Lakewood DUI Lawyer
Driving while under the influence (DUI) of alcohol or drugs is a somewhat complicated charge that tends to vary based on the defendant’s unique circumstances. Not only can you be charged for driving while intoxicated, but you can also be charged after driving if chemical testing shows you were intoxicated. Whether you face misdemeanors or felonies may depend on your history of previous violations.
While a DUI charge might feel insurmountable, there are ways in which an attorney can help you defend yourself. Some defendants argue that they did not become intoxicated until after they stopped driving. Others argue they were not voluntarily intoxicated and that they may have consumed a spiked drink. Your penalties depend on how you are charged, but serious fines, jail time, and license suspensions are possible.
For an initial case analysis from our DUI lawyers, call the Law Offices of Smith & White at (253) 525-8036.
How You May Be Charged with a DUI
DUI charges are sometimes hard to understand as they may be charged under numerous conditions and circumstances.
According to R.C.W. § 46.61.502(1), someone may be charged with a DUI in Washington if they have a blood alcohol concentration (BAC) of at least .08 within 2 hours of having driven a vehicle. Similarly, they may be charged if they are found to have a THC concentration of 5.00 or higher within 2 hours of having driven a vehicle. The police must have evidence that you were recently driving in order to charge you.
You may also be charged if you are under the influence of drugs or alcohol while behind the wheel. This specific law does not specify any minimum BAC or THC requirements, so you may be charged simply for being too intoxicated to drive safely, even if your BAC is lower than .08.
DUIs may apply to both alcohol and drugs, and the fact that you are legally permitted to use these substances is not a defense. This means that if you are intoxicated because of prescription medication provided to you by a licensed doctor, you may still be charged.
Defenses to a DUI in Lakewood
You need an effective defense strategy tailored to your specific circumstances and needs. Since DUI cases may vary greatly, you might have numerous defense options to discuss with our DUI attorneys.
One possible defense option under R.C.W. 46.61.502(3)(a) revolves around the timing of alcohol consumption. The police may arrest someone if they believe they were recently driving while intoxicated. One could argue that they consumed alcohol shortly after driving, explaining their high BAC 2 hours after driving.
This is an affirmative defense, meaning the defendant has the burden of proof and must prove their defense by a preponderance of the evidence. A similar defense may be asserted for the use of cannabis and THC concentrations.
Some drivers are not intoxicated by their own choice. To be charged with a DUI, you must have willingly consumed alcohol or drugs. If you were driving after unknowingly consuming a spiked drink, you can argue involuntary intoxication.
DUI Penalties in Lakewood
Since DUI charges vary based on the circumstances, penalties can be hard to predict. Generally, the higher your BAC and the more DUI violations on your record, the worse your charges and penalties may be.
In many cases, a DUI is charged as a gross misdemeanor. According to R.C.W. § 9A.20.021(2), a gross misdemeanor may be punished with a jail term of up to 364 days, a fine of up to $5,000, or both. If your DUI incident involves an accident, injuries, or death, the charges may be much more serious.
In other cases, a DUI may be a felony. Suppose the driver has 3 or more previous violations within the last 10 years or was previously convicted of vehicular homicide or vehicular assault while under the influence. In that case, they may be charged with a Class B felony punishable with a prison term of up to 10 years, a fine of $20,000, or both.
What Happens if You Get a DUI While Underage?
DUI charges work a bit differently when the defendant is younger than 21. According to R.C.W. § 46.61.503(1), a driver younger than 21 may be charged with a DUI if they have a BAC of at least .02 or a THC concentration above 0.00 within 2 hours of driving a vehicle. This is far lower than the standard legal limit of .08, and young drivers may be charged even after only one or two drinks.
An underage driver may be charged with a misdemeanor and fined $1,000, jailed for up to 90 days, or both.
License Suspensions for DUIs in Lakewood
A top concern among many DUI defendants is the status of their driver’s licenses. A DUI may result in a license suspension, but the duration of your suspension will vary depending on your specific circumstances.
Your license may be suspended unless you request a hearing to contest the suspension within 7 days of being arrested for a DUI. If the hearing examiner decides in your favor, your license may not be suspended. However, the decision made by the hearing examiner does not affect the DUI trial.
Even if the hearing examiner finds in your favor, but you are ultimately convicted of the DUI in court, your license may be suspended. The suspension may last for a minimum of 90 days and as long as 4 years, depending on the severity of the incident and the existence of prior violations.
Get Help Now from Our Lakewood DUI Lawyers
For an initial case analysis from our DUI lawyers, call the Law Offices of Smith & White at (253) 525-8036.