DUI

DUI

Driving Under the Influence of Alcohol or Drugs is also referred to as a DUI or sometimes DWI.

The Adult DUI

The charge for an adult is DUI.

A Driving Under the Influence is a gross misdemeanor, which has a maximum of 364 days in jail and additional court penalties.

  • Requires a blood alcohol content of .08 or,
  • 5 nanograms or higher for Driving under the influence of Marijuana or,
  • In the alternative, be under the influence of Drugs or Alcohol.

Underage DUI

The charge for someone under the age of 21 is Driver Under Twenty-One consuming alcohol or marijuana and is operating or being in physical control of a motor vehicle.

An Underage DUI is a misdemeanor, which has a maximum  of 90 days in jail and additional court penalties.

For a minor the blood alcohol content is .02.

Driving Under the Influence is a serious crime, with serious penalties for you.

  • You could be arrested.
  • Face a Driver’s license suspension.  
  • You will have assorted Court hearings including an Arraignment, Pre-Trial hearings, Trial, Sentencing.
  • Sentencing can include Jail, Fines, Scram Bracelet, Drug and Alcohol Evaluation, Treatment, Ignition Interlock, SR 22 filing Insurance.  

In the long term

  • You may need to have background checks done, that will bring this back to the surface years from now.
  • Some Countries, including Canada, do not allow you to enter if you have been convicted of  a DUI.

Drinking? Driving? Don’t!

If you are drinking and travelling, plan to have a designated driver, call a friend, call a cab, call a tow truck, or Stay.

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

What Happens When You Are Arrested For DUI

What happens when you are arrested for a DUI in Washington State.

What happens when you are arrested for DUI

I am going to talk about what happens when you are arrested for a DUI in Washington State. Hello, I am Reece Merrill with Merrill Law.

Two Processes

If you get arrested for a DUI in Washington State, there are two processes going on. One is the administrative process with your license, which will be governed by the DOL (Department of License). The second process is governed by the Courts and that determines any kind of criminal punishment, aside from a license consequence, potentially going jail although hopefully not.

Department of License

Now the process with the DOL, the DOL will move much faster than the courts. The courts have 2 years to file any case against you as a result. The DOL will move much quicker. You will have 5 business days to request a hearing for the administrative process of suspending your license. If you get arrested for a DUI it is very important that you talk to an attorney about that DOL hearing fairly quickly. And the strategy you want to take there whether or not you want to request it or get the restricted license. But we should be able to help you keep driving in some way.

The Court

So for the Court side, at some point within the two years from the date of the violation, the date you have for your arrest or had contact with Law Enforcement. They will schedule your first court appearance which is called the Arraignment. At the arraignment it is time to enter a plea. You will want to be pleading not guilty. The court will also set some conditions of release. The basic conditions for a DUI that the court will set at the arraignment will be don’t commit any criminal law violations while the case is pending. Don’t drive without a valid license and insurance. Don’t get another DUI. And depending on the jurisdiction there might be an Ignition Interlock requirement. That is going to be more dependent on your individual criminal history as well as the jurisdiction that the case is in.

At that arraignment date they will set Pretrial hearings. Which are just status hearings to let the court know if you are ready to resolve the case or ready to tell the court that you are ready for Trial and then set for a Trial date. Generally at that first hearing most people won’t know whether or not they want to go to Trial. So there will probably be multiple court dates.

After the court sets the conditions, they are also going to set Pretrial court dates at the first hearing, the arraignment. The Pretrial hearings are for letting the courts know the status of the case. Either we want to declare that we are ready for trial, we want to ask for more time to investigate and negotiate the case, or we have some kind of resolution that everyone can be happy with. So it is possible that the case gets resolved at the first Pretrial hearing, but it is not outside of the ordinary that there would be multiple Pretrial hearings. The reason for that is to give the attorney more time to investigate and negotiate the case. Potentially there are some affirmative conditions that the State wants done before the case can be resolved. And things of that nature.

What happens when you are arrested for DUI

That is the basic outline of the process, both with DOL and with the Courts.

