Your License When You Get a DUI

Your license when you get a DUI is often a big concern for people.

When you have a DUI there are 2 separate legal processes to be handled.

• One is the Criminal side of the DUI that is addressed by the presiding Court.
• The other is the Administrative Hearing by the Department of Licensing.

The arresting officer will file the DUI report as required to address these two legal steps.

How Long is my License Good For?

The suspension of your driver’s license will begin 30 days from the date of your DUI arrest.   

Department of Licensing Administrative Hearing

You have 7 days, from the date of the arrest, to request a hearing with the Department of Licensing to contest the suspension.

This hearing will be held by telephone and the results will be mailed to you.

What will the Department of Licensing Consider?

During your Department of License Administrative hearing the examiner will consider several details.

• Were you under lawful arrest.
• Did the officer have reasonable grounds to believe you had been driving or were in physical control of a motor vehicle in the state of Washington while under the influence of intoxicating liquor or any drug,
• Were you advised of your rights and warnings.
• Did you refuse to submit to a test, or if you did take the test.
• Did the test indicate an alcohol concentration of 0.08 or more if you were 21 or over or 0.02 if you were under the age of 21.

What to Expect if We Handle the Hearing for you.

When you hire Merrill Law for your DUI, the Attorney will handle the Department of Licensing telephone hearing for you. When the examiner makes a decision, the results of the hearing will be mailed to you.

What to Expect If You Handle the Hearing Yourself.

The telephone hearing examiner will advise you that the testimony will be recorded and that all the testimony provided during the hearing is under oath.

The examiner will review the issues to be decided, and identify the exhibits.  Exhibits may include the police report and breathalyzer report.

This is the opportunity to object to the admission of evidence or testimony.  If an objection is made, the examiner will determine if it is appropriate to admit the evidence or testimony.  

All the witnesses will be sworn in and the examiner will listen to their testimony.  At this point you have the opportunity to testify, present evidence, cross-examine any of the state’s witnesses or you may bring your own witnesses to the hearing.  

The hearing examiner will adjourn the hearing.  

The examiner will review all of the submitted evidence. Then they will make a decision regarding the suspension of your license.  

The review process may take the hearing examiner up to 6 weeks from the date of the hearing.  

A temporary license will be extended for you that will be valid until the hearing examiner makes the final decision.  

The examiner will mail a letter to the address that you have on record to notify you of the decision.

If You Do Not Request an Administrative Hearing.

Your license will only be valid for 30 days from the date of the DUI arrest.  Your license will be suspended for 90 days or more.

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

EXCELLENT Based on 304 reviews.

Kylin Landry

2021-10-04

Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.

Doza m

2021-09-23

Took care of it just like Rick said he would. Will definitely use him again in the future if needed.

Bri Adams

2021-09-15

Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.

Roman Empire

2021-09-15

Kind and professional people. Will definitely be coming back!

Abraham Tewldeberham

2021-09-12

I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.

Sylvia Magnusson

2021-09-09

Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

Click Here To Learn More About DUI.

Want To Hear More From us.

You can connect with us on social media at any of the networks below.

You can have an Ignition Interlock Device installed in your personal vehicle. You can apply for an Ignition Interlock Employer Exemption. This will allow you to continue to drive for work after you have been accused of a DUI.

If the Court or the Department of License (DOL) has ordered you to have an Ignition Interlock Device installed on your personal vehicle, there is an exemption available for you to drive employer owned vehicles. The vehicle must be owned, leased, rented or be the temporary responsibility of your employer.

To be eligible to apply for the Employer Declaration for Ignition Interlock Exemption you need to:

• Have an Ignition Interlock installed on your personal vehicle.
• Complete the employee section of the form.
• Have your employer complete their portion of the form.
• Send a copy of the completed form to the Department of License
• You need to carry a copy of the form when you are driving the company vehicle.

You can find the Employer Declaration for the Exemption for the Ignition Interlock requirement at dol.wa.gov or you may Click Here to follow the link to the Department of License form.

Important Details To Be Aware Of.

The Exemption will only apply to a vehicle that your employer has directed you to drive. It will not apply to any vehicles that you are driving for your personal commute to and from work.

Feel free to call us with any questions or to ask for help to complete the form.

