Legal Question in DUI Law in Washington

High speed and Possible DUI

My husband was in accident where our car was totaled and he was the only one hurt. He was traveling at high speed. I don't think he was drunk. They got consent to draw blood at the hospital about 4 hours after the accident. It has been almost a month and we have not heard anything from anyone. How long does it take to get BAC back from WSP? I am fretting he has 2 priors and 1 deffered 9 years ago. We have a family and a mortgage. He is our sole income and he is a CDL driver. Also I talked to a lawyer regarding the paper he got from the officer. I was told since he did not do the breath test that he did not have to turn the paper in to the DOL since he has not been charged with DUI and at this point we don't even know if it is one. Is this correct and if not I have like 5 days to send it in for him. The case could be a little complicated. I am worried for my family and our quite way of life. He has had only one ticket for speeding in the last 9 years. Am I jumping the gun to soon. Could they have forgot or don't want to deal with it since he did get hurt in the wreck?


Asked on 5/27/08, 10:24 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: High speed and Possible DUI

It depends on a number of factors. The fact that your husband has a CDL complicates things and this situation cannot be left to run uncontrolled. You woul dbe wise to take all steps to preserve your husband's rights. That means sending in the request for hearing along with the $200 fee to DOL within 30 days of the date of the accident. I do not know which attorney you spoke with but I always tell my clients to do everything to preserve their rights. If the request for hearing is premature, the DOL will refund your money and send you another notice later. Your husband's CDL and it's continuing validity can be severely affected by this situation. But, there is a lot more to this than meets the eye and you should contact me ASAP as my office is in the Arlington area at Smokey Point and I am in the local directory at 3606573886. With your husband being the sole breadwinner of the household, you cannot afford to take chances.

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Answered on 5/28/08, 12:21 pm


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