Make Your DUI Go Away

First DUI

In Washington State, most people arrested for a first DUI offense have little or no criminal history. This can be very helpful when negotiating a dismissal or less serious charge.

You should not assume that you will be found guilty, just because your breath test result was above .08% or you tested positive for a mood-altering drug.

Although no results can ever be guaranteed, a good DUI attorney should be able to make a first DUI go away or negotiate a less serious charge in most situations.

Common Mistakes Police make during a DUI Arrest

You may have been arrested during a DUI emphasis patrol by a Seattle Police Officer, King County Sheriff, or a Washington State Trooper. Unfortunately, emphasis patrols have resulted in a questionable quota system where officers are pressured to make a certain number of arrests per hour.

We have seen an increasing number of cases where our clients’ civil rights are being violated by unlawful police investigations. Common mistakes that law enforcement makes include:

How to Save your Driver’s License

After an arrest for DUI, the police report goes to the Washington Department of Licensing (DOL). The DOL will then issue an automatic driver’s license suspension that goes into effect 30 days after the arrest date. Within the 30-day time period, you can still drive as long as you do not lose the DOL license suspension hearing.

There is only one way to prevent your license from automatically suspending. You or your DUI attorney must do all of the following:

1. Request a DOL hearing within 7 calendar days of your arrest
2. Win the hearing
3. Avoid a DUI conviction in the criminal case

The DUI hearing with DOL only addresses the issue of your driver’s license and does not impact your criminal case.

Penalties for First DUI

We understand that the criminal justice process is stressful for most people. Lawmakers in WA State have made DUI the most serious non-felony charge. Unlike other misdemeanor charges, a DUI conviction in Washington State can never be sealed, vacated, or expunged.

A first or second DUI is normally a gross misdemeanor, which means that a conviction will result in a mandatory minimum sentence of 1-2 days in jail or 15-30 days of electronic home monitoring. A judge can order up to 364 days of jail, but a maximum sentence is highly unlikely for a first DUI.

DUI consequences normally include:

How Can I Beat a First DUI?

Even if there is no evidence of a police mistake, results from breath tests, field sobriety tests, and blood draws are not 100% accurate. A good DUI lawyer should understand the weaknesses of each testing method, so that an effective defense can be launched.

For example, even a properly calibrated breath test machine can give an inflated result if you have acid reflux (GERD) or another medical condition that elevates your mouth alcohol level. In addition, many individuals who are not impaired fail field sobriety testing due to the awkward nature of the testing procedures and confusion over law enforcement’s instructions.

There are many protocols that law enforcement is required to follow during a DUI stop and any questionable behavior by the officer can be used to weaken the State’s case against you.

At Beckwith Criminal Law, we can prevent a DUI conviction over 95% of the time for first time DUI arrests. If this is your second or third DUI, we can often negotiate a result that is less serious than the original charge.

We have a proven track record for making a DUI go away in the courts of King County, Snohomish County, Pierce County, Kitsap County, & Thurston County, including the city courts of Seattle, Bellevue, Everett, Tacoma, & Kent.

You can call us today for a free consultation. We also have a DUI attorney available to answer your questions after business hours and on weekends.