DUI

Seattle DUI Lawyers

Protecting Drivers in King County & across Washington State

A DUI arrest can feel definitive, as though the outcome is already decided. You may assume that because you were stopped, tested, and charged, you are doomed to a conviction. That assumption is incorrect.

Like any other criminal charge, DUI can be challenged. These cases involve legal, procedural, and scientific issues that can and should be scrutinized. At Blair Kim Moeller, PLLC, we approach every DUI case with the understanding that the details matter, and those details can make a critical difference in the outcome.

Reach us online or at (888) 478-4001 for an in-office or virtual consultation with a Seattle DUI attorney. Korean-language services are available.

Providing Experienced DUI Defense Across Washington State

Our firm handles each aspect of the DUI process. We bring decades of combined experience, which includes extensive courtroom experience. Attorney Mark Blair is a former prosecutor who understands how the state works and can apply his 30+ years of trial experience to DUI defense.

This perspective allows us to anticipate how the State builds DUI cases and to develop strategies to challenge them effectively.

We take a proactive, detail-oriented approach. From the outset, we investigate the facts, review all available evidence, and look for weaknesses in the case against you. As your drunk driving attorney in Seattle, we also guide you through related administrative proceedings, including license suspension issues.

Our goal is to pursue the best possible outcome given your circumstances. That may involve negotiating for reduced charges, seeking dismissal where appropriate, or aggressively defending you at trial. Whether you need a DUI lawyer for a first-time charge or a more complex matter involving prior convictions, clients receive a thorough, case-specific approach.

Our legal help includes the following areas:

Why You Should Not Assume Your Case Is Hopeless

DUI cases are highly technical. They rely on the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breath or blood testing. Each of these elements is subject to strict legal standards. If those standards are not met, the evidence against you may be weakened or excluded.

We routinely examine issues such as:

Whether law enforcement had a lawful basis to stop your vehicle
Whether field sobriety tests were administered properly and interpreted fairly
Whether the breathalyzer equipment was properly maintained and calibrated
Whether blood samples were collected, stored, and analyzed in compliance with required procedures
Whether your constitutional rights were respected throughout the process

Even when the evidence appears strong at first glance, a thorough legal analysis can reveal vulnerabilities that can create leverage in negotiations or at trial. As a drunk driving lawyer in Seattle, Mark Blair’s background as a former prosecutor means he knows how these cases are assembled and where they can be challenged.

What Is DUI in Washington State?

Under Washington law, you may be charged with DUI if you operate a vehicle while:

Having a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21 and over)
Having a BAC of 0.04% or higher if operating a commercial vehicle
Having a BAC of 0.02% or higher if under age 21
Being under the influence of alcohol, drugs, or a combination of both, to the extent that it impairs your ability to drive safely

A DUI charge is not limited to alcohol. Prescription medications, cannabis, and other substances can also form the basis of a DUI allegation.

Penalties for a first offense DUI conviction can include potential jail time, community service, fines, license suspension, and a criminal record.

A DUI conviction in Washington (including a first offense) may include ignition interlock device requirements. The length of that requirement can increase with prior convictions. A DUI matter in Seattle can also trigger a separate Department of Licensing proceeding that runs alongside the criminal case, and the timelines for each are distinct.

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.

The Seattle DUI Process

The DUI process moves forward quickly. Our early involvement in your case could benefit you in many ways, including a full dismissal of charges. As a former prosecutor, our DUI attorney has handled over 15,000 cases, and has an exceptional understanding of the criminal justice system and the DUI process. The steps in the process are as follows:

You are pulled over for an unrelated traffic infraction that proceeds to a DUI investigation if law enforcement considers that you are exhibiting signs of intoxication. Under constitutional law you cannot be stopped without probable cause. If it is determined that you were pulled over with no cause to do so, then it is very likely that the evidence gathered as a result will be suppressed, which could lead to dropped charges. There could also be conflicting reports from officers at the scene, or exaggerated reports or accusations of swerving, slurred speech, red eyes, or the smell of alcohol. Any police stop could have errors that could be challenged with the help of a skilled DUI defense attorney.

