First DUI Attorney in King County, WA

Strategic Representation for First-Time DUI Offenders

No one ever wants to get into their vehicle and think they might be pulled over for a first-time DUI. Yet, DUI arrests happen every day in King County, and those who have been charged must determine how they will defend themselves against criminal penalties.

The most effective way to protect yourself from ending up with a criminal conviction and having to deal with the other consequences, such as a license suspension, is to hire a first-time DUI lawyer. Only an experienced DUI lawyer can help you navigate the criminal justice system so you can move on with your life.

James Curtis from the Curtis Firm has a proven record for assisting first-time DUI clients when they need it most. We have extensive experience handling first-time DUI cases and are ready to protect your interests. Contact us today to schedule a consultation to discuss your case and learn about your legal options.

When Can Washington State Charge a Person With a DUI?

Under Washington state law, you can be charged with a DUI if several legal factors exist. Under the law, adults 21 and over the legal limit is 0.08% BAC (blood alcohol concentration). For those under 21, the state imposes a “zero-tolerance” policy, and the legal limit is 0.02%, making it so that if you are underage, even one drink could put you over the limit. Anyone who has a commercial driver’s license may be subject to a BAC limit of 0.04% because they are held to a higher standard.

Although you can be charged with a first-time DUI if your BAC is over the limit, you can also face charges if the use of prescription medication, marijuana, or over-the-counter drugs impairs your driving.

High BAC DUI

You can be charged with a high BAC if your blood alcohol concentration was 0.15% or higher within two hours of driving. A high BAC triggers mandatory and enhanced penalties such as longer jail time and extended license suspension periods.

Enhanced Charges

Generally, most first-time DUI cases are charged as gross misdemeanors unless aggravating factors exist, such as a high BAC, refusing a breath or blood test, or having a passenger under 16 in the vehicle at the time.

What are the Potential DUI Penalties for a First-Time Offense?

Washington state imposes strict penalties even for first-time DUIs that can result in long-lasting consequences. The extent of the criminal penalties will also depend on the facts involved in your case. If you are convicted of a first-time DUI offense, you should expect harsh consequences, including:

Jail Time or Electronic Home Monitoring (EHM):

  • BAC under 0.15%: You will be ordered to serve a mandatory one day in jail or 15 days of EHM and be ordered to pay a fine that ranges from $990.50 to $5,000. If you agreed to the breath test, you will also lose your license for 90 days.
  • BAC of 0.15% or higher: or if you refuse a breath test, you will be ordered to serve a mandatory minimum of two days in jail or 30 days of EHM, and ordered to pay a fine of at least $1,245.50.

The maximum amount of jail time you can be sentenced to for a first offense charged as a gross misdemeanor is 364 days. Drivers under 21 could face up to 90 days in jail and $1,000 in fines.

License Suspension

In addition to having to serve jail time and pay steep fines, your driving privileges will also be suspended. If you agree to a breath test and your blood alcohol concentration (BAC) is under 0.15%, your license will be suspended for 90 days. For a BAC of 0.15% or higher, you face a one-year license suspension. If you refuse a test, you face a two-year license revocation.

Additional Penalties

Additional penalties for a first-time DUI conviction include being sentenced to serve up to five years of probation, mandatory installation of an ignition interlock device for one year, and attending a Victim Impact Panel (VIP).

Will the State Suspend My Driver’s License Immediately After a DUI Arrest?

One of the biggest concerns for individuals charged with a first-time DUI is the worry that their driver’s license will be suspended immediately after their arrest. In Washington state, your driving privileges are not immediately suspended upon arrest. But your license will be suspended after 30 days unless you request a Department of Licensing (DOL) hearing within seven days of your arrest. An administrative license hearing is a separate legal process that occurs simultaneously with the case that is being heard in criminal court.

A Seattle DUI attorney can assist you with requesting a hearing that is held over the telephone. During the hearing, the Hearing Examiner will review the evidence and determine if you should be allowed to keep your license. The Hearing Examiner will usually issue their decision within 15 to 30 days, but it can take longer for complex issues.

In most instances, a first-time DUI offense results in a 90-day to two-year license suspension. Even so, you can apply for an ignition interlock device (IID) to keep driving. Many DUI defendants are also unaware that the DOL can suspend their license even if they are not convicted of criminal charges, so it pays to have a DUI attorney helping them manage the legal complexities involved with DOL and criminal proceedings.

Do Washington State Prosecutors Ever Drop First-Time DUI Charges?

The police and Washington state prosecutors take drunk driving very seriously. Even though state prosecutors do sometimes agree to drop or reduce first-time DUI charges, it is not an automatic process.

Reduced Charges

Getting the prosecuting attorney to agree to reduce the charges requires the help of a skilled DUI attorney. Suppose you have a substance abuse or mental health issue. In that case, you may qualify for “deferred prosecution/” Deferred prosecution is a strict two-year program that includes total sobriety and counseling that you must complete to have the charge dismissed.

A prosecutor may also agree to reduce the first-time DUI charge to reckless driving or negligent driving in the first degree if your BAC was near the legal limit, there was no accident, and you have no prior offenses.

Dismissal

Although it is rare, a prosecutor may agree to dismiss the charges if your DUI attorney can provide evidence that your rights were violated (such as a lack of probable cause to make the stop) or that the breath or blood test results are flawed.

Why is Hiring a DUI Defense Attorney the Best Way to Protect My Rights?

Some King County residents are under the mistaken impression that although a first-time DUI is a criminal offense, it does not carry the same penalties as a repeated offense. You should never be fooled into believing that a first-time DUI is not treated as a serious offense, as it can result in severe penalties, fines, and a criminal record.

Hiring a DUI defense attorney is the most reliable way to protect yourself from the repercussions of a criminal conviction. When you hire a qualified attorney, they will act in your best interests and develop strong defense tactics that protect your rights and freedom.

Some of the most common ways that Seattle DUI defense attorneys protect clients include:

  • Challenge field sobriety tests, which are subjective and based on the officer’s opinion, and can easily be affected by medications, anxiety, or medical conditions.
  • Challenge the validity of a breath or blood test by proving that the equipment was not calibrated correctly, or that blood samples were mishandled or tainted.
  • Determine if your rights were violated and advocate that the evidence obtained should be suppressed, which can undermine the state’s case.

An attorney can also explain the DUI court process and represent you at the administrative hearing to try to prevent your license from being suspended. An experienced attorney and their legal team can also handle all of the paperwork and ensure that you know of the dates and times of all of your court appearances.

Contact our King County DUI Law Firm Today to Schedule a Free Strategy Session

Dealing with a first-time DUI can be frightening, as you are unsure what your future holds. Hiring a King County DUI lawyer is the best way to avoid the serious penalties and other severe consequences that can accompany a conviction.

James Curtis of The Curtis Firm is committed to providing clients with quality legal representation and a strong DUI defense. Our law firm has extensive experience assisting clients with alcohol related driving offenses and will fight to protect your rights, freedom, and driving privileges.

If you have been accused of a first-time DUI, contact our King County DUI attorney today at 253-649-2426 to schedule a free case strategy session and get started on your case.