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DUI (Driving under the influence)

Before I tell you about the laws and how to get bailed out you need to know a few things:

It is important to get an attorney before your arraignment. Your attorney MUST be familiar with the DUI laws, the Court and the proceedings.  Competency is a must. I can help you find the most qualified DUI Defense Attorney for your case!  Call Me 699.3063 – it’s a free call

Driving Under the Influence (DUI) refers to operating a motor vehicle while affected by alcohol, drugs, or both. This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs.

How is DUI determined?

If DUI is suspected, the amount of alcohol in the driver’s blood is measured by a breath or blood test. The driver will be cited for DUI if the results are:

• .08 or higher for adults.
• .02 or higher for minors (under 21).

What can I expect if I am stopped for DUI?

If you are stopped for suspected DUI, the law enforcement officer may:

• ask if you have consumed any alcohol or drug-related substances.
• ask you to take a field sobriety test.
• ask you to submit to a breath test. If your blood alcohol content is .08 or higher, you may be cited and taken to jail. You also may request to have a blood test.

What if I refuse to take the breath or blood test?

If you refuse to take the test, your license will be revoked. When you operate a motor vehicle in Washington State, you automatically give consent to have your breath or blood tested if a law enforcement officer believes you have been driving under the influence of alcohol or drugs. This is Washington’s Implied Consent law.

DUI license suspensions

Will my driver license be suspended immediately after I’m stopped for DUI?

No. The amount of time until the suspension takes effect depends on the type of offense.

How long will my license be suspended?

Your license may be suspended from 90 days to 4 years, based on prior offenses and your blood alcohol level.

I am licensed in a state other than Washington. What happens if I am cited for DUI in Washington State?

When we are notified of your DUI, we:

• record it on your Washington State driving record.
• take the appropriate action to suspend or revoke your driving privileges.
• forward a copy to the state where you are licensed. They may also take action if required by their state laws.

I don’t have a driver license. How can you suspend something I don’t have?

An unlicensed driver stopped for a DUI will be reported the same way a licensed driver would be. If you do not have a record with the Washington State Department of Licensing, a record will be created based on the information provided by the law enforcement agency.

Contesting or appealing a license suspension

If you are arrested for DUI, you may request a hearing within 20 days of the arrest:

• online, with a Washington driver license and a valid Visa or MasterCard.
• OR
• by mailing a completed Driver’s Hearing Request and the $200 fee to the address on the request form. This form must be postmarked or received within 20 calendar days from the date of the arrest. In most cases, the law enforcement officer will give you a hearing request form at the time of your arrest. If no form is available, you may submit a written request and the fee.

Does it cost anything to appeal a DUI suspension?

There is a $200 fee for requesting a DUI hearing. This fee will not be refunded if you cancel the hearing or fail to appear when scheduled.

Note: If you are found to be indigent (your income is below the Washington State cut-off level), you may not be required to pay the fee.

Where can I find information about appealing my suspension?

• The letter you received notifying you of your license suspension.
• The Heariings section of the DOL website.

What issues will be considered at a DUI hearing?

During your DUI hearing, the hearing officer will consider:

• Whether you were lawfully placed under arrest.
• Whether the officer had reasonable grounds to believe any of the following:
  • You were driving or were in actual physical control of a motor vehicle while under the influence of alcohol or drugs.
  • You were under the age of 21 years and were driving or in actual physical control of a motor vehicle after consuming alcohol.
• Whether you were advised of the Implied Consent Warnings.
• Whether you refused the breath or blood test.
• Whether the breath or blood test exceeded the legal limits:
  • .08 or more if over age 21,
  • .02 or more if under age 21.
  • .04 or more if driving a commercial vehicle.
• Whether the breath or blood test was administered according to the law and Washington State Toxicologist Rules.

How can I get my license back?

It depends on several factors, including your blood alcohol content and whether you were involved in any previous DUI incidents. Your suspension letter lists everything you need to do to get your license back. To learn more about DUI suspensions or how to get your license back, please contact us:

• by phone at (360) 902-3900.
• by email at drivers@dol.wa.gov

Frequently asked questions

What happens if I win my license hearing, but the court still finds me guilty of DUI?

Your driving privilege will still be suspended based on the court conviction. The administrative hearing in your favor doesn’t override the court suspension.

If the court reduces the DUI to Reckless Driving, will my driving record show the reduced charge?

Yes, but the reduced charge doesn’t affect the administrative action we take as a result of the DUI. Any license suspensions, revocations, or disqualifications won’t be reduced or changed if a court reduces the criminal charge.

Can I get a restricted license while my license is suspended?

While your driver license is suspended or revoked, you may get an Ignition Interlock Driver License (IIL) that will allow you to drive a vehicle equipped with an ignition interlock device for the period of your suspension or revocation. Once you get the IIL, you waive your right to ask for a hearing.

Call Tina 360.699.3063

MIP Charges

Minors between the ages of 18-21 who are arrested for an MIP (Minor in Possession) charge in Vancouver, Washington are booked into the Clark County Jail.

Minors under the age of 18 are booked into the Juvenile Detention Center which is located at 500 w 11th St. Vancouver, WA 98660 (only a block from my office)

Juvenile cases are handled differently than adult charges; my office handles the majority of bonds posted for juvenile offenses.

Just as with adults, juveniles may be assigned a public defender.  In many cases you might want to consider hiring private legal counsel.  If you need assistance in that area please ask me.

Below I have supplied some information regarding MIP charges:

A Minor in Possession charge is a Gross Misdemeanor in Washington State . MIP is punishable by up to one year in jail and a $5,000 fine.

It is important to understand that a minor does not have to be pulled over for a driving infractionl, be legally drunk or many of the other rulkes that apply to adults

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

Call Tina 360.699.3063

MIP, minor in possession, underage drinking, minor DUI, high school arrest, marijuana alcohol, prescription drugs

24 hour Domestic Violence Bail Bonds

360.699.3063

Do you have a friend or loved one who has been arrested for a Domestic Violence?  Call Tina for Immediate release from the Clark County Jail-Vancouver Washington. The first thing you need to do when a friend or loved one is being held in the Clark County Jail for domestic violence charges is to call Tina 360.241.1211 and let her help you figure out the correct steps to take and to help you find the right attorney.

You need an experienced, qualified attorney specializing in Domestic Violence charges.  The State of Washington and the Clark County Domestic Violence Prosecution office aggressively prosecute the crime of domestic violence.  Tina’s extensive knowledge of local Vancouver, Washington Attorneys and there areas of practice will help you make an educated choice.  Please call Tina  360.699.3063 for all of your Clark County Domestic Violence Bail Bond needs 360.241.1211

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