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I was arrested for DUI in Washington - What now?
License Suspension vs. Criminal DUI Charge
If you have been arrested for driving under the influence (DUI), you may be wondering what to expect.
As DUI attorneys with decades of experience, we at Callahan Law, P.S., Inc. have helped clients like you avoid jail time and keep their driver’s licenses.
If you have questions about your arrest, read through this list of frequently asked questions after an arrest or contact us to schedule a free case evaluation.
01 - Will I Lose My Divers License?
There are two ways to lose your license for DUI:
(1) by conviction in court, and
(2) by administrative action by the department of licensing.
- The department of licensing will administratively suspend or revoke your license for varying periods depending on whether you took the breath test, or refused the breath test.
- If you refused to take a breath test, your refusal (or your behavior that the officer deemed a refusal by lack of cooperation) will result in an administrative revocation for at least one year for the first offense within seven years, and much longer if it is a second or subsequent offense within seven years.
- However, if you took the breath test and blew .08% BAC or greater if you are an adult; .02% BAC or greater if under 21 years of age, loss of your license will be for at least 90-days.
- The court also has the authority to impose a license suspension as either a criminal penalty or an administrative action.
DUI Menu
02 - I need to drive to get to work, what can I do?
- If you act quickly, you may be able to avoid having your driving privileges suspended.
- You have only 7 days from their DUI arrest date to request a hearing with the Department of Licensing.
- This hearing is your opportunity to contest the suspension or revocation of your driver’s license.
- An experienced attorney may represent you at this hearing.
- If you do not request a hearing, or if you lose this hearing, your license will be suspended or revoked.
- It is in your best interest to speak with an attorney who has a lot of experience in representing people being threatened with the loss of their driving privileges.
03 - I refused to take the roadside breath test. Can I still be forced to take a breath or blood test?
- If you refuse to submit to a breath test at the time of an arrest for driving under the influence, most officers will seek a warrant from a judge to take a blood sample.
- In addition to getting what they want, they will also be able to use your breath test refusal against you in court as well, so it may not benefit you to refuse a breath test.
- However, if you refused to give any other evidence, including declining to perform the roadside eye, walking, and balancing tests, and you remained silent rather than admitting to consuming alcohol or medications, then a refusal to blow may be best.
- Even if your blood test results come back positive for DUI, there are still ways to defend the charge.
- It is important to work with a lawyer who can build a strong and strategic case in your defense.
04 - Do I need to Hire an attorney?
- Judges often insist that those charged with DUIs hire a DUI attorney, or qualify for a public defender.
- These judges are right; having a lawyer defend you in your DUI case is an absolute necessity, provided you retain a DUI lawyer who has the knowledge, expertise, and experience in handling these cases.
- An experienced DUI lawyer is familiar with the many complex laws, procedures, and deadlines that accompany these types of cases.
- Additionally, a DUI attorney will protect your rights and know the best means of protecting you from serious consequences to your license at a DOL hearing.
- After resolving your case, the best DUI lawyers will counsel you with detailed information about how to stay compliant with court orders and avoid being charged again in the future.
- When so much is at stake, you need the protection and support of a real DUI lawyer, not one who does the occasional DUI case.
- Otherwise, you risk a negative outcome by trying to handle your case yourself or by trusting a lawyer who doesn’t have the proper training or experience in complex DUI laws.
Let Us help you Through This
Callahan Law, P.S., Inc. is a premier Washington DUI firm with extensive experience in the defense of DUI charges.
Our Firm President, Attorney Linda M. Callahan, is the author of the acclaimed Washington DUI Practice Manual, which is widely regarded as an invaluable legal resource for Washington lawyers and judges handling DUI cases.
3 Reasons to Hire Us
#1
Experience
Our Team of Attorneys and Paralegals have over 30 years of combined experience. We know the law and understand how to apply it to your case.
#2
Focused on You
We create a custom defense for every client. Not all cases are the same and we know that. Your concerns and goals are our top priority.
#3
Reputation
As a long time author and speaker Ms. Callahan is respected across the county for her trial skills and investigative knowledge. He reputation proceeds herself when appearing in court.
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Contact one of our Experienced DUI Attorneys today and get the advice you need now. Learn how to save your license and stay out of jail.
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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of Washington.