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

EXCELLENT Based on 304 reviews.

Kylin Landry

2021-10-04

Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.

Doza m

2021-09-23

Took care of it just like Rick said he would. Will definitely use him again in the future if needed.

Bri Adams

2021-09-15

Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.

Roman Empire

2021-09-15

Kind and professional people. Will definitely be coming back!

Abraham Tewldeberham

2021-09-12

I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.

Sylvia Magnusson

2021-09-09

Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

Click Here To Learn More About DUI.

Want To Hear More From us.

You can connect with us on social media at any of the networks below.

What is a SCRAM Bracelet?

The Secure Continuous Remote Alcohol Monitor (SCRAM ankle bracelet) is a device used by the Courts and probation officers in Washington State to determine if an individual has been drinking alcohol. 

The SCRAM is permanently affixed to a person’s lower leg, above their ankle.

Why is a SCRAM Bracelet Required?

A SCRAM bracelet may be required as a condition of release at the DUI arraignment for defendants who have prior DUI offenses, or if the blood/breath alcohol content was high at the time of the arrest.  

If the SCRAM bracelet is ordered, as a condition of your release, you will be required to wear the bracelet until the conclusion of your DUI case.

How does the SCRAM Bracelet Work?

It measures the ethanol vapor in your perspiration through a process called transdermal alcohol testing.  

Perspiration will contain a certain level of ethanol that is detectable regardless if you have visible sweat. 

Testing

• The bracelet tests automatically every 30 minutes.
• It stores all data that is collected until it is downloaded to the base station.  
• During the scheduled download, you are required to be within 30 feet of the base station.
• The results are transmitted to your assigned agent by a telephone line or a wireless router. 

Limitations

• The SCRAM bracelet has the ability to detect tampering, obstruction or damage to the device.
• It cannot be submerged in water, baths or swimming is not permitted. 
• Showering with alcohol free soap and water is permitted.  
• The area will need to be dried completely to avoid skin irritations.  

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

EXCELLENT Based on 304 reviews.

Kylin Landry

2021-10-04

Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.

Doza m

2021-09-23

Took care of it just like Rick said he would. Will definitely use him again in the future if needed.

Bri Adams

2021-09-15

Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.

Roman Empire

2021-09-15

Kind and professional people. Will definitely be coming back!

Abraham Tewldeberham

2021-09-12

I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.

Sylvia Magnusson

2021-09-09

Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

Click Here To Learn More About DUI.

Want To Hear More From us.

You can connect with us on social media at any of the networks below.

What is a Drug or Alcohol Evaluation?

A diagnostic evaluation of your alcohol or drug use history by a certified chemical dependency professional also known as an evaluator.  

Why do I Have a Drug or Alcohol Evaluation Requirement?

There are a few reasons why someone would need to get a Drug or Alcohol evaluation.  

The court may require an alcohol or drug evaluation as part of your probationary release of a current case.  

The Department of Licensing requires an evaluation to reinstate your license, after a DUI conviction.

Your attorney may ask you to complete an alcohol or drug evaluation in order to help with negotiations with the prosecutor for your pending D.U.I. case.

The Evaluation Interview

The certified evaluator will ask you a multitude of questions to help assess your current alcohol or drug use.  

They will review your:

• Legal history
• Blood alcohol content or evidence of drug use at the time of the arrest.  
• Case history including: age, marital status, education, any previous military service, job status, mental and medical health.  
• Current use of any prescribed or over the counter medications.  

You will be required to submit a urine sample for a toxicology screening for drugs and alcohol.

Evaluation Completion

After the Evaluation Interview the Evaluator will gather required documents to complete the evaluation report.  

Most agencies require the police report from the incident, your criminal background history, and a copy of your motor vehicle driving record.  You will need to sign the treatment agencies release of information so they may submit it to the Attorney.

The diagnostic evaluation with suggested treatment measures are compiled from the personal interview and the data from the various reports. 

Various Treatment Recommendations.  

Treatment recommendations are made by the professional. The Evaluator will recommend the best course of action to take regarding your current legal issue for the court to review. 

These may include intensive inpatient treatment, outpatient care, an 8 hour alcohol drug information school(A.D.I.S.) or a Victims Panel.  And are specific to the individual case.

