DUI / DWI DefenseDriving While Under The Influence (DUI) is codified in RCW 46.61.502 and refers to the act of being stopped by law enforcement while driving. Washington has a BAC limit of .08 for alcohol. For Marijuana use, the legal limit is 5 ng/mL of blood. Washington has an implied consent law, which means that by refusing to submit to a chemical test you will be subject to a fine and automatic suspension of your license.
Penalities for driving under the influence can range from fines of $850.00 to $5,000.00 USD (approximately). Jail times can range from 24 hours to one year depending on whether it is your first or third offense. Additionally, your license can be suspended for up to 4 years (again, depending on the number of offenses). This is why it is so important to have compitent and experienced legal representation as soon as possible! |
Marijuana DUIDespite the legalization of Marijuana in Washington State, driving under the influence of marijuana is a crime with serious legal consequences. (Wa. Rev. Code Ann. § 46.61.502(2). The penalities for using Marijuana before operating a motor vehicle vary depending whether the driver is a first-time or repeat offender.
First conviction penalties can include a fine between $350 and $5,000, at least 24 hours jail-time (and sometimes up to one year), or both. Drivers will may also have their driver's license suspended for 90 days or more. If a driver receives a second conviction within seven years of the first, fines range between $500 and $5,000, with 30 days to one year in jail, and two years of driver’s license suspension. If convicted a third time or more within seven years fines range between $1,000 and $5,000, with 30 days to one year in jail, and 120 days or more of house arrest, and three years of driver’s license suspension. |
Felony DUIAs of 2007, a DUI or Physical Control qualifies as a felony if the person has four or more prior DUIs (or other qualified offenses) within ten years. Additionally, previous convictions of vehicular homicide or vehicular assault while under the influence will result in a Felony DUI. "Prior offenses" include but are not limited to: Operating a commercial motor vehicle with alcohol or THC in system), Vehicular homicide committed while under the influence, Vehicular assault committed while under the influence, Negligent driving in the first degree, Reckless endangerment (if originally filed as a DUI, Physical Control), Vehicular Homicide under the influence or Vehicular Assault under the influence, etc.
In order to be convicted of a Felony DUI, the prosecution will need to prove, beyond reasonable doubt, the driver either had a .08 or higher breath or blood alcohol concentration, a 5 ng or higher blood THC concentration and that the driver's operation of the motor vehicle was affected by the substance. |
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I am a local boy, born and raised in Whatcom County, and I understand the complexities and inner-workings of this very interesting and diverse community. My families have lived here for at least 5 generations and I am proud of my heritage and deep roots here.
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Todd made this huge mistake I made into something manageable, helping me each step of the way in taking the steps I needed to take in order to get my life back on track. I never want to go back to jail, and I know that if something ever happened to me or my friends or family, Todd would do everything to get the best result possible!!
- Brittani Howell
Todd was amazing! I thought for sure I would get a DUI on my record, but Todd reviewed my case thoroughly and found several issues, one of which he used to convince the prosecutor to dismiss the DUI and get me a traffic infraction! I was so amazed, I couldn't believe it! Todd is thorough, smart, and has a great calming demeanor that made me relax and not stress out about court. Todd is a great attorney and I'd recommend him to everyone.
- Mrika Pali
Todd knows his stuff! He worked hard on my behalf, researching the unique issues of my case and made the prosecutor understand my case should be dismissed. The officer made a mistake and Todd saw that right away and made that mistake into my salvation!
- Shane