First time DUI offense in Washington

[badnana]

Washington

Last night I was arrested for a DUI, for the first time ever, ever, ever in my life. I am 62. I took the breath test and was just over the legal limit. I was given a Drivers Hearing Request form. I want to ask the court to be lenient, but I don't know whether to pay the $200 and send in this request or wait till I get a letter of suspension. Will they suspend my license without asking me to go to court. I that what the Drivers Hearing Request is all about or is that something else? Do you have to ask for a hearing or do they just go ahead and suspend your license if you don't. I'm so confused.

 

[FlyingRon]

If you are indigent, you fill out the details on the back and you can get the $200 waived. You do seem however to be confused. This hearing isn't at a court. It's with the department of licensing. There's no possibility of leniency here. If it was a lawful stop, there was probable cause to believe you were intoxicated and you blew .08 or above, your license WILL be suspended. There's no other outcome. If you don't go, the license will be suspended automatically.

This is entirely separate from you going to court. You'd be well advised to have a lawyer. If you are indigent and unable rather than just being unwilling to pay, you can ask for a public defender. You will get at least a day in jail (or 15 days of home monitoring) and have to pay substantial costs. This is the lenient side. You could get substantial fines, more jail time, assigned to chemical dependency counselling, MADD classes, etc...

The legal limit isn't the point where you are not breaking the if below it. It is merely the limit that you are presumed intoxicated without the state having to prove it.
Frankly, it would behoove you to at least talk to a lawyer and see if there is any point in requesting the hearing and what they can do for you at your criminal trial.

 

[badnana]

Thank You.

What would be the minimum penalty I could hope for then?

 

[FlyingRon]

Thank You.

What would be the minimum penalty I could hope for then?

As I pointed out, you'll get a year's license suspension (and hoops to jump through to get that reinstated), a day in jail, and several hundred dollars in various fees.