Total Commitment and Dedication to Your Defense
Washington DUI cases are rarely hopeless. Police officers botch roadside investigations. Breathalyzers and blood testing are prone to error. Medical conditions render falsely high BAC readings. Banks Law capitalizes on these issues to win cases.
We Will Do Whatever is Ethically Permitted to Win Your Case
We visit the location, study the arresting officers' training and background, reanalyze blood samples, examine the breathalyzers' maintenance history, subpoena and cross-examine officers, and deconstruct the case to find the problems and issues leading to a successful DUI defense.
We Aggressively Litigate Every Conceivable Good Faith Legal Issue
If you got arrested for DUI, we invite you to join us for a free case evaluation with a Bellevue DUI Lawyer. We want to start by hearing from you everything that happened leading up to, during and after the arrest. We'll give you our candid opinion as to the likelihood of prevailing in court and at the Department of Licensing.
The DUI Arrest
Most Washington DUI arrests begin with a traffic stop. The officer asks you to perform a series of field sobriety tests and to blow twice into a handheld breathalyzer. After arrest, the cop usually will ask you to take a blood or breath test at the police station, jail or hospital. Refusing the chemical test may result in tougher Washington DUI penalties and an automatic one-year drivers license suspension. For most DUI arrests, the police will release you within a few hours of arrest and booking. But for a felony DUI or accident case, you may have to post bail.
The Department of Licensing Process
You must request a hearing within 20 days of your arrest to demand a hearing. Otherwise you forfeit your right to a hearing and your license automatically goes into suspension after 30 days. If you hire an Eastside DUI lawyer at Banks Law, we can request the hearing for you.
Generally your Washington DUI attorney conducts the hearing on your behalf. You may or may not be asked to attend. Your lawyer's primary objective is to convince the DOL not to suspend your drivers license. But your lawyer may also use the DOL hearing as an opportunity to gather evidence that may prove useful in court.
At the conclusion of the hearing, the DOL's hearing officer takes the matter into consideration and later issues written findings. The decision usually gets mailed out in one to 30 days. If the DOL finds in your favor, no license suspension is imposed, though a DUI conviction in court could trigger a separate suspension. If the DOL finds against you, your license goes into suspension within a few days of receiving notice.
Note: DOL hearings only occur for DUI of alcohol arrests (to determine if you drove with a .08 or higher BAC, or any positive BAC level in the case of an underage DUI).
If Your License Gets Suspended
If you do sustain a drivers license suspension, you can usually get a restricted license. This allows you to drive to and from work related activities and any court or DOL imposed alcohol program. Sometimes we can make arrangements to get you a restricted license right away. But you must heed the suspension while it's in effect. Driving with a suspended license in Washington is a crime and can lead to jail time, a probation violation and a longer license suspension.
DUI Court Proceedings
Your Eastside DUI attorney most likely can attend all the DUI court proceedings on your behalf, unless there's a hearing where you have to testify, or the case goes to trial. Most DUI cases may involve several court dates, and can span over several months. During this time, your DUI attorney collects evidence, runs motions, and negotiates with the judge and prosecutor seeking a dismissal or a reduction in the charges.
If no settlement can be reached, the DUI case ultimately will get set for jury trial. Prosecutors and judges often give better deals after a case gets set for trial as there may be more trials on the docket than courtrooms available to accommodate them. Also, problems in the state's evidence become more apparent when a trial D.A. finally takes a hard look at the case.
Probably the worst impact of a DUI conviction is the long-term consequences: a permanent criminal record and a bad driving record. A top-notch Eastside DUI defense attorney gives you your best chance of avoiding both. We invite you to meet with us for a free case evaluation and explore options for fighting the DUI case.