FAQs

Act now to protect your driving privileges. It’s crucial to consult with a lawyer immediately, as failing to request a hearing from the Department of Licensing within seven days of your arrest can lead to severe consequences of license loss. At Rodriguez Law, we handle both administrative proceedings and criminal court cases or infraction cases associated with your DUI charges. Our office will request a hearing for you and keep you informed along the way.  If you fail to request a DOL hearing to contest the suspension, keep an eye on your mail, as DOL will send you notice of when your license will be suspended, typically 30 days from your arrest.  You may continue driving legally until your suspension date.  We will guide you and hold your hand through the steps necessary to continue lawfully driving during the suspension with a restricted license, ignition interlock, and SR 22 insurance.

As part of your conditions of release, and during the pendency of your DUI court case, driving on a suspended license can have severe implications on your case and result in new criminal charges.  It may not seem like a big deal, but it can impact your freedom, bail, finances, and our defense strategy for your pending DUI case.

Our experienced team is well-versed in DUI defense and is here to guide you through every aspect of your case. Don’t face the repercussions alone. Contact us today.

A DUI can be resolved in various ways, such as:

• Dismissal
• Reduction to a non-DUI charge
• Reduction of Penalties for DUI and other related charges
• Acquittal at trial
• Deferred Prosecution

Empowering Your Decision: Navigating the Path Ahead with Confidence:

As we embark on this journey together, understand that some potential resolutions have significant consequences. These consequences can impact various aspects of your life, including your freedom, employment, driver’s license status, commercial driver’s license status, and future opportunities. Our utmost priority is to support you in finding the best course of action that aligns with your goals and safeguards your future.  We encourage you to schedule a consultation with Rodriguez Law so that you can seek answers and clarity to make a well-informed decision.

When facing a DUI charge in Washington State, several common strategies can potentially lead to a dismissal or reduction of the charges. As your dedicated legal team, we will explore these options with confidence and compassion to guide you through this challenging time.

Challenging the Stop

We will carefully examine whether the traffic stop was valid or if there was a proper legal reason for the officer to pull you over. If we find any issues with the stop, such as a lack of probable cause, we can challenge the evidence obtained after the stop.

Questioning Field Sobriety Tests

We will evaluate the administration of field sobriety tests and look for potential issues, such as improper training of the officer or factors unrelated to intoxication that may have affected your performance. Challenging the accuracy of these tests can help the outcome of your case.

Contesting Breathalyzer or Blood Tests

We will examine the procedures followed during the administration of breathalyzer or blood tests. If there are concerns about calibration, administration, or equipment maintenance, we can challenge the accuracy and reliability of these tests.

Considering Rising Blood Alcohol Content

We will investigate whether your blood alcohol content (BAC) was rising at the time of testing, potentially leading to a higher reading later on. This defense can involve expert testimony and evidence to support your case.

Exploring Medical Conditions or Medications

We will assess if any medical conditions or medications you were taking might have influenced the test results. This information can help challenge the accuracy of the tests and build a strong defense strategy.

Identifying Procedural Errors

We will review the arrest and investigation process for any procedural errors or violations of your rights. If we find any, we can use these issues to your advantage, potentially leading to the exclusion of evidence or even dismissal of the case.

Evaluating the Strength of the Evidence

Our team will analyze the prosecution’s evidence and assess its sufficiency. If we find weaknesses or gaps that cast doubt on their case, we will vigorously advocate for your rights and strive for the best possible outcome.

Power of Negotiation

When it comes to the outcome of a legal case, the power of negotiation should never be underestimated. It is important to recognize that every client has a unique background, circumstances, and a journey of personal progress. These factors can significantly influence the direction and potential resolution of a case.  During the negotiation process, we leverage our wealth of experience in DUI defense on behalf of our clients, highlighting their individual circumstances and efforts toward progress.

Remember, you are not alone in this process. We are here to support you with confidence, compassion, and a personalized approach. By working together, we will explore these strategies and fight to protect your rights and achieve the best possible result.

Please reach out to us to schedule a consultation. We look forward to helping you navigate through this challenging time and providing you with the dedicated legal representation you deserve.

Under RCW 46.61.502, driving under the influence (DUI) in Washington State carries significant penalties. In general, the penalties, in summary, are:

License Suspension:

Upon a DUI conviction, the offender’s driver’s license may be suspended for a period determined by the court. This means the individual will be prohibited from operating a motor vehicle during the suspension period.

Note: A separate administrative process through DOL may suspend your license before a conviction.  Our firm is skilled at representing clients through those proceedings, and we carefully strategize our criminal case defense with DOL proceedings for the best outcome that can save you time and money.  Our team will guide you through this complex process.

Fines

A DUI conviction can result in substantial penalties imposed by the court. The fine amount may vary depending on factors such as the number of prior offenses and the severity of the DUI incident.

Note: Through defending a few thousand DUI cases throughout the years, we can estimate what a possible fine will be and work hard to save you as much as possible considering the overall cost of a DUI that can result related to your license, classes, monitoring devices, and so forth.

