The Smith & White Blog

Under Washington criminal law, the phrase “physical control of a motor vehicle while intoxicated” is a violation of the law that has a unique set of elements and penalties apart from DUI charges. This statute, RCW 46.61.504 – Physical Control Of A Motor Vehicle While Intoxicated, is important to understand, which is why we at […]

Under the United States Constitution and Washington law, both of which apply to your Tacoma criminal case, DUI, assault domestic violence or otherwise, people accused of crimes have the right to confront the prosecution’s witnesses against them. If they are denied that right or the prosecution’s witness is unavailable, it may constitute grounds for dismissing […]

Your DUI arrest could not have come at a worse time. Washington DUI laws are more strict, and penalties more harsh, than ever before. Your best chance for a smooth return to the road – especially if you are a professional driver whose livelihood depends on your driving privileges – lies in your choice of […]

Ignition Interlock Licenses in Tacoma, WA: How to Keep Driving After a DUI Suspension A DUI conviction or administrative suspension in Washington often triggers an immediate and frightening consequence: the loss of your driver’s license. For many people in Tacoma and Pierce County, that loss threatens employment, childcare, medical appointments, and basic daily life. What […]

A DUI arrest can lead to several court appearances before your case reaches a resolution. If you have never faced criminal charges before, the process may seem confusing. You might have a court date but little idea of what will happen when you get there. Some DUI cases end through negotiations. Others require hearings to […]

A criminal conviction can dramatically affect a person’s life long after any sentence imposed has been completed. A conviction can impair a person’s rights and harm their reputation, career, and financial status. In some cases, however, a person who has been convicted of a crime may be eligible to have the record of the conviction […]

If you are facing criminal charges in Pierce County, WA, you may be wondering: Can we get your case dismissed? The answer is yes, in some situations—but it depends on the facts of your case, the strength of the evidence, and the skill of your defense attorney. This post will walk you through the most […]

If you’re facing a DUI charge in Washington State, you may be reliving a few key moments over and over. You remember being pulled over. You remember taking a test—or refusing to. You remember the moment they said your blood alcohol concentration (BAC) was too high. And then, you remember being charged. You’re not alone […]

Being charged with any crime is a nightmare. But with the growing stigma society places on drunk driving a DUI charge can be one of the worst. A DUI charge can threaten your freedom with jail time. Washington has some of the strictest, most draconian laws regarding DUI in America. RCW 46.61.5055 requires mandatory jail time, mandatory […]

Certain crimes require the prosecution to establish an element of intent. As such, if a defendant is suffering from a diminished mental capacity because of involuntary intoxication when an alleged offense took place, they may be able to argue that they lacked the mens rea needed to sustain a conviction. RCW 9A.16.090 Intoxication. Substantial evidence […]