Now anytime you are arrested with a DUI it is important that you get in touch with an attorney.

Want to hear more from us… 

There are many ways an experienced Criminal Defense Attorney can fight for you.

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 Defense.

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

Sign up for the Monthly Newsletter.

Understanding a DUI Stop

Understanding A DUI Stop

You have been out for some fun, enjoying a few alcoholic beverages. You grab your keys, hop into the driver’s seat and get on the road.  

Soon you notice the red and blue lights flashing in your rear view mirror. Now you realize that you could be charged with a DUI.

If you have committed a traffic infraction, an officer will pull you over.  

The officer will notice if there is an odor of alcohol or drugs from the car. He will look to see if your eyes are glassy or bloodshot. He will observe if your speech is slurred and your mannerisms seem to be impaired.  

The Field Sobriety Test

With a reasonable suspicion of drunk driving, the officer will ask you to step out of the car and complete a field sobriety test.

A field sobriety test is a series of 3 tests that will be administered by an officer to determine the impairment of the driver and establish probable cause for arrest.  

Test one is the horizontal gaze nystagmus test  

The officer will watch the driver’s eyes, as the driver follows a slowly moving object. This is usually done with a writing utensil or a small flashlight.  

Test two is the walk and turn test.  

This requires the driver to listen, follow instructions, while performing the simple physical movements.  The driver will be asked to take nine steps, heel-to-toe along a straight line, and then turn on one foot and return to the starting position walking along the same straight line heel-to-toe.  

Test three is the one-leg stand test.  

The driver will be asked to stand with one foot approximately six inches off of the ground and then will be directed to count aloud by thousands until the officer directs the driver to place the foot down.  

The officer will be looking for indicators of impairment, which include swaying while balancing, use of the arms for balance, hopping to help maintain balance, and placing the foot down for balance.

Breath Test

The officer may also ask you to take a portable breath test to measure your blood alcohol content.

Should you Take the Test

It is important that you speak with an attorney prior to taking any type of test to determine your ability to drive.

The officer may place you under arrest and you may be taken to jail if you refuse to take the tests.  

Knowing your Rights

The arresting officer is required to notify you of your right to talk to an attorney, within a reasonable amount of time.

It is important that you speak with an attorney as soon as possible to help determine which course of action you should take to help with your situation.

What are the Consequences?

Receiving a DUI is a serious offense and may lead to time in jail, suspension of your license, probation and many other requirements or penalties.

We know that DUIs can be a life changing event but it is not the end of the world.  

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

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

A Conversation About DUI

A Conversation About DUI

We are here to have a conversation about DUI. It is a Criminal charge that has multiple agencies involved in the process. Here are some of the important things to know.

DUI, DOL, Courts, What Does it all mean?

There are 2 parts to a DUI. Administrative Loss of License through the Department of License and Criminal charges through the courts. Each DUI will have various factors that need to be addressed to resolve the case.

DOL is the Department of License.

The administrative hearing is held to determine if your case will require an administrative loss of license. The request for this hearing must be filed with in 7 days. Talk with an attorney to determine if an administrative hearing is the best step for you.

Court Criminal Case.

Each DUI that is charged will work its way through the court to come to a resolution of the criminal charges.

The Time Lines.

The time lines vary for each case and the Entity who is bringing the charges. While it can be hard to wait, there is simply a lot of documentation and steps required to file and begin each case.

While quick and easy is nice in regards to stressful situations, we have found that DUI cases are intricate and involved to process correctly. We will work with you to come to a resolution for the 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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

Keeping Your License After a DUI

Steps for Keeping Your License After A DUI

Keeping your license after a DUI includes submitting an application for an Ignition Interlock License (IIL) is a Restricted Driver’s License. 

If approved by the Department of Licensing, a IIL will allow you to drive a vehicle while your current license is suspended or revoked for a drug or alcohol-related driving offense.   

