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Washington Drunk Driving Attorneys Disclaimer: The DUI Defense, Drunk Driving, DMV Drivers License Suspension, Driving Under the Influence, Driving While Intoxicated or other DUI defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Washington State drunk driving lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for matters outside of the State of Washington.

My DUI defense law firm serves the following Western Washington communities, among others: Snohomish County, King County, Skagit County, Alderwood, Arlington, Bellingham, Bothell, Brier, Camino Island, Darrington, Edgewood, Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mountlake Terrace, Tulalip, Mukilteo, Silvana, Smokey Point, Snohomish, Stanwood, Sultan, Woodway, Anacortes, Bow, Burlington, Clearlake, Concrete, Hamilton, La Conner, Lyman, Marbelmount, Mount Vernon, Sedro Wooley, Bellevue, Kirkland, Lake Forest Park, Mercer Island, Redmond, Seattle, Shoreline, Woodinville.

I also serve the following Zip Codes: 98011, 98012, 98020, 98021, 98026, 98033, 98034, 98036, 98037, 98043, 98046, 98052, 98072, 98082, 98087, 98201, 98203, 98204, 98205, 98206, 98207, 98208, 98213, 98223, 98241, 98251, 98252, 98256, 98258, 98259, 98270, 98271, 98272, 98273, 98274, 98275, 98287, 98290, 98291, 98292, 98293, 98294, 98296
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What is a DUI?

Breath Test Refusal

Reading your ADR

BAC Ticket Explained

Alcohol Evaluations
License Suspensions

DMV Hearings

Underage Drivers

Driving without a License

Ignition Interlock License
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What is a DUI?

In Washington State, the Prosecution must prove three elements before you can be convicted of Driving Under the Influence.  The first two elements are generally pretty easy to prove and the last element comes in two flavors.

You were the Driver.  In the case of a traffic stop, the police officer can testify that he or she saw you driving.  However, this element can sometimes be disputed.  For example, the case of one car accidents often raises proof issues with this element.  Since Washington State still follows the "Corpus Delicti" rule - your statement "I was the driver" cannot be used against you unless the Prosecutor can independently prove each element of the crime - including the element of who was driving.

You drove in the State of Washington.  This element is generally easy to prove however there is a related issue called venue.  For example, a driver who drove in King County would have to be prosecuted in that county.  If the charge were prosecuted in Snohomish County then the driver would be able to get the case thrown out under an "improper venue" challenge - even though both counties are in Washington State.

You took the breath test and got a .08 or higher, within two hours of driving.  In this case, we need to make sure that the breath test itself was reliable.  If there are any problems with how the test was performed or who performed it then the results may not be persuasive evidence against you.  The "within two hours of driving" language is called the "per se" prong of DUI i.e. if you re above the legal limit then you re guilty.  If the results are older than two hours then they can still be used against you but can only be used as evidence that you were affected by the alcohol. 


Your ability to drive was affected to any appreciable degree by the alcohol (or drugs) you consumed.  Under this part of the third element, the Prosecutor must show that you were literally "under the influence" of alcohol or drugs.  The difference between this prong and the .08 prong is that approximately 20% of drivers will show no outward signs of intoxication with a breath alcohol concentration of .08.  Field sobriety tests, observations of driving and observation of the driver are the main tools used by Prosecutors to satisfy this prong.
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DUI Penalties

Charge Reductions

Deferred Prosecutions

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3405 - 172nd Street NE, #5-242

Arlington, WA 98223

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122 East 5th Street
Arlington, WA 98223
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