Tacoma DUI Attorneys Protect Your Rights

Driving is an essential part of life for many Tacoma residents, but there are certain actions you take behind the wheel that can have legal consequences. Driving under the influence of a substance, for example, is illegal, but unfortunately, DUI charges, as they are known, are on the rise in Washington State.

A DUI charge isn’t a traffic violation like a speeding ticket; a DUI is considered a criminal offense. At best, this can impact your life by taking away your driving privileges. At worst, you may face jail time.

Our Tacoma DUI lawyers have over 30 years of experience dealing with these charges throughout Washington State. Here’s what you need to know about DUI in this region.

DUI stands for “Driving Under the Influence” of a substance, usually alcohol or drugs. The law on DUI is very clear. DUI is classed as a gross misdemeanor, and it is defined as:

• Having a blood alcohol level of 0.08 or higher
• Having a THC concentration rate of 5.0 or higher
• These levels are measurable within a 2-hour window of driving

If a law enforcement officer charges you with this in Tacoma or any other part of Pierce County, you should seek out the guidance of experienced Tacoma DUI lawyers immediately. There are numerous consequences associated with a conviction.

DUI in Washington State carries criminal penalties. The five components of punishment are:

• Jail time to a maximum of one year
• Fines
• Loss of license
• Probation
• Use of Ignition Interlock Device on vehicle

The outcome of these penalties depends on factors like blood alcohol level. For example, if the BAC is over 0.15% or a test is refused, the penalties are:

• 48 hours of jail time or
• 30 days of electronic home monitoring
• Fines between $1245-5000
• License Suspension of 1-2 years
• Ignition Interlock device installation for one year after suspension
• 5 years probation

While getting charged with DUI for the first time is serious, Washington State law is even unforgiving with drivers who are charged again.

A second DUI charge can result in:

• 30-45 days in jail
• 60-90 days of electronic home monitoring
• Fines between $1245-5000
• License Suspension of 2-3 years
• Ignition Interlock device installation for five years after suspension
• 5 years probation

A third DUI charge can result in:

• 45-90 days in jail
• 120-150 days of electronic home monitoring
• Fines between $2095-5000
• License Suspension of 3-4 years
• Ignition Interlock device installation for ten years after suspension
• 5 years probation

Washington State has a separate set of DUI laws for minors. Anyone under the age of 21 with a BAC of over 0.02% who is charged with DUI may face:

• Up to 90 days in jail or juvenile detention if under 18, but this is not mandatory
• Fines up to $1000
• License Suspension of 90 days
• Up to 2 years probation

In 2022, the state codified cannabis driving laws, which use different measurement standards. In the case of cannabis, a THC amount of 0.05 nanograms or more results in DUI charges. However, the penalties are the same as for alcohol.

Even if you’re not actively driving, you can still be served with DUI penalties. This is known as a Physical Control While Under the Influence Charge. At its simplest, this means you may be intoxicated and sitting in a vehicle, and the police can still charge you. Examples of this include:

• Sitting in a vehicle with keys in the ignition
• A driver in a vehicle that is out of gas
• A passenger who grabs the steering wheel for just a moment

There is a greater chance of overturning these charges with a good Tacoma DUI attorney, as the conditions for this charge are more broad and open to interpretation.

If a DUI charge or other offense has resulted in a license suspension, some people risk driving anyway. Should you get caught, this is another criminal offense in Washington State, known as Driving While License Suspended. For someone under an existing DUI charge, this can effectively double penalties or be even more severe.

A DOL Hearing is the short form for a Washington State Department of Licensing Hearing. This is a civil hearing, which determines whether the case should proceed to trial. In this case, a DUI DOL hearing based on implied consent laws is about a driver challenging a license suspension and arrest made when the driver refused to submit to a substance test.

“Implied consent” is where a driver, by receiving a license to drive, has pre-emptively agreed to an alcohol or drug test when asked to by a law enforcement officer. Refusal results in an automatic suspension of your license. A DUI DOL hearing can challenge this by looking at four key points:

• Legality of arrest
• Whether the officer had reasonable grounds for a DUI or Physical Control charge
• Whether the driver was advised of their rights and implied consent laws before charges
• Whether a test was conducted or refused

Working with an experienced Tacoma DUI attorney in Pierce County is one of the few ways to shift a DOL outcome.

With over 30 years of experience in Washington State, our Tacoma DUI attorneys have helped many people facing DUI charges. Some of the most common questions we’ve been asked are:

With numerous options for entertainment in the Pierce County area, it’s no wonder that people flock to places like Keys on Main or the Museum of Glass to enjoy themselves. But this means behaving responsibly, especially if alcohol is involved.

This is true for everyone, whether they live in Tacoma itself or Bonney Lake. However, no one is perfect, and mistakes are inevitable. Sometimes, it’s poor judgment, but at other times, it’s someone else’s mistake and you need to challenge it, especially when the charges are as serious as DUI.

