Seattle License Suspension Defense Lawyers
Washington License Suspension
A motorist is determined to be driving under the influence of drugs or alcohol, or both, if the motorist is stopped by law enforcement, given a field sobriety test, and/or given a breathalyzer test, and the results of that test show that the driver has a blood alcohol concentration of 0.08% or higher (or 0.02% for those individuals who are not yet of the legal drinking age of 21). Once a motorist is declared under the influence of an illicit substance, which can even include prescription medications and over-the-counter medicines, that motorist is taken into custody by law enforcement. Furthermore, the motorist's driver's license is suspended.
Even if a driver refuses to consent to a blood alcohol test, that driver's license may be suspended. Washington's Implied Consent Law states that any licensed motorist in the state of Washington "is deemed to have given consent...to a test or tests of his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug." Furthermore, the law states that "if the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year and.the driver's refusal to take the test may be used in criminal trial" (RCW 46.20.308).
According to the Washington state Department of Licensing, a revoked license will "be suspended from 90 days to 4 years, based on prior offenses" and a motorist's blood alcohol level. Issues taken into consideration when determining the length of suspension are:
- Whether or not the officer who placed you under arrest did so lawfully, meaning that that officer had reason to believe that you were in control of a vehicle while driving under the influence
- Whether the officer explained the Implied Consent law, and the officer administered an alcohol test correctly if you agreed to it
- Whether or not you refused to take the alcohol test altogether
Regardless of circumstance, it is important to have a skilled Washington drunk driving defense attorney on your side who can sort through the details of your license suspension and work towards minimizing sentencing as much as possible. At McNeese & Trotsky, our skilled King County DUI attorneys will work towards getting you the best possible result in your case. Please call us today for a free consultation at 206-332-1918.