To be eligible, your driving record must show all of the following:

An arrest or conviction of any of the following:

  • DUI or Physical Control involving drugs or alcohol
  • Reckless Driving
  • Vehicular Assault involving drugs or alcohol
  • Vehicular Homicide involving drugs or alcohol
  • You have an unexpired WA driver license or a valid out of state driver license

Your current suspension or revocation doesn’t include:

  • Minor in Possession, or
  • Habitual Traffic Offender (Suspended 1st degree)

Ignition Interlock License Application

Before the Washington State Department of Licensing will consider your application for an ignition interlock license you must complete the following steps.

1. Install an ignition interlock device in your vehicle.  

  • There are several ignition interlock device locations in Washington State, a general internet search should help you find one near you.
  • Choose an installer that is approved by the Washington State Patrol.
  • The ignition interlock installer will send proof of installation to the Department of Licensing.
  • Fees vary depending on the installation location you select. They may include an installation fee, a monthly fee for the device to be maintained in your vehicle, required monthly calibration of the ignition interlock device.

2. Provide proof of financial responsibility to Washington State.  

  • Obtain a Certificate of Insurance, commonly known as SR-22 insurance.
  • The auto insurance company will submit the SR-22 filing to the Washington State Department of Licensing.
  • The SR-22 filing may take up to 10 business days to be processed.

3. Submit a Restricted Driver License Application.  

  • This application can be found at https://www.dol.wa.gov/ under the ignition interlock driver’s license page.
  • Mail the completed application and the required $100.00 application fee to the Washington State Department of Licensing restricted licensing department.

If the Washington State Department of Licensing does not receive all documents that are required with your application within 30 days, they will deny your application.  

What Happens Next?

Your application for the ignition interlock license will be reviewed by the Department of Licensing when all three steps are complete.  

If the Department of Licensing approves your application, they will mail or email your ignition interlock license when your license suspension begins.  

Things to Know About an Ignition Interlock license  

  • It is valid only in Washington State.
  • It is required for the entire time your license is suspended.
  • You will be required to maintain ignition interlock devices on all the vehicles you drive.
  • Exceptions may exist for employer owned vehicles.

Keeping Your License After A DUI

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

Your License When You Get a DUI

Your License When You Get a DUI

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

  • 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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

Ignition Interlock Employer Exemption

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

What you need to know about Bail

What you need to know about Bail

What you need to know about Bail is that when you are charged with a Crime, the Judge will set conditions for your release.

These may include that you appear at future court hearings, do not get charged with another crime, as well as an assortment of other limitations.

To help ensure that you are inclined to follow the directions, they will often set an amount of money that you need to pay the court for your release. This is called Bail.

There are two ways that you can make your bail payment.

  • You can pay the entire amount to the Court. All of your bail money returned to you if you complete all the conditions and attend all of the hearings as required.
  • You can pay a fee of 10 percent of the total bail amount to a Bail Bonds company. At the completion of your case, your collateral will be returned. The bail bonds company will keep the fee.

What you need to know about Bail to get your money back.

Be aware that if you do not appear at your court hearings, or meet all of your conditions, you will forfeit your Bail money.

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Click Here To Learn More About Criminal Defense.

Want To Hear More From us.

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

Sign up for the Monthly Newsletter.

What is a SCRAM Bracelet

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

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What Is a Drug or Alcohol Evaluation

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

Criminal Deferred Prosecution


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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.

Traveling with a DUI or Other Criminal Offenses

Traveling with a DUI

Traveling with a DUI charge or conviction. When you are traveling out of the country can be a bit more complicated.  

You need to be aware that there are rules and restrictions that may prevent your entry into other countries, including Canada.

Be Prepared

Do your research  for the country you are planning to visit

Crossing the Border

According to the Canadian Immigration law if you have been charged with or convicted of a Driving while Impaired (DUI), you could be denied entry into Canada.

Canada does have a permit that you can apply for that may allow your entry into Canada.

Traveling With DUI Required Documents

Check your documents prior to making any trip across an international border, to confirm each country requirements for entry. 

The Canada Border Services Agency has a list of acceptable documents for a United States citizen may need to cross the border.  

A list of those documents for re-entry United States of America are on the US customs and border protection website.

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.

Kylin Landry
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
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
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
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
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
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.

Sign up for the Monthly Newsletter.