King County District Court judges recently ruled that DUI breath tests results are now admissible again. DUI breath tests have been suppressed since 2007 due to failures in the WA State toxicology lab in preparing simulator solutions in a way that is generally accepted in the scientific community. According to the courts, these inequities have been remedied. However, there are still simulator solutions that are being used that fall under the old ruling and those DUI breath tests can still be suppressed. It is important to hire a DWI attorney who is up to date with all the current decisions of the courts in varying jurisdictions of WA, including the Tacoma, Pierce County, and Puyallup jurisdictions. Cristine Beckwith is a Tacoma DWI attorney who prides herself on being on the cutting edge of WA DWI defense.
Governor Gregoire just signed into law SSB 5168, which changes the maximum sentence for WA gross misdemeanors from 365 to 364 days. This is critical for DUI defendants who may have immigration consequences, since DUIs are gross misdemeanors in WA. Previously, the 365 day sentence placed some DUI gross misdemeanors under the umbrella of federal immigration laws. Immigration laws classified gross misdemeanors as “aggravated felonies” merely due to the length of the sentence. Aggravated felonies are one prong of federal law that can cause automatic deportation in some cases. Some state and municipal courts in WA willingly amended agreements to 364 day sentences, but this was not practiced uniformly.
The WA State legislature overwhelming passed this law. The vote was 45-3 in the Senate and 93-2 in the House, with major support from both political parties. The legislature felt that there was a “disproportionate outcome” when compared with other individuals who were deported for actual felony offenses. The intent of the legislation was stated as being to “cure the inequity.” The new law will go into effect 90 days after this legislative session ends, but your criminal defense attorney can make arguments on your behalf now if there is an issue with your immigration status.
There is still a risk with immigration issues in some simple misdemeanor cases. Your defense attorney should carefully consider this when negotiating with prosecutors. Cristine Beckwith is a lawyer who has extensive experience both defending DUIs and fighting to protect the immigration status of clients with immigration issues.
In Seattle, three law enforcement officers and a sergeant have been removed from their assignments on a DUI task force. According to the allegations, not all DUI arrests were being reviewed and signed off by the sergeant. Instead, the documents were allegedly stamped by non authorized members of the police task force.
If you were arrested by one of these SPD officers, your DUI misdemeanor conviction could be dismissed. Although the intent of the officers involved in the investigation has not been established, they could be facing gross misdemeanor criminal charges.
It is not uncommon for the police to make mistakes during and after a DUI arrest. A good DUI lawyer will investigate the police report, video evidence, and witness statements in an attempt to uncover any shortcuts, negligence, or abuse of power by law enforcement. As a Tacoma DUI defense attorney, Cristine Beckwith thoroughly investigates the criminal charges that her clients are accused of to make sure that the rights and freedoms of her clients are fully protected.
If you submitted to the alcohol breath test at the police station and blew over the legal limit (.08 if 21 or older, .02 if under 21, and .04 if driving a commercial vehicle) your driver’s license will automatically suspend 60 days after your DUI arrest. The same is true if you refused to take the breath test at the police station.
After the arrest, the police officer should have given you a Driver’s Hearing Request form from the WA State Department of Licensing. This hearing is very important as it gives your DUI lawyer an opportunity to contest or appeal your automatic driver’s license (including commercial driver’s license CDL) suspension. From the date of arrest, you have 7 days to submit this form to the DOL and pay the $200 hearing cost.
The license suspension hearing is a civil hearing that is separate from the DUI criminal case. It will need to be scheduled within 60 days of the arrest date. Cristine Beckwith is a Tacoma DUI attorney that can fight for you at your driver’s license suspension hearing and represent you on your criminal case. Cristine has a proven track record for being one of the top DUI attorneys in the Tacoma, Federal Way, Auburn, Puyallup, and Lakewood, WA areas and can be contacted for a free legal consultation.
If you are stopped for a DUI arrest in Tacoma, Puyallup, or any jurisdiction in WA State, there is a criminal case and a Department of Licensing administrative action. The DOL hearing only addresses whether or not a person’s drivers license will be suspended. The Department of Licensing does not take into consideration an individuals life circumstances or lack of criminal or DUI history. The only thing at issue is whether the breath test or DUI refusal is admissible. You need an experienced DUI attorney who can find and successfully argue potential suppression issues in your license suspension case. Cristine Beckwith is a Pierce County based DUI lawyer who has had success fighting for her clients to keep their driving privileges.