For over 30 years, our law firm has been serving the needs of people in Washington State. While it’s every American’s right to handle legal matters themselves, as with construction, medicine, or any other field, you get better results working with professionals. Our team of DUI attorneys has the experience, knowledge, and empathy to protect your rights in court.

After the initial arrest, the process leading up to trial is:

• Arraignment: Your first hearing where you enter a plea of guilty or not guilty
• Pre-Trial Conference: You or your attorney meet with the prosecutor to discuss the case and set a trial date.
• Motions/Evidentiary Hearing: The arresting officer and others are now evaluated to determine if the case should proceed.
• Readiness Hearing: This is where discussions occur regarding the necessity of a trial or potential changes to outcomes, such as plea bargaining to reduce charges.
• Trial: You can either have the trial conducted with a jury of your peers or a “bench trial,” where the judge decides.
• Sentencing: The verdict is reached and then carried out.

Due to the numerous stages involved, it’s advisable to seek out experienced legal guidance. You can find DUI attorneys to help in various regions, like:

Fife is located just east of Tacoma. Although the population is less than 11,000 in total, the area is rich in diversity. If you live in this area and had an incident where law enforcement has charged you with DUI, you don’t have far to go. There are DUI attorneys to consult in this region.

Puyallup is located southeast of Tacoma. It’s a larger, affluent area but is just as vulnerable to people getting charged with DUI as any other part of the county. There are, however, DUI lawyers in the area who can utilize their experience to assist those in need.

Lakewood is strategically nestled between Olympia and Seattle. It’s a densely populated area with several schools, resulting in a busy region. Due to this density and demographic diversity, traffic incidents can and do occur here; however, Lakewood DUI attorneys are available to serve residents if needed.

All of these regions—and more—are concentrated in the Pierce County area. If you find yourself stopped in the county and charged with DUI, you have options. Consult with Pierce County DUI attorneys to discuss your case and explore potential resolutions.

One of the areas where DUI lawyers in Tacoma can be especially helpful is reducing your charges. A DUI charge may be reduced to:

Like DUI, reckless driving is a gross misdemeanor. It even has some of the same penalties as a DUI. However, it can also be eventually removed from a criminal record. A DUI charge is permanent. This may be preferable in the long term.

While first-degree negligent driving is still a criminal offense, it is classified as a misdemeanor. This means that its penalties are less severe than DUI charges. It also means that, like a reckless driving charge, this can eventually be struck from your record.

Second-degree negligent driving is the least serious charge of all. It is considered a serious traffic violation, not a criminal act. As a result, being charged with this won’t affect a criminal record, although it does impact your driving record, and fines must still be paid.

DUI attorneys in Tacoma and throughout Pierce County can assist with a variety of traffic-related charges. Even if you haven’t been charged with DUI, these attorneys may be able to help with:

Reckless endangerment is also a gross misdemeanor; however, it is not just limited to driving. Other actions in or near a vehicle or not related to driving at all may constitute reckless endangerment. This leaves a lot of room for interpretation, which an attorney may be able to challenge.

Racing is a specific type of reckless driving that has its own charge. While a racing charge is difficult to overturn if there is sufficient evidence, there are cases where law enforcement officers may be mistaken about the circumstances, and a DUI attorney knowledgeable in traffic law can challenge this.

A hit-and-run incident has two types of charges, although both are criminal. The lesser charge for an unattended hit-and-run is damaging a vehicle or property and then fleeing the scene. The more serious attended hit-and-run charge is for hitting an occupied vehicle, pedestrian, or cyclist and then fleeing. If you are charged with this, seek out an attorney immediately.

Vehicular assault is a serious criminal charge that involves injury or even death of people struck by a vehicle. It’s not uncommon for this to be an additional charge in cases of DUI, reckless driving, or other vehicular offenses. You should never attempt to deal with a vehicular assault charge on your own.

While not as serious, traffic violations can still have an impact on both your insurance and driving record. Some situations that can be challenged in court include:

Speeding is a common traffic violation in Washington State. However, when speeding occurs in a school zone, the penalties are magnified. While this is not a criminal case, a Tacoma attorney may be able to get tickets dismissed under the right circumstances.

Speeding violations can also occur if law enforcement officers decide you are driving too fast for the current conditions. So, if you are following normal speed limits during icy road conditions, for example, you could get ticketed. There are other violations, such as following other vehicles too closely or making improper lane changes, which can also be challenged and even dismissed with the help of a DUI attorney in Tacoma.

Another area with specific speed requirements is construction zones. Due to the nature of these sites, special speed restrictions apply. However, these tickets can be challenged or dismissed under the right circumstances and with the assistance of a skilled DUI attorney in Tacoma who is knowledgeable in traffic law.

Using a cellular phone or other device while driving is strictly prohibited in Washington State. These fall under the more general category of distracted driving. Like other violations, a ticket may be challenged or even dismissed under the right circumstances and with the help of an experienced DUI attorney in Tacoma.

