(206) 866-6739

Lynnwood DUI Attorney

Leaders in Snohomish County DUI Defense Since 2000

Skilled Lynnwood DUI Lawyers

  • Arrested for a DUI in Lynnwood, Washington? Wondering what will happen to you and what you should do next?

  • You’ve come to the right place for answers.

  • Following a DUI arrest, there will likely be 2 “cases” against you: one in the criminal court, and the other with the Department of Licensing (DOL).

  • The arresting officer is required to fax the police report to DOL, which notifies DOL to note the driver’s record of the DUI arrest and to send a notice to the driver that their license will be suspended or revoked 30 days from the arrest date (unless there was a blood draw, which takes longer).

  • To contest your license being taken away, you may request a telephonic hearing with DOL, but only if you make your DUI Hearing Request within 7 days of the date the officer gave you notice of the right to a hearing.

  • Usually, the officer gives that notice to the driver on the day of arrest. There is also a temporary restricted license available by application to DOL.

  • In the criminal case, you likely have been given a citation requiring a mandatory appearance in the Lynnwood Municipal Court or you will receive a summons in the mail to appear in the Snohomish County South Division Court.

  • At that hearing, the judge will inform you of the charge against you, of your rights, and ask whether you plead guilty or not guilty.

  • The judge will then consider whether you should be released on your Personal Recognizance (PR), or taken into custody to be held until a certain amount of bail is posted.

  • Most people on their first DUI are “PR’d” with conditions that they not do certain things, for example, not driving without a valid license and insurance and not drinking alcohol.

  • A date will be set for your next hearing, and you may have a few of these hearings before your case is settled.

  • Unless the prosecutor can be convinced by your DUI attorney to “plea bargain” the case to a less serious crime than a DUI, such as reckless or negligent driving, you may have to decide whether to take the case to trial or plead guilty. DUI cases are rarely dismissed outright.

DUI Case Results

**Updated 11/15/21**

0
DUI's Dismissed
0
DUI's > Neg 1
0
DUI's > Reckless Driving
0
DOL Hearings Won

DUI Defense at Trial

  • At trial, the prosecution has to prove either that you had a breath or blood test result of .08 or higher, a marijuana blood test result of 5 ng THC or higher, or that your ability to drive was “affected to any appreciable degree by” alcohol, marijuana or any drug.
  • Thus, even if you have a breath or blood alcohol concentration less than .08 alcohol or 5 ng THC, you can still be convicted if the prosecutor can prove, beyond a reasonable doubt, that your ability to drive was adversely affected by alcohol, marijuana, or any drug, even an over-the-counter drug.
  • You may want to go to trial if you believe that you were not impaired while driving, and therefore, the breath or blood test results are inaccurate.
  • There are a wide variety of things that can affect the accuracy and reliability of these test results; these are the types of things we would bring to educate the jury at the trial.
  • It seems unfair to “throw the book” at someone charged with a first-time DUI because people have no way of knowing when they are at the legal limit for alcohol or marijuana.
  • Women typically reach a higher blood alcohol content (BAC) faster than men because they have more water in their bodies.
  • It is easy for a 140-pound woman to reach a .08 BAC after having 2-3 drinks in an hour, while a 200-pound man might not reach this level until 4 drinks in an hour.
  • THC concentrations are harder to predict because there are a variety of ways of ingesting cannabis products, some of which cause THC to remain in the body longer, the concentrations of THC in cannabis products vary widely, and every person’s body metabolizes THC differently.

DUI Penalties in Washington

  • There are many penalties that can come as a result of a DUI conviction, including:

    • The loss of your license which entails 3 years of high-risk, SR22 insurance
    • Mandatory jail time
    • Probation for up to 5 years
    • Mandatory fines, costs, assessments, and probation fees
    • Ignition interlock device for at least 1 year at your own expense
    • The requirement that you obtain a substance abuse assessment and follow up with any recommended treatment or attend alcohol drug information school and a DUI Victims’ Impact Panel

    There may be other consequences outside the courtroom including the inability to travel to certain countries, to rent a car, and problems with current and future employment.

    For more complicated DUI cases such as where the breath or blood test was refused, or where there are certain prior offenses, the penalties increase drastically. If convicted, you will be in jail for longer, lose your license for longer, and pay steeper fines. In the case of a fifth DUI within 10 years, your case will be prosecuted as a felony, possibly ending with incarceration in prison.

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.

plan of action

We work hard to minimize the consequences you may face
  • At Callahan Law, P.S., Inc., our mission is to minimize the consequences for our clients.
  • This can be achieved by negotiating a reduction of the charge to a lesser offense, or by seeking a “not guilty” verdict at trial.
  • We strive to get the best results possible for our clients.
  • With DOL, there is no means to obtain a “reduction” in the DOL case; you either win or lose.
  • These hearings are often more difficult to win than the criminal case because of a variety of different reasons.
  • The important thing to remember is that if you do not fight, you will not win.
  • At Callahan Law, P.S., Inc., we are driven to defend your license and bring all of our skills, knowledge, and experience to that effort.

Learn More about DUI's and License Suspensions below

1st Offense

2nd Offense

3rd Offense

4th Offense

Deferred Prosecution

Court Process

Penalties

Avoid Serious Penalties

Evidence

Learn how we win DUI Cases every day.

License Suspension

Win your DOL Hearing or Drive Legally

We Author the DUI Manual Defense Attorneys rely on everyday for DUI Defense Strategies.

Contact us today for a 100% Free Consultation

Let Us Be Your Legal Advocate

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.

Linda M. Callahan

With Offices in Seattle, Olympia, and Shelton, we literally surround the Puget Sound.

81 S. Main St, Seattle, WA 98104

921 Lakeridge Way SW, Suite 102, Olympia WA 98502

1635 Olympic HWY N, Suite 101A, Shelton WA 98584

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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.

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