Skyrocketing Number of Marijuana-Related DUI’s in Washington

You may have seen recent traffic safety commercials stating, “Drive High, Get a DUI.” Simply said, the Washington State Patrol and local enforcement agencies have stepped up DUI enforcement across the state, resulting in skyrocketing arrest rates for marijuana-related DUI. Often times a driver will use marijuana and think they are still OK to drive however; even a few puffs can leave you above the legal limit of 5 nanograms per milliliter of whole blood. Arresting officers will look for glassy eyes, slurred speech, slowed movements, and the odor of marijuana coming from the car. While you may think you don’t exhibit these symptoms, police officers are specially trained to identify these effects and only need probable cause to pull you over.

Of course, you should never drive after using marijuana but if you are arrested for a marijuana-related DUI you will need representation from a highly experienced attorney who is familiar with the Washington laws regarding Marijuana DUI and the best steps to take to help your case.

Attorney Raymond Ejarque has over 20 years of experience fighting for your rights. The law offices for Raymond W. Ejarque offers free and private consultations. Please call at 206-621-1554 or visit our website at www.seattle_duidefense.com.com for more information.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney.

A recent DUI in Seattle, and a previous DUI in another State, Can I be extradited?

In order for you to be extradited there needs to generally be a warrant for your arrest. If you did have one, it should have come up when you were arrested on the current DUI charge and you would have most likely been held without bond pending a decision by the other State in which you had the previous DUI as to whether they choose to extradite you.

I have never seen anyone extradited on a misdemeanor warrant. It is just too expensive. Any attorney you hire in Washington will want to know your previous out of state case background information in order to provide you with the best legal representation in your current Washington DUI case.

Make sure you do not try to handle your Washington DUI case on your own. Even if the DUI charge was vacated in the other state, seeing a prior alcohol related charge in your criminal history will make the prosecutors in Washington think twice in how they choose to treat your case and in terms of any negotiations if or when it comes up. Washington’s DUI penalties are some of the most strict in the nation, and you need a good DUI defense attorney. It is important you retain one ASAP as there are critical timing issues in all DUI cases. One of the most immediate is a pending driver’s license suspension.

 

Attorney Raymond Ejarque has over 20 years of experience fighting for your rights. The law offices for Raymond W. Ejarque offers free and private consultations. Please call at 206-621-1554 or visit our website at www.seattle_duidefense.com.com for more information.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney.

Can I take prescribed medication while on Deferred Prosecution?

Taking prescribed medications should not be a violation of the conditions of a deferred prosecution, but it is probably wise to inform your attorney, probation officer and the court. If you’re talking about prescribed marijuana, the answer depends on the treatment provider and the court. It is not uncommon for the judge to order no consumption of alcohol or marijuana during the term of deferred prosecution even if you have prescription. If you are taking another prescription medication, that medication will typically be addressed by your treatment provider. You should ask your attorney the specifics of your situation or if you don’t have an attorney, you should retain one immediately.

Attorney Raymond Ejarque has over 20 years of experience fighting for your rights. The law offices for Raymond W. Ejarque offers free and private consultations. Please call at 206-621-1554 or visit our website at www.seattle_duidefense.com.com for more information.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney.

Can Charges be Reduced after my first DUI in WA State?

After your 1st DUI charge, it is not possible to reduce your charge even after serving a 5 year probation AND even if you your driving and criminal record is clean since your DUI charge. The chance of a reduction after pleading guilty is none.  Unfortunately, DUIs cannot be vacated (expunged). The good news is that it will not be “prior offense” for the purposes of future DUIs after 7 years and it won’t affect your ability to enter Canada after 10 years.  Reducing a DUI post-conviction is impossible in the state of Washington. Unfortunately, you cannot get a charge reduced post-conviction.

I guess the lesson here is to fight your DUI with a good attorney BEFORE you are convicted.

Attorney Raymond Ejarque has over 20 years of experience fighting for your rights and DUI defense. The law offices for Raymond W. Ejarque offers free and private consultations. Please call at 206-621-1554 or visit our website at www.seattle_duidefense.com.com for more information.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney. To speak with an attorney about your case, please contact Law Office of Raymond W. Ejarque for free and private consultation 206-621-1554.

New office in Tacoma

We are excited to let you know that we have expanded. The Law office of Raymond W. Ejarque has now a second location in Tacoma, WA.

Our address: 1201 Pacific Avenue #600 Tacoma WA 98402.

The Law offices Raymond W. Ejarque offers free and private consultations so give us a call at 253-592-6049 or visit us at www.seattle-duidefense.com.

Thank you.

Not all DUIs are the same

Not all DUIs are the same. There are many factors that can affect how a driving under the influence charge may be treated.

For example, a DUI that occurs on federal land (such as a national park) won’t follow the same process as one that occurs on state land.

Another factor is what type of substance caused the DUI. While all 50 states have the same legal limit for alcohol, offenses for other substances rarely have any legal limit. In those cases, the prosecution will be attempting to prove that your ability to drive was impaired by whatever substance was involved, rather than simply showing that you were over a “legal limit.”

DUI laws can also vary depending on what type of vehicle was involved and the state laws affecting those vehicles. Often, more unusual vehicles will be treated differently than a conventional motor vehicle. These “unusual” vehicles may include ATVs, bicycles, golf carts, and snowmobiles, among others. Certain types of vehicles may also fall under more specialized laws, such as Boating Under the Influence (BUI), which applies to various watercraft.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney. To speak with an attorney about your case, please contact Law Office of Raymond W. Ejarque for free and private consultation 206-621-1554.