Certain tests may be administered, including the Horizontal Gaze Nystagmus. These are not mandatory and, according to state law, you may choose not to comply if asked to perform these tests. However, you are required to take the blood or breath test, and refusing to do so can lead to severe penalties. The testing procedures are often incorrectly applied per the standards outlined by the NHTSA (National Highway Transportation Safety Administration). Even the most accurate of the tests has been shown to be only 77% accurate. If you performed any of these tests and were subsequently arrested, there could be room for an effective challenge.

If the officer or officers involved believe that you were operating your vehicle while under the influence, they will arrest you. Once you are in custody, if law enforcement chooses to interrogate you about the incident, you must be read your rights, as you do have the right to have an attorney present, which is a crucial factor. Never answer any questions until your attorney arrives to protect your rights.

After your arrest, you are taken to the station for a breath test. In cases in which an accident has occurred, a blood test will be taken at the hospital where you are being treated. Roadside breath testing units are unreliable and if you are asked to have this test, request that you be taken to the station for testing.

In most DUI cases, the booking will not occur until after the breath test has taken place. In many cases, the accused is then released with a court date.

The arraignment is the process in which you are formally charged. It could take place a few hours or days after your arrest. Never appear at any court hearing without an attorney, or make a plea without first getting a full review of your case. You may have options that could lead to a case dismissal or other advantage that your attorney can negotiate. Do not plead guilty or you will have no option other than taking the punishment meted out by the court.

There is a hearing that takes place prior to trial that allows your attorney to negotiate with the prosecutor and allows the judge to be updated on the progress of your case. Your trial date could be postponed if your defense attorney needs more time to gather further evidence, or to further negotiate with the prosecutor regarding the charges you are facing. You could get a plea offer in some cases, and you have the right to decide if you wish to accept any such offer. If no plea is offered or accepted, your trial date will be set.

Under the Constitution, you have the right to a trial by jury. A jury trial for DUI consists of a panel of 6 jurors. In some cases, you might benefit from waiving your right to a jury trial and, instead, have a bench trial – a trial in which the judge decides the case.

If you are found guilty, it is likely you will be sentenced immediately. In more serious cases, you could be held or released while awaiting your sentence, and bail may be required. It is imperative that you have defense counsel that is prepared to do everything possible for you, and has a record of success. Our firm is prepared to act at once on your behalf.

What are the penalties for DUI in Washington?

There are a number of potential outcomes that you might face if you are charged with driving under the influence, which include jail time, a fine, a license penalty, electronic home monitoring, a court-ordered sobriety program, required acquisition of insurance, or some combination of these penalties. The outcome depends largely on two factors: whether you have prior convictions and whether your BAC level exceeds 0.15. Prior convictions increase the severity of the penalties you might face if charged with DUI. Further, even though the BAC limit for a DUI charge is 0.08, if your BAC level exceeds 0.15, then you face more severe penalties as well.

DUI penalties for a BAC level under 0.15

If you have no prior offenses in seven years, then you might face any combination of the following:

Jail Time: 24 hours – 1 year
Fine: $350 – $5,000
License Penalty: suspension or denial for 90 days

If you have one prior offense in seven years, then you might face any combination of the following:

Jail Time: 30 days – 1 year
Fine: $500 – $5,000
License Penalty: revocation or denial for 2 years
Electronic Home Monitoring: 60 days

If you have two or three prior offenses in seven years, then you might face any combination of the following:

Jail Time: 90 days – 1 year
Fine: $1,000 – $5,000
License Penalty: revocation or denial for 3 years
Electronic Home Monitoring: 120 days
24/7 Sobriety Program: 6 months
Required acquisition of Washington SR22 Insurance

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.

