DUI Lawyer Puyallup

Have you been arrested in Puyallup for DUI? Our Puyallup DUI lawyers have tried to anticipate your questions with the information below, but instead of reading it, why don’t you give us a call now?

We promise--the sooner you speak with us, the better you will feel.
Where to go for court.  Where you go for your Puyallup DUI court hearings depends upon the location of your arrest, and often, on which law enforcement agency arrested you.

• Puyallup Municipal Court.  An arrest within the limits of the City of Puyallup by a Puyallup Police Department officer, will result in the Puyallup Municipal Court hearing your case. The Puyallup officer should have given you a citation noting the date and time of the mandatory court appearance. The Puyallup Municipal Court Local Court Rules require that a person arrested for DUI be given a date for the next regularly scheduled court session. The court is located in downtown Puyallup at 929 East Main Street, #120.
  
  Behind the building, there is a large parking lot with free parking. If you have had a prior DUI arrest in your lifetime, we strongly recommend that you not go to the first court hearing without a Puyallup DUI lawyer because Judge Shelton is very strict with repeat offenders. He will often require them to post bond (or pay bail) to get released after being taken into custody in court. Our Puyallup DUI lawyers have successfully suggested alternatives to the court to save our clients from being taken into custody after a second or subsequent DUI arrest. We can help you too.

• Pierce County District Court.  If your DUI arrest was outside the boundaries of the City of Puyallup, or if a Pierce County Deputy or a State Trooper arrested you within the City of Puyallup for DUI, your case will probably be filed in the Pierce County District Court. The trooper or deputy will probably not have given you any notice of a mandatory court appearance. This is because the Pierce County District Court will send you a “summons” in the mail a few weeks after your arrest. The summons will direct you to the 8th floor of the courthouse at 930 Tacoma Ave South in downtown Tacoma.
  
  There is free parking on side streets, and a pay-by-hour lot on 11th Street behind the county courthouse. If you get there early, you may avoid the long lines waiting to pass through court security in the cold, wind, rain or snow. Currently, there are 8 judges in the Pierce County District Court: Judges O'Malley, Ross, Dacca, Nevin, Buttorff, Heller, Jasprica, and Kenworthy (retiring--to be succeeded by Judge Sussman). Our Puyallup DUI Lawyers know when it is appropriate to request a judge other than the judge assigned to your case. Our Puyallup DUI lawyers also know how to minimize the time you have spend in court for your court hearings, and we work every angle to get our clients through their cases with the least possible interruptions to their schedules.

Consequences of a Puyallup DUI conviction.  First of all, we work hard to prevent our clients from being convicted of DUI—the vast majority of our clients have a happy ending to their case with a negotiated plea to a reckless driving or negligent driving (which carry less serious consequences). A complete dismissal of a DUI charge is rare but we have achieved many. Our Puyallup DUI lawyers fight for our clients because we know how devastating a DUI conviction can be—to your job, your family, your driver’s license, and even your self-esteem.

Mandatory jail time (at least 1 day but possibly more), license suspension (at least 90 days but up to several years), court fines, costs and assessments that can be authorized in excess of $8,000.00, costly insurance increases, and humiliating ignition interlock device restrictions—all of these go hand-in-hand with a DUI conviction. Beyond this, your record can never be expunged of a DUI conviction, which can affect your current and future career. Our Puyallup DUI lawyers work hard in an effort to get the best possible results with the least possible consequences for all of our clients.

A DUI arrest can be devastating for certain people.  Commercial drivers, pilots, military personnel, people with security clearances for their jobs, health professionals, nursing home employees, school bus drivers and teachers, people in contested divorces with custody issues, folks who rent cars for travel or who travel to Canada—the list is too numerous to note all types of persons for whom it is more serious to get a DUI. If you see yourself in this list, or for some other reason you have concerns beyond those brought on normally by a DUI arrest, please contact our Puyallup DUI lawyers right away for a case evaluation. You will feel so much better after you talk to us.