Jail Time

DUI convictions carry mandatory minimum jail sentences; a court may impose a lengthy incarceration term for repeat DUI offenders or cases involving aggravated circumstances.

Note: Although there are mandatory minimum sentences, we have successfully secured alternative sentencing options for clients who could not serve a jail sentence for factors such as physical health, jobs, or other legal proceedings.  Alternative sentences are not given lightly in DUI cases, and your lawyer should possess extensive knowledge of recent changes to the sentencing laws in Washington. With our experience, we can formulate a strategy to reach this outcome if warranted.  We work with our clients to gather the necessary information to prepare for a sentencing hearing and or through our negotiations with a prosecutor to reach a joint resolution.

Ignition Interlock Device

As part of the penalty, individuals convicted of DUI may be required to install an ignition interlock device (IID) in their vehicle. This device serves as a breathalyzer, testing the driver’s breath for alcohol before allowing the car to start. The IID aims to prevent intoxicated driving by ensuring the driver is alcohol-free.

Note: Depending on your DUI history, this device, an at-home device, or a scram bracelet may also be required during the pre-trial phase. IID may be required as part of the outcome of the DOL administrative proceeding before a conviction.  Suppose DOL suspends your license before a sentence, and you installed an ignition interlock to continue driving legally during the suspension. In that case, DOL will credit the months previously suspended to the conviction requirement.  Contact our office to understand the complex DOL aspects involved with a DUI.

Alcohol Education or Treatment

To address the underlying issues related to driving under the influence, the court will order individuals convicted of DUI to participate in alcohol education or treatment programs.

Note: If you must complete these conditions, our office will provide you with a list of trusted referral agencies.  We simplify things for you by holding your hand through this process so you can move forward successfully and at the least cost.

Under RCW 46.61.502, which addresses DUI offenses in Washington State.  In determining the severity of DUI penalties, various factors come into play. Some of these factors include, but are not limited to, the presence of passengers in the vehicle, mainly if they are minors, any prior DUI convictions within the past seven years, involvement in an accident, and displaying highly confrontational behavior towards the arresting officer, among other things. To fully understand the specific implications and consequences relevant to your situation, we can advise you in a consultation.  Below is a summary, but please note that this does not cover all circumstances.

First-Time DUI Offense

Standard jail time: 1 day to 1 year (actual jail time can vary within this range).  Alternative sentencing options: Electronic home monitoring, work release programs, or other alternatives may be considered.

Repeat DUI Offenses

Longer jail time: Repeat offenses generally result in longer jail sentences than first-time offenses.  Minimum sentences: Washington law mandates minimum jail terms for individuals with multiple DUI convictions. The minimums can range from 30 days to several months, depending on the number of prior convictions and your BAC level.

Blood Alcohol Concentration (BAC) 

BAC above the legal limit of 0.08 can enhance penalties, potentially leading to longer jail time. The specific increase in jail time can vary based on the judge’s discretion and the circumstances of the case.

Higher BAC (e.g., above 0.15%): If the BAC is significantly higher, the penalties, including longer jail sentences, can be more severe.

It is important to note that this is a general summary, and the actual jail sentences can vary based on the judge’s discretion, the defendant’s criminal history, and the specific details of the case. To fully understand the potential jail sentences and their application in your particular situation, schedule a consult, and we can advise you accordingly.

Aggravating Circumstances

Reckless Endangerment: If you have children in your car at the time of your arrest, penalties for jail sentences increase.

Reckless Driving

If the DUI offense involves reckless driving, it can lead to additional penalties, such as longer jail sentences.

Causing Injury or Death

DUI incidents that result in injury or death can have severe consequences, including substantial jail time and other legal repercussions.

When individuals are arrested for a DUI in Washington State, it’s completely normal to have concerns and fears. However, it’s important to remember that you have options and resources available to navigate this situation.  Our team has helped many individuals facing the same situation, and these are the most common concerns expressed by our clients at our initial consultation.

Legal Consequences

One of the most prevalent fears is the potential legal consequences of a DUI arrest. This can include fines, probation, mandatory alcohol education programs, license suspension, ignition interlock device requirements, and even incarceration, especially for repeat offenses.

Impact on Driving Privileges

Losing the ability to drive is a significant concern for many individuals. The fear of a suspended or revoked driver’s license can impact daily life, including commuting to work, fulfilling family responsibilities, and maintaining personal independence.

Financial Impact

DUI convictions often come with substantial economic consequences. Fines, court fees, legal representation costs, increased insurance premiums, and potential loss of employment due to a criminal record can cause financial strain and worry.

Social and Professional Repercussions

A DUI arrest’s social and professional consequences can be distressing. The fear of damaging personal relationships, reputation, and future employment prospects can weigh heavily on individuals. A DUI conviction may also affect professional licenses or result in the loss of job opportunities, particularly in specific fields.