DUI penalties for a BAC level exceeding 0.15

If you have no prior offenses in seven years, then you might face any combination of the following:

Jail Time: 48 hours – 1 year
Fine: $500 – $5,000
License Penalty: revocation or denial for 1 year

If you have one prior offense in seven years, then you might face any combination of the following:

Jail Time: 45 days – 1 year
Fine: $750 – $5,000
License Penalty: revocation or denial for 900 days
Electronic Home Monitoring: 90 days

If you have two or three prior offenses in seven years, then you might face any combination of the following:

Jail Time: 120 days – 1 year
Fine: $1,500 – $5,000
License Penalty: revocation or denial for 4 years
Electronic Home Monitoring: 150 days
24/7 Sobriety Program: 6 months
Required acquisition of Washington SR22 Insurance

Deferred Prosecution

If you are charged with DUI, you may petition the court to be considered for deferred prosecution if your offense was a result of alcoholism or drug addiction. Such a petition must be filed seven days before trial begins. Further, such a petition must include a statement, under oath, that your conduct was the result of alcoholism or drug addiction, as well as a case history and written assessment by an alcohol or drug treatment program. The court might then refer you for a diagnostic evaluation, upon which a report and plan for treatment will be provided to the court. If the court approves the plan and you comply with its terms, then you will be accepted for deferred prosecution.

Take Control of Your Defense

If you are charged with drunk driving, Seattle DUI lawyer Mark Blair may be able to assist you in reaching a favorable plea deal with the prosecutor or limiting the scope of your sentence. He can represent people throughout King County, including in Redmond, Kirkland, and Bellevue.

A DUI charge is serious, but it is not the end of the road. With the right legal strategy and experienced representation, you may have more options than you think.

Reach us online or at (888) 478-4001 for a confidential case review with a Seattle DUI attorney today.

Continue Reading Read Less

Real Stories From People We’ve Helped Protect

Talented, Honest & Experienced Lawyer
“They showed their best at all times. I would recommend and refer this firm to anyone seeking true professional legal assistance.”

- Former Client
Clear, Swift, & Concise
“If I could give Mark a higher recommendation, then I would. He deserves not 5, but 6 stars for the way he handled my case.”

- Scott
Would Definitely Hire Again
“I was very pleased with Mark, they responded every time I had any concerns, kept me informed throughout the whole process.”

- Alex

View All Reviews

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 888-478-4001 today!

There are a variety of methods that an arresting officer can use to determine whether a driver is under the influence of alcohol. Observation is often the first method. If the police notice that you are driving in a negligent or reckless manner they may proceed by pulling you over. Then, the police may ask you to perform a series of field sobriety tests, such as standing on one leg or reciting a series of numbers. Another method that may be used is a chemical test. A blood alcohol content (BAC) test is administered by directly drawing a sample of your blood and determining whether your BAC level is 0.08% or higher.
Knowing your rights when you are pulled over is imperative. When you are asked by the National Highway Traffic Safety Administration to take a field sobriety test, it is generally advised that you politely refuse. These are administered for the purpose of assessing whether the driver is likely intoxicated, but they are not always the most accurate method of making that determination. The officer cannot use your refusal to take the test as a reason to arrest you. At times, police fail to administer these tests properly, which can produce inaccurate results and negatively impact your case.
After your license has been suspended, you may still have to get to and from work. There are some circumstances under which you can obtain an Occupational / Restricted Driver License (ORL) from the Washington Department of Licensing (DOL). This can only be granted in very specific situations and after certain qualifications have been met. It could take 10 days to process this application. Further, you may be able to apply for an ignition interlock device to allow you to drive under specific restrictions. You can also obtain information about reinstating your license.
Those who have been arrested for driving under the influence of alcohol are entitled to an administrative hearing before the Department of Licensing. The purpose is to discuss the dispute over the license suspension of the offending driver. This will be the driver’s only chance to dispute the suspension that will take place. The form that your arresting officer should have provided you will have to be returned within 20 days following your arrest. Your right to an administrative hearing is waived if the form has not been filed within that time frame.

Stay In The Know

Visit Our Blog

Contact Us Today

At Blair Kim Moeller, PLLC, we're always ready to take your call! Give us a call at (888) 478-4001 or fill out the form below to contact one of our team members.

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from Blair Kim Moeller, PLLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Transparent Communication
We Fight To Protect Your Rights
Aggressive Legal Representation
70 Years of Combined Experience