Important Information

I want to thank you for taking the time to visit seattledui.com. Being charged with Driving Under the Influence or Physical Control is quite traumatic and can affect you, your freedom and your family for many years to come.

Driving Under the Influence may be known by many names: DUI/Driving While Under the Influence; DWI/Driving While Intoxicated; OUI/Operating Under the Influence; Drunk Driving and more, but whatever you call it, it is by far the most commonly encountered offense in courts today.

I have been practicing law for over 25 years and during that time I have seen the laws and courtroom procedures become increasingly complex while the constitutional safeguards have been worn away.

The legislature in Washington has certainly taken note of the constant attention from media and groups like Mothers Against Drunk Driving and reacted by enacting legislation which is designed to both make it much easier to convict a drinking driver of a criminal offense and to increase the penalties after a conviction.

Sadly, you need not be "convicted" of a DUI before the "punishment" begins.

When you are arrested for a DUI or Physical Control in the state of Washington and are accused by the law enforcement officer of either refusing to take a breath test or having a breath test result of over .08, the arresting officer will punch a hole in your driver's license. The arresting officer also will send a report to the Department of Licensing and then the Department of Licensing will suspend your driver's license whether or not you are eventually convicted of a DUI.

Even before you have a chance for any sort of administrative hearing or a day in court (perhaps even before any formal charges have been made) your driver's license is "branded" so that any law enforcement officer who looks at your driver's license will immediately know that you were recently stopped for DUI or Physical Control. Your license may still be valid, but try to explain that to the cashier at the grocery store when trying to cash a check or when you are trying to rent a car.

When you are finally formally charged with a DUI or Physical Control, you may receive only one or two days' notice of your first court hearing. Then when you appear for that hearing, the court will set "conditions of pretrial release" which may include setting bail. I have seen some judges in this state routinely set bail at $5000.00 for a person who is employed full time, has lived in the area all of his life, and has never been in trouble before.

It is easy to be charged with a DUI. If your case goes to a jury trial the judge will more than likely tell the jury that part of the definition of DUI is that you are under the influence of or affected by the use of alcohol or drugs if your ability to drive a motor vehicle is lessened in any appreciable degree.

The prosecutor does not need to prove that you were "too drunk to drive," but rather that your ability to drive was lessened in any appreciable degree by alcohol or drugs.

It will not help you if you have a prescription for the drug that you are using. It probably will not help you even if your doctor told you it was ok to drive while using the drug.

Since I have started practicing law the legislature has created a new DUI offense. In Washington, as well as in most states, it is now a violation of the DUI law if you have a breath alcohol level above a certain amount. This portion of the new law is unconcerned about your ability to drive. The prosecutor will say that if you had a BAC of over .08, you are guilty!

It is easy to be charged with a DUI. When you were stopped the officer probably asked you to do some "Voluntary Field Sobriety Tests." The officer's report will almost certainly say that you failed these tests. I completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing Instructor Certification Course in Austin, Texas in 2003. It is my opinion that most people who have not been using either drugs or alcohol would still not pass most of these tests when administered by law enforcement on the side of the road. I believe that these tests are fundamentally unfair.

It is easy to give up hope but it is not hopeless. The fact is that you do have rights. The Department of Licensing cannot just suspend your license pursuant to the Implied Consent Law without giving you the opportunity for a hearing. You have the right to an administrative hearing before the Department of Licensing may suspend your driver's license pursuant to the Implied Consent Law, but you have to follow the correct procedure to ask for a hearing in a timely manner.

It is easy to give up hope but it is not hopeless. The fact is that you do have rights. Unless you plead guilty, the court cannot just find you guilty without the prosecution proving the case against you beyond a reasonable doubt; however, if you want to get a favorable result you need to know what you are doing. You need an attorney who knows what he is doing.

DUI defense is unique and challenging. It requires a lot of extensive and specialized knowledge. Too often a person who is charged with a DUI will go to their family lawyer for help in this highly complex area. The results are predictable.

I have over 25 years of experience. I help people just like you. I would like to meet with you in person so that we may talk face to face. My office is easy to find in Burien. I never charge for an initial consultation if you have been stopped or arrested in King, Pierce or Snohomish County for a DUI or Physical Control.

Again I want to thank you for taking the time to visit seattledui.com. I know that being charged with Driving Under the Influence or Physical Control is quite traumatic and can affect you, your freedom and your family for many years to come. Let me help you. Call today.

Joseph A. Breidenbach
Attorney at Law
149 SW 154th
Burien, WA 98166
(206) 246-3333

Disclaimer: The information contained in this website is to educate. Nothing in these pages should be relied on as legal advice. If you have been stopped for a DUI, whether or not you think that you have been, or will be charged with a DUI or other criminal or criminal traffic offense, you should consult a qualified DUI defense Attorney as soon as possible. Laws change frequently and the information provided in this website, or in the links to outside sources, is not guaranteed to be current. This website does not constitute legal advise and in not a substitute for the professional judgment of an attorney who has had the opportunity to review all the facts of your case under the laws and regulations in effect at the time.