Seattle Felony DUI Defense Lawyer
Standing Between You and a Felony DUI Conviction
If you have been charged with a felony DUI charge, you may be deeply concerned about what lies ahead. A felony DUI conviction carries serious consequences, including the possibility of up to 10 years in prison, extended ignition interlock device (IID) requirements, and substantial fines.
Washington state prosecutors take a dim view of driving under the influence and are often overzealous in prosecuting cases in the name of public safety. No matter what the circumstances of your case involve, you must hire an experienced felony DUI attorney to defend you against these life-changing charges. Only a qualified defense attorney can navigate the legal complexities involved with protecting your rights and fighting felony DUI charges.
Contact our Seattle, WA law firm today to schedule a free initial consultation to learn more about our legal services and determine what options best suit your needs.
What Potential Penalties Can I Face if Convicted of Felony DUI?
If you have been convicted of three previous offenses in the last 15 years, were convicted of a previous felony DUI, or have a previous conviction for vehicular homicide or vehicular assault, you can be charged with a felony DUI.
Depending on the circumstances involved in the case, you could be sentenced to serve up to five years for a Class C felony DUI, which is usually charged for a fourth or subsequent DUI within 10 years. If you are convicted of a fourth or subsequent DUI, state law generally demands that you serve at least 13 months in prison.
If the incident involves serious bodily injury or a fatality, you could face a Class B felony charge, which carries a potential sentence of up to 10 years in state prison.
Other Penalties
Other additional penalties include:
- Probation: Supervised probation following release from prison.
- Steep Fines: Financial penalties ranging from $10,000 to $20,000.
- Mandatory License Suspension: Your driver’s license will be suspended for at least one to three years.
- Mandatory Alcohol/Drug Treatment: Mandatory participation in alcohol assessment and treatment programs.
- Mandatory Ignition Interlock Device (IID): Mandatory installation of an IID on any vehicle that you operate.
Even harsher penalties can be imposed if your blood alcohol concentration (BAC) was 0.15% or higher, if you refused a breath test, or if there were injuries from vehicular homicide or assault.
How Can Hiring a Felony DUI Attorney Help Me Avoid a Conviction?
Being charged with a felony DUI requires the help of a skilled attorney. One of the first actions a felony DUI attorney will take is to conduct a thorough review of your case to uncover any procedural missteps or violations of your constitutional rights.
Lack of Probable Cause
For example, after reviewing the evidence, such as dash cam and body cam footage, your attorney may be able to argue that the police officer lacked probable cause to make the initial traffic stop. In that case, your attorney can argue that any evidence gathered should be excluded, thereby undermining the state’s case.
Identifying Faulty Testing Procedures
All too often, it is determined that the breathalyzer was not properly calibrated or that those who administered blood tests or handled blood samples did so incorrectly.
Negotiating With Prosecutors
A DUI lawyer serves as a legal advocate, negotiating with King County prosecutors to reduce or dismiss charges. Your attorney may be able to negotiate a plea bargain or alternative sentencing arrangements, such as a substance abuse program or electronic home monitoring.
Other legal services provided by an attorney include casting doubt on the validity of the field sobriety tests and how they were administered. In many instances, medical conditions or stress and anxiety affect results, which are subjective based on the officer’s opinion.
How Long Will My Driver’s License Be Suspended in a Felony DUI Case?
If you are convicted of a felony DUI, you face a driver’s license suspension ranging from one to four years. Additionally, if you are arrested and charged with felony DUI charges, the Washington Department of Licensing (DOL) will automatically issue an administrative suspension for 90 days to four years, which is a separate suspension from what the court may impose if you are convicted. To avoid an automatic administrative license suspension, you must request a hearing within seven days of your arrest.
If your case involves aggravating factors such as refusing to take a breath test, you may face enhanced penalties and a longer suspension time. Your attorney can attend this hearing with you to argue that your license should not be suspended, but even more importantly, use it as an opportunity to determine what evidence the state has against you so they can build a robust defense case on your behalf.
Can a Felony DUI Be Expunged?
Washington state law does not allow a felony DUI conviction to be expunged or vacated. As a result, a felony DUI will remain permanently on your criminal record and on your driving record for 99 years. Because Washington lawmakers take public safety and DUIs seriously, state law does not allow any DUI, regardless of whether it is a misdemeanor or felony, to be expunged or sealed.
Although the state passed the 2019 New Hope Act, which allows more felonies to be expunged, the law explicitly excludes felony DUI cases. Due to the serious consequences involved with DUI offenses, the most practical solution is to have a skilled attorney on your side who will aggressively defend your rights.
Contact The Law Offices of Kevin Trombold, PLLC, today to Defend You Against a Felony DUI Conviction.
A felony DUI conviction can have negative, life-changing consequences if not handled by an experienced attorney. The Law Offices of Kevin Trombold, PLLC, is a Seattle law firm that is committed to helping clients facing felony DUI charges.
Our DUI defense team recognizes that a single poor decision does not define you, and we believe everyone deserves the opportunity to move forward.
Contact our law firm today at 206-590-7667 to schedule a free consultation to get started on your defense case.
