Chances are quite high that a person facing a fourth DUI in Washington will be held in custody while their case is pending unless they can post what will likely be very high bail or bond.
The judge has an obligation to consider the safety of the community when deciding whether to allow an accused person to be released from custody.
Often, the judge will rule on the side of caution in this regard and may not be satisfied to let the person be free in the community, even if the person offers to have an ignition interlock device or be on electronic home detention. An experienced Washington State DUI lawyer will know the best arguments to persuade a judge from holding a person in custody while their case is pending.
At Callahan Law, P.S., Inc. our DUI Lawyers tackle tough issues for our clients every day, so don’t hesitate to schedule a free initial case appointment.
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The penalties for a DUI conviction become increasingly harsh with each subsequent offense. So, while a first-time DUI offender may get by with a “slap on the wrist,” a person with a fourth conviction for DUI is facing very serious consequences, even if one or more of the three prior DUIs occurred a long time ago.
There is a misunderstanding that many people have about DUI sentences; they believe that if the prior DUIs are outside of 7 years, the judge cannot sentence them beyond the mandatory minimum for a first offense.
This is not the case. Although the judge may not impose less than the mandatory minimum, when it is a second, third, or fourth DUI conviction, the risk of getting a year in jail increases proportionally.
Without A Great Defense, the Cards Are Stacked Against You.
The prosecution does not necessarily need to prove that the person gave a breath or blood sample above the legal limit; they only need to prove, beyond a reasonable doubt, that the person’s driving was affected by an impairing substance.
Law enforcement officers in most agencies in Washington have the goal of pulling over three cars per hour. The primary purpose of this goal is to locate and arrest drivers who have been drinking. They will stop a vehicle for the slightest driving irregularity or minor equipment violation. Once they smell the odor of alcohol, an arrest is imminent, whether or not the driver performs the voluntary field sobriety tests. The officer has the power to search the vehicle upon arrest and, except sometimes in the case of a commercial or farm transport vehicle, must impound the vehicle, causing the driver to pay towing and impound fees to get their vehicle back.
DUI laws and the courts’ decisions regarding them are always evolving. If you need a DUI lawyer who creatively challenges the evidence against you, who understands the science and technology of breath and blood testing, and who has the experience to notice mistakes made by the police and prosecutors in DUI prosecutions, you need Callahan Law, P.S., Inc.
“There are three classic or specific circumstances when a DUI would actually be elevated to a felony”
Watch this video to learn more.
If you or a loved one has been arrested for drunk driving, give us a call today to discuss your case.
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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of Washington.