Alcohol kills one person every 10 seconds worldwide

Here is an article to share about alcohol related deaths world wide.

Alcohol kills 3.3 million people worldwide each year, more than AIDS, tuberculosis and violence combined, the World Health Organization said Monday, warning that booze consumption was on the rise. Including drink driving, alcohol-induced violence and abuse, and a multitude of diseases and disorders, alcohol causes one in 20 deaths globally every year, the UN health agency said. “This actually translates into one death every 10 seconds,” Shekhar Saxena, who heads the WHO’s Mental Health and Substance Abuse department, told reporters in Geneva.
http://news.yahoo.com/alcohol-kills-one-person-every-10-seconds-worldwide-131403384.html

Estimated DUI Costs in Seattle

The financial cost of a DUI conviction can range as much as $5,000 or more when after the dust settles. This often includes fines, bail, increased premiums for auto insurance, legal fees, loss of income from being fired, taking days off work to attend court, and alcohol education classes that will likely be ordered by the court. In fact, you don’t even need to be convicted in order to start racking up certain charges when facing a DUI.

Due to recent changes in DUI laws in WA State, the fines are steep and many jurisdictions consider a first DUI offense extremely serious.

Potential Average Costs Related to a DUI:

  • DOL hearing – $375
  • Attorney fees – $2,500+
  • Bail – $150 to $2,500
  • DUI Education School/Alcohol Evaluation – $80 to $250
  • Car towing and impounding – $100 to $1,200
  • License reinstatement – $150+
  • Car ignition interlock device – $100 a month for a year
  • Increased premiums with auto insurance over one year – SR-22 3 years of high risk insurance

Additional Expenses:

  • Temporary loss of income
  • Probation fees
  • Treatment costs (if treatment is recommended)

The true financial impact on a single person is difficult to estimate as the costs can vary greatly depending on certain details such as jurisdiction, previous driving record, fines, attorney fees, and circumstances specific to the actual incident. Additionally, you need to consider whether there was any additional damage to other cars, properties, or any injuries.  People who receive DUIs miss a great deal of work not only to attend court, but also to perform community service aspects of their sentence, or even jail time.
In many states, your license can be suspended for a minimum of 90 days just for the DUI arrest itself. If you get a DUI conviction, your license could potentially be suspended for as long as an entire year or more.

If you are a stockbroker, airline pilot, nurse, lawyer or doctor, your professional license could also be revoked. Additionally, a DUI will be on your criminal record, visible to any potential employer that performs a background check on you. A DUI conviction will stay on your record for life.

This document should not be used for legal advice. Each case is different. For a free and personalized consultation, please contact Law Offices of Raymond W. Ejarque at 206-621-1554 or visit website at www.Seattle_duidefense.com for more information. Thank you!

 

 

5 Answers to FAQ regarding a DUI in Seattle

What should I do if I have one too many beers, margaritas, or martinis before getting on the road and I get pulled over?

When you’re first pulled over and approached by the police officer, your cooperation and politeness will help your case positively. Attempting to deceive or disrespect the officer will only get you into more trouble! Do not answer any questions until you speak to an attorney.

So what should I say when the officer starts asking me all sorts of questions about how much I’ve had to drink, when I last ate a meal, etc.?

You should definitely tell the officer about any illnesses, injuries, conditions you’ve been suffering from, but otherwise, you should politely tell the officer that you do not wish to answer any questions about whether or not you’ve been drinking, when you last ate a meal, and where you were traveling to without consulting your attorney first.

What happens when the officer tells me to get out of my vehicle and asks me to perform field sobriety tests–what should I do then?

You should politely tell the officer that you are not feeling well enough to perform any field sobriety tests (e.g. due to any of the illnesses, injuries, or conditions you’ve already told him or her about), and not agree to any test without talking to an attorney first. However if the officer takes you to the police station, you cannot refuse the test.

So the officer tells me that I now need to blow into a hand-held device so he can figure out if I’ve been drinking–do I have to do this?

No, this is a voluntary test. Politely decline and ask to speak to an attorney. However, if the officer takes you to the police station, you cannot refuse the test.

If the officer decides to arrest me for DUI, what should I after I get released from jail?

You should immediately consult with an experienced DUI attorney! Trying to handle your own DUI case without an attorney may ultimately result in you receiving harsher penalties in court, suffering an automatic suspension of your driving privilege by the DOL, and severe long-term financial and emotional consequences. Most DUI attorneys will also suggest that an attorney can obtain a favorable result for you, for the right price–don’t be fooled! Results can never be guaranteed! You should hire an experienced attorney who will be honest and straight-forward with you from start to finish, but who won’t charge you a premium for unrealistic results.

This document should not be used as a substitution for legal advice. Each case is different. Please contact Law office of Raymond W. Ejarque for your free and personalized consultation at 206-621-1554 or visit website www.seattle_duidefense.com for more information.

 

 

Challenging your BAC results

Attorney Raymond Ejarque lead a seminar in March at the DUI conference called “Strategies in Defending DUI Cases in Washington” in Seattle on “Challenging your BAC results.” This included a discussion on how to read the Database Discovery Report and Use it to your advantage.

Attorney Ejarque offers free consultations and can also be reached after hours at 206-854-7275 if you have questions and need help with your case.