16825 48th Ave W. Suite #244 Lynnwood, WA, United States
Being arrested for DUI is a scary and intimidating situation. A situation that the court and society in general has very little sympathy for. Just because you are arrested for DUI does not mean you are a criminal nor guilty. You need a skilled DUI Lawyer to craft the best defense to preserve your rights and your future. As a Lynnwood DUI Lawyer I have defended those accursed of DUI in Snohomish County, Skagit County, King County and more. Call the Law Firm of Lucas D. McWethy for skilled and affordable criminal defense.
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A DUI charge is a unique criminal offense because of its complexity in defenses and mandatory penalties that escalate dramatically on 2nd, 3rd, or greater offenses. An alcohol DUI is one where either the individual has provided (or been forced to provide) a breath or blood sample that registers an alcohol content of greater than 0.08. If the testing is refused and the Officer does not obtain a warrant to compel a blood test, the prosecutor may still proceed with DUI charges. In that case, the prosecutor will use the evidence from your encounter with the Officer to show that your driving was affected by alcohol to an appreciable degree. If you have been arrested for a DUI and either refused the test or provided a sample greater than 0.08, you will be charged with a DUI and will be facing a separate civil action against you license from the DOL.
Criminal Charges: Depending on what county you are in and your criminal history, you may be charged with DUI immediately (as is the case with a King County DUI) or the charges may need to be reviewed by a prosecutor and the charging typically happens in 3-5 weeks (as is the case with a Snohomish County DUI).
Every DUI is unique, as is every defense. The breath alcohol level, prior criminal history, driving, performance on any tests, Officer's skill level, breath testing procedures and more will all greatly effect your case. There may also be defenses available to you like drinking after driving or safely off the roadway. Contact the Law Firm of Lucas D. McWethy to discuss your DUI charge.
Driving Under the Influence (DUI), RCW 46.61.502: A person is guilty of DUI if they are operating a vehicle with an alcohol concentration of greater than 0.08 or a THC concentration of 5.00 nanograms or more.
A person may also be guilty of DUI if their driving is affected by an appreciable degree by alcohol, drugs or a combination of both. This is the route the prosecutor will take if the testing is either refused or produces a number below the presumptive level (.08 or 5 nanograms).
The Department of Licensing (DOL): When you receive a license from the State of Washington you agree to not drive with a Breath Alcohol Level (BAC) of greater than 0.08 and that if lawfully requested, you will provide a sample of your breath.
When arrested for DUI, the Officer will forward the arrest report to the DOL and the DOL will automatically suspend you license. The only way to prevent this suspension is to request a DUI hearing within 20 days of the date of your arrest and contest the suspension. If you did not receive a form to fill out and send in, one can be founder on the DOL website. Call the Law Firm or Lucas D. McWethy to discuss this hearing and how we can preserve your ability to drive.
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The Law Firm of Lucas D. McWethy