Legal Question in DUI Law in Washington

Dui

I fell asleep at the wheel and crashed my car. I was the only person involved. I was unconscious, removed from the vehicle and taken to a local hospital wher I awoke and was discharged approximately 7 hours later. I have received a letter from the DOL stating that as of 12/06/2008 my license will be suspended for 2 years for refusing to take a breathalyzer or blood test. My question is this, if I choose not to challenge this decision and just accept the 2 year license suspension, will I still be charged with a DUI or do they not have any evidence because I allegedly refused the tests?

I didn't take the tests because I was unconscious but the letter specifically says I refused. I would be happy to settle for a 2 year suspension rather that fight a DUI in court.


Asked on 11/04/08, 3:08 pm

2 Answers from Attorneys
Aaron J. Winkelhake Khodr & Winkelhake, P.L.L.C.

Re: Dui

In Washington, there are two separate actions that are initiated from a DUI refusal. (1) A criminal action to prosecute you for DUI in a criminal court. (2) A civil action to suspend/revoke your license from the Department of Licensing.

If you choose to not to challenge the decision from the Department of Licensing it will not influence the prosecutor's decision to initiate a criminal prosecution against you for DUI. Do not think settling for a two year suspension will stop a criminal proceeding against you.

I recommend you request a hearing to challenge the suspension TODAY(Nov. 5, 2008).

Call if you have questions.

Thanks,

Aaron J. Winkelhake

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Answered on 11/05/08, 3:47 pm
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: Dui

I agree with Mr. Winkelhake. These are separate and distinct issues. You should definitely invest the $200 in a DOL administrative hearing to fight whether you actually refused the breath test. But even winning that argument, this does not stop a prosecution for DUI on the grounds that your driving was appreciably affected by alcohol and/or drugs. Of course, prosecution on a DUI charge (if, indeed, you get charged) will then have to involve testimony as to whether you had an odor of alcohol and other such observations of the arresting officer and (possibly) emergency personnel. Bottom line: you ARE dealing with two separate issues. You've yet to be charged with DUI (and may or may not be). But concentrate first on fighting the administrative suspension.

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Answered on 11/25/08, 2:26 pm


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