We will do everything we can to keep you driving.  After being charged with a DUI or physical control, a person can face a license suspension (or revocation) in one of two ways: from the Department of Licensing (DOL) in the form of an administrative license suspension (or revocation), or from a court imposed license suspension (or revocation) upon conviction. Our knowledgeable Puyallup DUI lawyers will try hard to prevent both from happening.

• Administrative suspension (or revocation) from the Department of Licensing (DOL).  Administrative suspensions or revocations required by the DOL arise from a mere arrest for DUI (when the breath or blood test was refused or was over the limit). If you don’t request a hearing from DOL within twenty days from the date of arrest, your suspension or revocation will go into effect on the 60th day after your arrest. (If you took a blood test, you will get a letter telling you the date by which you must ask for a hearing.) You are encouraged to make the request for a hearing in a timely manner. Late requested are rarely granted a hearing. The officer should have given you paperwork to request a hearing: a hearing request form and a check for $200 (or waiver application) will secure a hearing to contest your suspension if it is postmarked or sent online no later than 20 days after your arrest.
• Suspension (or revocation) by court order as a result of conviction.  The court is required to order a license suspension or revocation for a person convicted of driving under the influence or physical control. The court has no discretion with regard to the mandatory license consequences imposed by law. The only way to avert this is to have the charge reduced to a charge that carries no license suspension or revocation.

Administrative suspensions from the Department of Licensing (DOL).  Administrative suspensions required by the DOL are in addition to the license suspensions required by a court, however, the department of licensing will grant day-for-day credit for each day served by the driver in a court-imposed suspension or revocation (and vice versa). The length of the administrative suspension or revocation depends on whether the driver submitted to a test or refused, and whether the driver had previously, within 7 years, been suspended or revoked administratively based on a DUI or physical control arrest.
If the BAC was 0.08 or higher (0.02 or higher if under 21):

• A first administrative action requires a 90 day license suspension.
• A subsequent administrative action requires a 2 year license revocation (or until the person reaches the age of 21, whichever is longer).

If the BAC was refused:

• A first administrative action requires a 1 year license revocation.
• A subsequent administrative action requires a 2 year license revocation (or until the person reaches the age of 21, whichever is longer).

DOL hearings. If you timely requested an administrative hearing, DOL will send you a letter (or send your lawyer a letter) noting the date and time of your telephonic hearing.  There are only four issues that are addressed in such a hearing. Any topic not related to the four issues (such as, how much or why you need to keep your license) is not an appropriate topic to discuss at the hearing. The four issues are:

• Did the officer have reasonable grounds to believe you were driving under the influence or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug (or with a BAC of .02 for drivers under age twenty-one)?
• Were you lawfully placed under arrest?
• Were you properly given the implied consent warnings before being asked to submit to testing?
• Did you refuse to submit to the test, or if the test was administered, did the test indicate a BAC of 0.08 or more (0.02 or more for persons under 21)? 

A Department of Licensing Hearings Officer presides over the hearing, determines what evidence will be admitted, hears testimony (if any) and decides whether to uphold the suspension / revocation or to rescind it. DOL hearings are often won on very technical legal arguments. The issues in a DOL hearing may seem clear cut, but there are layers of issues behind each of the four issues. As such, hiring a Puyallup DUI lawyer experienced in defending licenses is key. Our experienced Puyallup DUI lawyers know what arguments tend to be persuasive (or not) with the particular hearing officer assigned to your hearing, due to the frequency of appearing at such hearings and the number of them conducted over the many years of practice.

Ignition interlock driver’s license option.  If a person still needs to drive while on a license suspension or revocation from a DUI arrest or conviction, such as when taking Pierce Transit is not a workable alternative, he or she can apply for an ignition interlock driver’s license (which requires installation of an ignition interlock device, SR22, and a $100 fee to apply) and if granted an IIDL, will be able to drive legally any vehicle equipped with such a device. However, if you apply for the IIDL you do give up your right to an administrative hearing and an appeal. Our Puyallup DUI lawyers can help you get set up with an IIDL in the quickest possible time, if that is what you wish to do, and we will aim to transition you from a regular driver’s license to an ignition interlock driver’s license so there is not a single day you cannot legally drive.  

