PROTECTING YOUR RIGHTS

DUI

Driving Under the Influence is an extremely complicated and inconvenient crime to be charged with. A DUI conviction can have long lasting consequences that can affect your career, life, and even travel.  Beyond the mandatory criminal penalties such as jail, the Department of Licensing will take action against your driver license. Every person charged with a DUI should engage a capable and experienced attorney to defend them.

For adults, the “legal limit” for driving in Washington is 0.08% for alcohol and 5ng/mL of THC.  The 0.08% limit for alcohol has at least some basis in empirical science. The legal limit for THC, however, is much more arbitrary.  As KIRO 7 News demonstrated in a controlled setting, it is possible to drive safely at several times the legal limit https://www.youtube.com/watch?v=d6gLrnJxS8c.  Even more than two hours after these test subjects were still well over the legal limit. 

Worse still, being under these legal limits will not protect you from a DUI.  It is absolutely possible to be charged and convicted of DUI even if you are well under the legal limit of THC or alcohol.  This is commonly called an “affected by” DUI because it refers to the “affected by” language in the DUI statute (RCW 46.61.502).  Because of this language, the consequences of a DUI conviction at, for example, 0.04% is the same as 0.08% all the way up to 0.14% (0.15% or higher has enhanced consequences). 

The same is true for THC levels under the limit.  The consequences of a conviction at 4ng/mL of THC is the same as 5ng/mL or higher.  This “affected by” category exists because the law considers a driver that is under the legal limit to be just as guilty as someone over the limit if their driving appears to be affected by alcohol or any other drug.  And this includes prescription and over-the-counter medication.  

Although you are presumed innocent under our Constitution, DUIs also involve methods of scientific testing that juries want to believe in.  It is vital that you have an attorney that is not only experienced fighting DUIs, but that has the scientific background to understand the science and educate the jury in your favor.   

If you have been arrested for DUI or if you have questions about how it can affect your driving privileges, please contact our office for a free consultation.

MISDEMEANORS and DOMESTIC VIOLENCE

To most people, a misdemeanor seems less worrisome than a felony.  In many ways, that may be true.  However, you should never underestimate the consequences.  Misdemeanor domestic violence charges, as just one example, can result in you essentially being evicted from your home as well as losing your firearm rights for life.  And even if you don’t care about owning a gun, this would prohibit you from ever joining the military, for example. 

Certain misdemeanor convictions can score as “points” towards your offender score.  This means if you are ever sentenced for a felony in the future, your sentencing range can increase dramatically.  An elevated offender score can make the difference between a relatively short jail sentence and a long stretch in prison. 

In addition, many of the courts that handle misdemeanor cases are notoriously harsher than courts that handle felony cases.

Halverson Law attorneys have handled an incredibly wide range of misdemeanors and gross misdemeanors including: 

• Assault Fourth Degree 
• Harassment
• Malicious Mischief Third Degree (Property Destruction)
• Violation of a No-Contact Order
• Theft Third Degree
• Indecent Exposure
• Disclosing Intimate Images
• Unlawful Use of Weapons
• Patronizing a Prostitute
• Trespassing
• Disorderly Conduct
• False Reporting 
• Driving Under the Influence
• Reckless Driving
• Reckless Endangerment
• Negligent Driving First Degree

These are just a few of the more common cases we have handled.  Even if your charge is not one of those listed above, there’s a good chance we’ve handled it successfully before.  To find out, please contact us for a free consultation.