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DUI Defense

When it comes to DUI defense, experience is critical!

Attorney Sheri Pewitt, Founder of the Pewitt Law, focuses much of her practice on DUI Defense. A DUI charge is a very serious charge and few cases require greater attorney expertise than driving under the influence of alcohol or drugs. As a member of the National College for DUI Defense, Attorney Pewitt has the training, experience and knowledge to vigorously advocate on behalf of her clients to ensure a strong DUI defense.

DUI cases are especially complex because they require defense counsel to understand scientific as well as legal processes. The legal issues are wide ranging involving search and seizure, due process, illegal interrogation, denial of counsel and complex evidentiary issues. These legal issues intersect in a DUI case with scientific areas of expertise involving anatomy, biology, physiology, and toxicology as well as pseudo-scientific such a field sobriety testing. DUI defense counsel must also have a working understanding of the operation of the breath testing equipment, hospital testing equipment and instruments utilized by forensic laboratories in the process of testing for intoxicants. – National College of DUI Defense

Driving Under the Influence is a gross misdemeanor punishable by a maximum 364 days in jail and a $5,000 fine. RCW 46.61.502

(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506 or

(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or

(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.

Mandatory minimum sentences:

No prior offense within past seven years:

Alcohol Concentration Less Than .15 or No Test Result

  • 24 consecutive hours in jail; or 15 days electronic home monitoring
  • $940.50 minimum fine
  • License: 90 day suspension
  • Ignition Interlock: Required for 365 days after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

Alcohol Concentration at Least .15 or Greater or Test Refusal

  • 2 days consecutive in jail; or 30 days electronic home monitoring
  • $1,195.50 minimum fine
  • License: I year suspension; 2 years if test refused
  • Ignition Interlock: Required for 365 days after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

One prior offense within past seven years:

Alcohol Concentration Less Than .15 or No Test Result

  • 30 days in jail; plus 60 days electronic home monitoring
  • $1,195 minimum fine
  • License: 2 year suspension
  • Ignition Interlock: Required for 5 years after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

Alcohol Concentration at Least .15 or Greater or Test Refusal

  • 45 days in jail; plus 90 days electronic home monitoring
  • $1,620.50 minimum fine
  • License: 900 day suspension; 3 years if test refused
  • Ignition Interlock: Required for 5 years after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

Two or more prior offenses within past seven years:

Alcohol Concentration Less Than .15 or No Test Result

  • 90 days in jail; plus 120 days of electronic home monitoring
  • $2045.50 minimum fine
  • License: 3 year suspension
  • Ignition Interlock: Required for 10 years after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

Alcohol Concentration at Least .15 or Greater or Test Refusal

  • 120 days in jail; plus 150 days electronic home monitoring
  • $2,895.50 minimum fine
  • License: 4 year suspension
  • Ignition Interlock: Required for 10 years after license is reinstated
  • Alcohol & drug evaluation plus any recommended treatment
  • Five years probation

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.