Lynnwood DUI Lawyer
DUI Attorneys in Lynnwood Serving all of Snohomish County
Lynnwood DUI Lawyer – Arrested for a DUI in Lynnwood, Washington? Wondering what will happen to you and what you should do next? You’ve come to the right place for answers. Following a DUI arrest, there will likely be 2 “cases” against you: one in the criminal court, and the other with the Department of Licensing (DOL). The arresting officer is required to fax the police report to DOL, which notifies DOL to note the driver’s record of the DUI arrest, and to send a notice to the driver that their license will be suspended or revoked 60 days from the arrest date (unless there was a blood draw, which takes longer).
To contest your license being taken away, you may request a telephonic hearing with DOL, but only if you make your DUI Hearing Request within 20 days of the date the officer gave you notice of the right to a hearing. Usually, the officer gives that notice to the driver on the day of arrest. There is also a temporary restricted license available by application to DOL.
In the criminal case, you likely have been be given a citation requiring a mandatory appearance in the Lynnwood Municipal Court or you will receive a summons in the mail to appear in the Snohomish County South Division Court. At that hearing, the judge will inform you of the charge against you, of your rights, and ask whether you plead guilty or not guilty. The judge will then consider whether you should be released on your Personal Recognizance (PR), or taken into custody to be held until a certain amount of bail is posted. Most people on their first DUI are “PR’d” with conditions that they not do certain things, for example, not driving without a valid license and insurance and not drinking alcohol. A date will be set for your next hearing, and you may have a few of these hearings before your case is settled.
Unless the prosecutor can be convinced by your Lynnwood DUI attorney to “plea bargain” the case to a less serious crime than a DUI, such as reckless or negligent driving, you may have to decide whether to take the case to trial or plead guilty. DUI cases are rarely dismissed outright.
Lynnwood DUI Lawyer | Trial Defense
At trial, the prosecution has to prove either that you had a breath or blood test result of .08 or higher, a marijuana blood test result of 5 ng THC or higher, or that your ability to drive was “affected to any appreciable degree by” alcohol, marijuana or any drug. Thus, even if you have a breath or blood alcohol concentration less than .08 alcohol or 5 ng THC, you can still be convicted if the prosecutor can prove, beyond a reasonable doubt, that your ability to drive was adversely affected by alcohol, marijuana or any drug, even an over-the-counter drug.
You may want to go to trial if you believe that you were not impaired while driving, and therefore, the breath or blood test results are inaccurate. There are a wide variety of things that can affect the accuracy and reliability of these test results; these are the types of things we would bring to educate the jury at the trial.
It seems unfair to “throw the book” at someone charged with a first time DUI, because people have no way of knowing when they are at the legal limit for alcohol or marijuana. Women typically reach a higher blood alcohol content (BAC) faster than men because they have more water in their bodies. It is easy for a 140-pound woman to reach a .08 BAC after having 2-3 drinks in an hour, while a 200-pound man might not reach this level until 4 drinks in an hour. THC concentrations are harder to predict because there are a variety of ways of ingesting cannabis products, some of which cause THC to remain in the body longer, the concentrations of THC in cannabis products vary widely, and every person’s body metabolizes THC differently.
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