DUI

Under Washington law, a DUI offense that would ordinarily be prosecuted as a misdemeanor may be graded as a felony under certain circumstances. For example, if a DUI defendant has numerous prior qualifying convictions, it could constitute grounds for charging a DUI offense as a felony. Recently, a Washington court set forth an opinion explaining how prior offenses are scored…

People are protected by both the State and Federal Constitutions against unreasonable search and seizures. What this means, in part, is that the police cannot stop a driver absent a warrant or a reasonable suspicion that the person is engaging in criminal behavior. Thus, if the police stop a motorist without cause and the person is subsequently charged with a…

Although all DUI charges should be taken seriously, felony DUI charges can result in significant penalties, including jail time. Most DUIs are charged as misdemeanors, but they can be elevated to felonies in certain cases. Recently, the Supreme Court of Washington clarified the essential elements for escalating a DUI charge from a misdemeanor to a felony in a case in…

When a person is arrested and charged with a DUI, it goes without saying that the person will not be able to drive his or her vehicle home. The issue of what the police are permitted to do with the vehicle following a defendant’s arrest, however, was recently presented to the Supreme Court of Washington. Specifically, the court addressed whether…

In many cases in which a person is arrested due to suspicion of DUI, the arresting officer will ask the person to submit to a blood or breath test. If the person refuses to undergo chemical testing after he or she is arrested, evidence of the refusal can be submitted at trial to establish the defendant’s guilt. Notably, however, as…

Washington criminal defendants have numerous rights under the law, that aim to prevent unjust convictions. For example, the State must prove each element of a crime beyond a reasonable doubt, and if a defendant is convicted despite insufficient evidence to support a finding of guilt, his or her conviction may be reversed. A Washington court recently discussed what constitutes sufficient…

On August 10, beer lovers around the South Sound will descend on Tacoma’s annual Brew Five Three Beer and Music Festival located on South 9th and Broadway in downtown Tacoma. In an effort to keep the community safe The Law Offices of Smith & White, Tacoma’s expert DUI defense attorneys, will reimburse the cost of a taxi or ride-share from…

Under Washington law, the police must have reasonable suspicion to justify a traffic stop. If you are stopped without a valid reason, and subsequently charged with a crime due to evidence produced during the stop, you have grounds to suppress the evidence at trial. If the evidence is nonetheless admitted and you are subsequently convicted, you may be able to…

Criminal defendants are commonly prosecuted in the court that has jurisdiction over the area where the crime allegedly occurred. If the state fails to identify the proper court to prosecute charges against a defendant, the defendant can move to have the case dismissed for lack of jurisdiction. In some cases, however, it may not be clear which court may properly…

If you are accused of a DUI, whether you are charged with a misdemeanor or felony offense depends on whether you have previously been convicted of vehicular assault under Washington law. As the Washington Court of Appeals explained in Washington v. Allen, however, not all vehicular assaults are treated equally in terms of evaluating subsequent charges. Rather, only certain vehicular…