting a hearing within seven days to contest the suspension.

Several facts are often overlooked, or defendants are unaware of, after a DUI arrest, including:

  • The administrative license suspension is separate from criminal court proceedings and may last between 90 days and two years. If you are convicted of a DUI, your license could be suspended for up to four years, depending on your BAC results, refusal to take a breath test, or prior conviction.
  • The DOL has the legal authority to suspend your driving privileges even if you are not convicted in criminal court. However, you, the DOL, may continue to allow you to drive if you apply and qualify to install an ignition interlock device (IID).

If you have been charged with a DUI, it is in your best interests to hire a skilled defense attorney who can assist with the DOL hearing. In many instances, a DOL hearing gives an attorney the chance to preview the evidence the state has against you. Your attorney can build a robust defense case to help you protect your driving privileges.

What Triggers Enhanced DUI Sentencing in Washington?

If you are convicted of a Washington DUI, you can expect to face criminal penalties, including jail time, fines, license suspension, ignition interlock devices, mandatory treatment, and probation. Washington State DUI law also stipulates that specific aggravating factors can trigger enhanced DUI sentencing, which could result in significant penalties.

  • High Blood Alcohol Content: If your blood alcohol content (BAC) was 0.15% or higher, you could be sentenced to a mandatory two days in jail instead of one, a one-year license suspension, and a mandatory ignition interlock device (IID). Any subsequent offenses could result in being ordered to serve up to 364 days in jail, electronic home monitoring, a license suspension for four or more years, and up to $20,000 in fines.
  • Second or Third Offenses Within Seven Years: If convicted of a second DUI, you could be ordered to serve up to one year in jail, 60 to 90 days of electronic home monitoring (EHM), a two-year license suspension, and a five-year installation of an IID. A third conviction is punishable by 90 to 364 days in jail, 120-150 EHM, and a three to four-year license suspension.
  • Felony DUI: If you are convicted of a fourth DUI offense within 15 years, you could be sentenced to serve 10 years in prison and $20,000 in fines
  • Refusal of a Breath or Blood Test: Mandatory two-year license suspension, and the refusal can be used against you in court.
  • Having a Passenger Under 16 in the Vehicle: If convicted of having a passenger under 16 in the vehicle at the time of the DUI arrest, you could be ordered to serve an additional 24 hours in jail, be ordered to pay an extra fine for a first offense, and have extended ignition interlock requirements. Penalties and fines significantly increase for subsequent offenses.

How Can Hiring a DUI Attorney Help if I am Facing Charges?

As with any legal matter, hiring an attorney is the most effective way to mitigate the criminal penalties and collateral consequences of a DUI conviction. A DUI attorney will professionally evaluate the evidence the state has against you. Although there are several legal defenses that your attorney may be able to use to cast doubt on the state’s case, including:

  • Challenging field sobriety test: Your attorney may be able to challenge the validity of the field sobriety tests (FSTs), which are highly subjective or based on the officer’s opinion. FSTs may be affected by external factors such as medical conditions, medications, or road conditions.
  • Challenging breath or blood tests: Your attorney can argue that the breathalyzer was not calibrated correctly or that blood samples were mishandled.
  • Suppressing illegally obtained evidence: A knowledgeable criminal defense attorney can review the evidence to determine if the officer lacked probable cause to initiate the traffic stop or to make an arrest. If your attorney can prove that your rights were violated, they can argue that the evidence should be suppressed.
  • Negotiate with the prosecutors: An attorney can negotiate with the state to try to have the charges dismissed or reduced, possibly lowering your charge to reckless driving, to try to avoid a conviction.

Speak With a Washington DUI Attorney Now

James Curtis at The Curtis Firm will fight to protect your rights, your license, and your future. Call now or contact us online to schedule your complimentary DUI strategy session.

The sooner you call, the sooner we can start protecting your legal rights. Our law firm has a proven record of helping Western Washington navigate the legal intricacies involved with DUI charges. Contact our law office today at 253-649-2426 to schedule a free strategy session to get started on your case.

DUI Charges that We Can Assist You With Include:

  • Alcohol Evaluations and Treatment
  • BAC Calculator
  • Deferred Prosecution for DUI
  • DUI Court Process
  • DUI License Suspension
  • DUI Traffic Stop
  • Felony DUI Lawyer
  • Marijuana DUI
  • Minor DUI – Under 21 Years Old
  • SR-22 Insurance
  • DUI Frequently Asked Questions
  • Intoxicated Driving FAQ
  • Reckless Driving
  • Negligent Driving