Criminal Record

The fear of having a permanent criminal record can be distressing. A DUI conviction can have long-term implications, potentially affecting future employment prospects, housing applications, educational opportunities, and other aspects of life.

Impact on Personal Life

Individuals arrested for a DUI may worry about the effect on their personal life, including strained relationships with family and friends. The stigma and shame associated with a DUI arrest can be emotionally challenging.

Alcohol and Substance Abuse Concerns

A DUI arrest can be a wake-up call for some individuals, prompting concerns about their relationship with alcohol or substances. They may fear the potential impact on their health, well-being and the need for intervention or treatment.

It’s important to note that while these fears are common, they are not exhaustive, and the specific concerns can vary depending on individual circumstances. If you or someone you know is facing a DUI charge, please get in touch with our office so that we can provide personalized guidance and support tailored to the situation.

When an individual is charged with assault, the court will most likely issue a pre-trial no-contact order.  This means that it can be in place before the outcome of your case.  If you are convicted of assault or related charges, the court most likely extends the no-contact order post-conviction.  Many times, if you and the alleged victim, in this case, were living together, you may be restrained from going back to your shared home.  If you share children in common, you have a new set of immediate issues.  Our office has helped many individuals at this phase of the case find the right solution to get them through the remainder of the case.  Depending on the circumstances of the case, it is possible to find a way to have it terminated.  It does take a skilled and experienced lawyer to navigate these issues for you at whatever stage you are facing to get you on a path that allows you to resume daily life.

To understand the consequences of an assault conviction, it is helpful to understand the different levels of assault you can be charged with in Washington state. Remember that our clients have never faced the maximum penalties, and many times, we have avoided a conviction altogether, or if it were a felony, we have often been able to reduce it to a gross misdemeanor.  Our legal strategy will depend on the circumstances of the case, among other factors, to determine the best path forward for the best outcome.

Simple Assault (Assault in the Fourth Degree) is classified as a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $5,000.

Assault in the Third Degree is a Class C felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.

Assault in the Second Degree is a Class B felony, punishable by up to 10 years in prison and/or a fine of up to $20,000.

Assault in the First Degree is a Class A felony, punishable by up to life imprisonment or a term of years and/or a fine of up to $50,000.

The decision to charge someone with assault or any other criminal offense lies with the prosecuting attorney. The purpose of criminal charges is to hold individuals accountable for alleged criminal actions and to protect the community by deterring criminal behavior.  However, there are instances where criminal charges, including assault charges, can be misused or abused. In those situations, we have seen individuals filing false or exaggerated assault complaints for personal gain, to harm someone’s reputation, to obtain an advantage in divorce or custody proceedings, to obtain immigration status by claiming to be a victim, or simply because they wanted to hurt this person. This misuse of the legal system can cause significant harm to the accused, even if the charges are eventually proven false or unfounded.

Prosecuting attorneys are responsible for evaluating the evidence and determining whether probable cause exists to proceed with criminal charges. They must act by the law and ethical standards to ensure fairness and justice for all parties involved.  As your defense attorney, we will address concerns about potential abuse of the legal system by thoroughly investigating any allegations of false reporting.  In our initial consult, we will discuss a unique legal strategy based on your circumstances so that we can help you protect your rights, navigate the legal process effectively and move toward a brighter future.

In domestic violence situations, the state may proceed with the prosecution even if the victim does not want to press charges. Washington takes this approach to protect victims from potential intimidation or coercion and to prevent repeat offenses.

Once criminal charges have been filed, the decision to drop (dismiss) them lies with the prosecuting attorney, not the victim. The victim’s wishes and cooperation can influence the prosecution’s decision but are not the sole determining factor.  In some cases, prosecutors may consider the victim’s wishes, especially if the victim does not want to pursue the case or is uncooperative with the prosecution. However, other factors, such as the evidence available, the seriousness of the alleged assault, and public safety concerns, will also be considered when deciding how to proceed with the charges.

If you or someone you know is involved in an assault case and has concerns about the charges, seeking advice from a qualified criminal defense attorney is crucial to understanding the legal options and potential outcomes.

Suppose you have been charged with assault in Tri-Cities, WA, including Richland, Kennewick, or Pasco. In that case, you will find yourself going to court in Benton, Franklin County District, Superior Courts, or Pasco Municipal Court.  Many individuals have retained us over the years to represent them in these courts, and we have worked with the prosecutors and understand the Judges we will be in front of.  That is key in coming to the best outcome for your case.  Expect the possibility of a no-contact order being placed by the Court almost immediately to protect the alleged victim.  The courts in our local community have gotten tougher and tougher on individuals charged with assault or domestic violence, even if this is the first time they have ever been in trouble.  Depending on the situation, we may be able to avoid a pre-trial no-contact order which we can discuss during our initial consultation.

Do not take these charges lightly because of the implications that may follow you around.  It is important to understand the consequences of this type of conviction beyond the court proceedings.  We aren’t only defending you; we are fighting for your future.  There is hope, and we know this from the hundreds of people who have hired us through the years and successfully progressed through this with our help.