Length of court-imposed suspensions and revocations for DUI or physical control.  A suspension is defined as a period less than one year, a revocation is defined as a period of a year or longer. The lengths of suspension or revocation for driving under the influence or physical control are based on the person’s breath alcohol content (BAC) or BAC refusal, and the number of DUI, and/or physical control convictions within a seven-year timeframe (including certain offenses that were originally charged as DUI or physical control but were reduced).
If the BAC was less than 0.15 (or there is no test result):

• A first conviction within 7 years results in a 90 day license suspension.
• A second conviction within 7 years results in a 2 year license revocation.
• A third or subsequent conviction within 7 years results in a 3 year license revocation.

If the BAC was 0.15 or higher:

• A first conviction within 7 years results in a 1 year license revocation.
• A second conviction within 7 years results in a 900 day license revocation.
• A third or subsequent conviction within 7 years results in a 4 year licensee revocation.

If the BAC was refused:

• A first conviction within 7 years results in a 2 year license revocation.
• A second conviction within 7 years results in a 3 year license revocation
• A third or subsequent conviction within 7 years results in a 4 year license revocation.

Suspension for Reckless Driving upon conviction.  A skillful Puyallup DUI lawyer may be able to get your DUI or physical control charge plea-bargained to a Reckless Driving, which carries no mandatory minimum jail term, and no ignition interlock device requirement. As of September 1, 2011, however, there will be an ignition interlock restriction for reckless driving originally filed as a DUI or Physical Control if you have prior DUIs or similar convictions and for reckless driving originally filed as vehicular homicide while under the influence. A person convicted of reckless driving has a mandatory license suspension of 30 days, but this increases to 1 year if the person is convicted of reckless driving a third time in a 2 year period.  Our Puyallup DUI lawyers discuss all the variations and possibilities for resolving a case with the client so that the client can make an informed decision about a plea bargain.

Negligent Driving in the first degree carries no license suspension upon conviction. Our experienced Puyallup DUI lawyers will work hard to get a Negligent Driving reduction because there is no license suspension or revocation for that conviction. There is also no mandatory minimum jail required and no ignition interlock either. As of September 1, 2011, however, there will be an ignition interlock restriction for negligent driving in the first degree if you have prior DUIs or similar convictions. A Negligent Driving may be a better resolution than a Reckless Driving—but not in every circumstance. Our Puyallup DUI lawyers will make every effort to get your case resolved in the best possible manner in the light of the circumstances of your particular case if you hire us.

Mandatory ignition interlock requirements required by the court. Washington courts are required by law to order a person convicted of DUI or physical control to apply for an ignition interlock driver’s license and not to drive without a working ignition interlock device on any vehicle they drive. Virtually, the only way to avoid these requirements is to avoid a DUI or physical control conviction. The restriction is imposed for one year (on a first time) for 5years (if it is your second time having the requirement) or for 10 years (if it is your third or more occasion having the requirement). The device is installed, leased and maintained at your expense. If you live in the Puyallup area there are several leasing companies, ranging from one that is only 10 minutes from downtown Puyallup to others in Parkland, Spanaway, Tacoma and Auburn. However, our Puyallup DUI lawyers want to help you dodge the requirement in the first place by helping you get a reduction of the charge or by winning at trial. Contact us for a free evaluation of your DUI case.

Why you need to obtain and chemical dependency evaluation.  Our Puyallup DUI lawyers discuss this issue with their clients, because unless the case is dismissed outright, or you are found not guilty at trial, there will be a need to show the judge the written evaluation at the resolution of your case. We recommend that an evaluation be done very early in your case because if it shows you have no substance abuse issues, this is often helpful in case negotiations. At a minimum, there is a drug and alcohol information school (an 8 hour class) and a DUI victim panel (about 2 hours) that everyone must attend if they are not recommended to do treatment. If you are diagnosed as needing treatment, getting started with the treatment and possibly finishing it before your case is settled can also be helpful. Each case is different, and so your Puyallup DUI lawyer will discuss your options with you and most importantly, guide you to a treatment agency that is fair, reasonable, reliable and trustworthy.

We want you to know that we have helped others in your situation and we can help you too.  Our Puyallup DUI lawyers are available to consult with you about your case right now.