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FAQs
Q1. The officer who stopped me for DUI punched a
hole in my driver's license. Was
my license suspended immediately after I was stopped
for DUI?
No. The paperwork the officer gave you is your notice
of the Department of Licensing's
intent to suspend, revoke, or deny your license,
permit, or privilege to drive.
You have every right to challenge this suspension
with the DOL, but you must remember that you only
have 30 days from the date of arrest to request an
administrative hearing. Even if you have not received
information regarding a criminal case against you, it
is important that you invoke your right to challenge
the DOL's intended license
suspension. It is recommended that you contact a DUI
Attorney immediately to discuss your options.
Q2. If I am convicted of DUI, will I have to go
to jail?
In Washington state, the law places mandatory
minimums on sentencing for a DUI conviction. Even for
a first DUI conviction, you will be required to spend
1 day in jail if your BAC level was below .15
percent, or if your case is one where you did not
submit a breath test, yet did not refuse the breath
test. A first time DUI offender faces even stiffer
mandatory minimums if convicted of DUI with a BAC
level above .15 percent, or if they refuse to submit
a breath sample. In those cases, there is a minimum
sentence of 2 days in jail.
You can read more about the penalties for DUI.
Q3. I was stopped for DUI, but the officer never
told me when I have to appear in court. Will I be
charged?
The fact that the officer never gave you a date to
appear in court does not mean that you will not be
charged for DUI. In these circumstances, the officer
will likely forward the arrest information to the
prosecutor's office, and you will
be sent a notice from the court about when and where
to appear.
It is important that you contact a DUI Attorney
after you have been stopped for DUI, regardless of
whether or not you have been issued a court date. Not
only will a DUI Attorney be able to answer your
questions, hopefully setting your mind at ease, but
there are important time deadlines that must be
considered after a stop for DUI. For example, in
Washington you only have thirty days after
notification of a driver's license suspension to
challenge the suspension.
Q4. What is an Ignition Interlock Device? Will I
have to get one in my car if I get a DUI?
An Ignition Interlock device is an in-car alcohol
breath screening device that prevents a vehicle from
starting if it detects a blood alcohol concentration
(BAC) over a particular pre-set limit. The device is
located inside the vehicle, near the
driver's seat, and is connected to
the engine's ignition system.
If convicted of DUI, a person must install an
Ignition Interlock Device in their car for a minimum
of one year from the time they are eligible to
reinstate their driver's license.
Under certain circumstances, such as when a person
seeks to obtain an occupational restricted license,
an Ignition Interlock Device may also be required.
These are Washington state requirements, so they will
affect a driver whether he/she is convicted of a
Redmond DUI, Edmonds DUI, Lynnwood DUI, Kent DUI, or
any other Washington District or Municipal Court.
Q5. How long will a DUI conviction stay on my
record?
Unfortunately, Washington state law does not allow
for a DUI to be vacated, or expunged, from your
record. RCW 9.96.060 provides, in pertinent part,
that: An [person] may not have the record of
conviction for a misdemeanor or gross misdemeanor
offense vacated if...the offense
was a violation of RCW 46.61.502 (driving while under
the influence), or 46.61.504 (actual physical control
while under the influence)
Q6. Will the cost of my car insurance increase
after a DUI?
It's possible. The cost of your
car insurance will be a decision made by your
particular car insurance carrier. You should note,
though, that if convicted of DUI, you will required
to obtain SR-22 insurance.
The Seattle DUI Firm — DUI Attorneys
serving those cited for Seattle DUI, Redmond DUI,
Edmonds DUI, Bellevue DUI, Lynnwood DUI, Kent DUI,
and all King County District and Municipal Courts.
Our Seattle DUI Attorneys are now taking cases in
Pierce and Snohomish Counties.
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