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

EXCELLENT Based on 304 reviews.

Kylin Landry

2021-10-04

Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.

Doza m

2021-09-23

Took care of it just like Rick said he would. Will definitely use him again in the future if needed.

Bri Adams

2021-09-15

Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.

Roman Empire

2021-09-15

Kind and professional people. Will definitely be coming back!

Abraham Tewldeberham

2021-09-12

I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.

Sylvia Magnusson

2021-09-09

Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

Click Here To Learn More About DUI.

Want To Hear More From us.

You can connect with us on social media at any of the networks below.

Criminal Deferred Prosecution Overview

A Criminal Deferred Prosecution is generally related to a DUI.  

A person will only qualify to use a Deferred Prosecution once in their Lifetime.

Important to know…

You are required to go through an Evaluation and must agree that one of the following was a contributing factor in your DUI.

• Alcohol
• Drugs
• Mental Health

You need to complete an Outpatient Treatment program for 2 years.

You must abide by all Probation restrictions for 5 years.

Good News

If you do everything as instructed and do not violate any of the restrictions, your DUI will be dismissed.

Bad News

If you are convicted of a second DUI, this Deferred DUI will count as a prior offense.  Which will add to the consequences.

Criminal Deferred Prosecution Details

A criminal deferred prosecution is something that should not be taken lightly.  If you have been charged with a DUI or physical control in Washington State you are only eligible for deferred prosecution once in a lifetime.  If you are able to complete all of the court imposed conditions after a 5 year period, the DUI charge will be dismissed.  

Deferred prosecution has its benefits.  It can help you keep your driver’s license, avoid having to serve jail time, as well help those with serious drug or alcohol dependency achieve sobriety.

Eligibility Criminal Deferred Prosecution

There is a strict criteria that you must meet before you can be eligible for deferred prosecution.

1. You cannot have been granted a deferred prosecution in your lifetime
2. You must be diagnosed by a court approved substance abuse counselor as alcohol dependent, drug dependent or have mental health issues diagnosed by a mental health professional
3. You must be enrolled and complete a 2 year treatment program for alcohol or drug abuse, or a 2 year treatment program for mental health treatment. RCW 10.05.020

Serious Considerations for Criminal Deferred Prosecution

When you enter into a deferred prosecution program you need to consider several court requirements

1. When you agree to a deferred prosecution for a DUI, you must give up the opportunity to fight your case in court. Meaning if at all during the 5 year period you are found out of compliance with the terms of the deferred prosecution, the presiding judge would read the police report from DUI charge, and you could be found guilty of the DUI charge without the ability to present evidence in your defense.
2. After you have successfully completed the deferred prosecution program and the DUI charge is dismissed, the deferred prosecution is still considered a prior offense. RCW 46.61.5055
3. When accepting a deferred prosecution you are legally required to state that you have an alcohol or drug abuse problem or suffering from mental health issues, and by stating this you agree that without professional treatment the possibility of a repeat offense is likely.
4. You are required to be abstinent from alcohol and non-prescribed, mood altering drugs during the 5 year deferred program. You will be required to submit random urinalysis tests through the treatment agency and probation to confirm your abstinence from alcohol or drugs.
5. A rigorous 2 year treatment program for alcohol, drug abuse or mental health is required.
6. There are several costs to consider when entering into a deferred prosecution program. You will be required to take financial responsibility for any treatment program expenses as well as probation costs. Courts will consider probation costs to be paid over a length of time, however it is important to understand that expenses can range in the $1000’s
7. The court will require you to have an ignition interlock device as well as an ignition interlock license. The Washington State Department of Licensing might have this requirement as well, depending on if your license has been suspended by them.

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

EXCELLENT Based on 304 reviews.

Kylin Landry

2021-10-04

Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.

Doza m

2021-09-23

Took care of it just like Rick said he would. Will definitely use him again in the future if needed.

Bri Adams

2021-09-15

Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.

Roman Empire

2021-09-15

Kind and professional people. Will definitely be coming back!

Abraham Tewldeberham

2021-09-12

I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.

Sylvia Magnusson

2021-09-09

Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

Click Here To Learn More About DUI.

Want To Hear More From us.

You can connect with us on social media at any of the networks below.