High Occupancy Vehicle Lanes have their own special set of laws governing driving rules. This also means they carry their own set of penalties for violating those laws. Depending on what happened and what law enforcement officers did or didn’t see, it may be possible to challenge this ticket and even get it dismissed.

“CDL” drivers often operate a different class of vehicle with its own performance demands. So, while there are understandable modifications to lane usage laws, CDL drivers can still violate this in their own way. There are also unique violations for such drivers, like wheels off the roadway or overweight tickets, which need an experienced DUI attorney who knows CDL law to resolve.

Obeying traffic signs is a basic requirement for obtaining a driver’s license, and stop and yield signs have specific laws associated with them. This also means that there are specific penalties that come with violating these laws. If you think you’ve been unfairly ticketed in such a situation, a lawyer might be able to help.

If you’re facing DUI charges or other traffic violations you want to challenge, we can help. Tacoma DUI attorneys in Pierce County have the experience, expertise, and empathy to help change your outcome. Contact us today.

Going through a DUI arrest in Tacoma is a humiliating experience that can leave you full of doubts about your future. If you've been arrested for a Tacoma DUI, you probably feel like your whole world is closing in around you. One thing is certain: You want to put the whole ordeal behind you as quickly as possible.

Most people our Tacoma DUI lawyers represent have never been arrested, and don't consider themselves to be criminals. At the Law Office of Jason S. Newcombe, we want you to know that a DUI arrest does not make you a criminal. Sometimes honest, hard working people make poor choices or just end up in a bad situation. Don't allow the emotional trauma of a DUI arrest keep you from taking action. Schedule a cost-free case evaluation and find out how we can help you return to a normal life.

Our Tacoma DUI attorneys resolve hundreds of drunk driving-related cases annually - for first time offenders and those with prior convictions. Most people arrested for a DUI had no intention of breaking the law, and hope the court will show them some understanding.

However, prosecutors often seek maximum punishments in DUI cases, so it makes sense to get help from qualified Tacoma DUI lawyers, who understand the process. If you're convicted of a DUI in Tacoma, it may very well have a devastating effect on your life. Penalties for a first-time DUI conviction in Tacoma include mandatory jail time, fines, and a driver's license suspension. You may also face certain discretionary penalties.

Driving Under the Influence (DUI) is a fairly common criminal charge in Washington State and Pierce County. Often called a DWI in other states, DUI is a gross misdemeanor. This means the maximum penalty is 364 days in jail and a $5,000 fine. Beyond that, you are also looking at probation, a license suspension, an ignition interlock requirement, court ordered classes, and more. In a few circumstances, depending on your history, a DUI can even be charged as a felony.

The mandatory penalties you will be facing will depend on a variety of different factors – each of which can increase the repercussions. This includes:

• Whether you had a blood alcohol content (BAC) above .15
• Whether you have previously been charged with a DUI or physical control
• Whether you refused to provide a breath or blood test when requested
• Whether you were over 21 years old at the time of the incident
• Whether you had passengers under 16 years old

In addition to possible repercussions from the criminal court, you are also facing a second case from the Department of Licensing (DOL). When an individual is arrested for a DUI, he normally also faces a suspension hearing from the DOL. Once arrested, your license is tentatively scheduled to be suspended unless you request a hearing to fight the suspension. The request must be made within 20 days from the date of arrest and costs $375. It is important to note, because this is an administrative hearing and not criminal, you do not have a right to an attorney in the proceeding. You certainly can hire your own attorney to represent you but one will not be appointed to represent you if you cannot afford to hire one.

If you would like to discuss your situation, including both the criminal and DOL proceedings, we will be more than happy to speak with you. Representation can include both hearings or simply one, if you prefer.

Now is the time to protect your legal rights, with help from our Tacoma DUI lawyers. With more than 30 years of combined experience, we are well equipped to handle your case.

After a DUI arrest, you may not know where to turn for help. Washington drunk driving laws are often confusing in Tacoma DUI cases, and you may have questions about your legal rights. The successful resolution of a DUI case may mean different things to different people. Some drivers may feel like their arrest was unwarranted, and others may be satisfied if they're able to retain their driving privileges and stay out of jail.

Get a better idea of what to expect by talking to one of our Tacoma DUI lawyers about your arrest. If you were pulled over without a legitimate probable cause, we may be able to have your DUI charge dismissed. If the measuring device used to determine your blood-alcohol level was not calibrated according to regulated guidelines, we may also use this evidence to bolster your case.

Other factors may come into play in a Tacoma DUI case, so get more information by scheduling a free case evaluation today. Speak with one of our DUI lawyers without any risk or obligation, and then decide if you would like to fight back with help from our team of professional litigators.

Contact our law office today and talk to a qualified Tacoma DUI attorneys about how you can fight the devastating impact of a DUI conviction.