Video Library

At The Law Offices of Barbara A. Bowden, our knowledgeable attorneys are always happy to answer questions. Below we have listed some frequently asked questions from our clients.

What Happens When I Get Pulled Over For a DUI? | Video Transcript

If you get pulled over for a DUI, the officer may release you or you may be taken to jail.

If you are released, you will receive something in the mail.

A lot of people think after 60 days, “Oh, I’m free and clear, I’m not going to get anything in the mail.”
But they have up to 2 years to file charges.

It’ll go into the prosecutor’s office, they will review it, they will write out a charging document, and you will get something in the mail saying you’ve been charged with a DUI.

If you were booked into jail:

You will be seen by the judge either within a day or two
Or, if you bail out, you will be given a new court date

Either way, you need to get your attorney on board as soon as possible.

Lastly, no matter what—whether you hire an attorney right away or not—you will be given a white piece of paper which advises you that:

Within 60 days, there will be consequences taken against your license
Unless you request a hearing and send out $375 to the Department of Licensing

It’s important—when you are arrested—not to just take all your paperwork and put it away.

It won’t go away.

Pull out your paperwork, read it, and get into an attorney’s office that handles DUIs.

What If You Refuse to Take a Chemical Breath Test? | Video Transcript

If you are stopped by a law enforcement officer and asked to submit to a test of your breath and you refuse, your license will be revoked for 1 year.

You will, however, be eligible for what’s called the ignition interlock license, so that you can drive.

However, it will require that:

You have that device installed in your car
And you carry SR-22 insurance for a period of 3 years

That’s on the administrative side.

As far as the conviction goes—which would be on the criminal side—if you are convicted of a refusal DUI, either of blood or breath, again you’re looking at a 2-year revocation.*

And again, if you choose to drive for those two years, you will need to obtain the ignition interlock license.

* Note:
The speaker states that a refusal to take a breath test results in a 1-year license revocation on the administrative side, and later states that a refusal DUI conviction results in a 2-year revocation on the criminal side. This is not a contradiction, but a reflection of two different systems of penalty:

Administrative penalties (handled by the Department of Licensing) typically apply immediately after arrest or refusal.
Criminal penalties (from a DUI conviction in court) can carry longer suspensions, especially for refusals or enhanced charges.

I Have a CDL And I’m Being Charged With a DUI, What Should I Do? | Video Transcript

If you have a commercial license and you’re charged with a DUI, this becomes a very serious matter because you potentially could have your commercial driver’s license disqualified for a period of 1 year.

You’ll have the ability to send out $375 within 20 days of your arrest to request a hearing on the administrative side.

If you lose that Department of Licensing hearing, your CDL will be disqualified for 1 year.

Also, if you’re:

Convicted of a DUI
Convicted of a physical control
Or you do a deferred prosecution on your DUI charge

Any of those will result in a 1-year disqualification of your commercial license.

So it’s very important—especially if you have a commercial license—to get ahold of an attorney immediately.

When Will a DUI Sentence Be Increased? | Video Transcript

In the state of Washington, our legislature has laid out mandatory minimum penalties for DUIs.

On your first-time offense, they are like one day in jail—possibly two days.

However, the court isn’t bound by the mandatory minimums. They can sentence up to the maximum penalty, which is 364 days in jail.

Factors that they take into account include:

Was there an accident involved?
Were children in the car?
Were there passengers that were hurt?

All those factors can be taken into account, and oftentimes the sentences are higher than what the mandatory minimums are—even if you don’t have history—because of these aggravating factors.

What Should I Expect During My Case? | Video Transcript

When you hire the Law Offices of Barbara Bowden to represent you on a DUI, that’s what we do.

We provide you representation, and in doing so, we believe in being proactive.

Being proactive means you want to have everything done before the prosecutor asks you if you’re willing to do something.

By playing offense, rather than defense, when we go in to negotiate with the prosecutor:

We have your assessment done
We have your classes done
And we go in there with a plan

And I think that provides us the highest likelihood of getting the desired result we’re seeking.

Do I Need To Get An Alcohol Evaluation Before The End of My Case? | Video Transcript

If you are convicted of a DUI or other alcohol-related offense, you will need to obtain an alcohol evaluation.

There are three types of evaluations that you can obtain:

One is that you don’t have a problem—that’s an NSP, No Significant Problem
One is an abuser program
And last is that you’re an alcoholic

Regardless of what category you fall in, it’s important to get your alcohol evaluation completed and your follow-up treatment either started or completed—because that allows us, as your attorney, to get you the best disposition possible.

Do I Really Need SR-22 Insurance? | Video Transcript

If you are convicted of a DUI or reckless driving, or you lost your administrative licensing hearing, you will need to carry SR-22 insurance for a period of 3 years.

SR-22 insurance in of itself is not expensive. It’s merely a filing with the state.

Most insurance companies charge $10 every six months to do the filing for you.

On the other hand, what raises the rates is the conviction.

So if you’re convicted of a DUI or you’re convicted of reckless driving, when that hits your driving record, that’s when your rates go up.

But it’s not SR-22 insurance that costs money—it’s the insurance that’s associated with the criminal conviction.

My License is Suspended, Can I Still Drive? | Video Transcript

If your license is suspended, you need to contact the Department of Licensing immediately and find out why you’re suspended.

Chances are there’s merely a requirement that hasn’t been met—that they need proof of—that needs to be sent to them. And then you can be on your way driving.

Driving with a suspended license is not a good idea.

In fact, some of the laws have changed, and some of the police officers will actually impound your vehicle and hold it in impound for 30 days.

Even if you reobtain your license the day after you got stopped, they won’t release your license for another 30 days.*

So it’s very important not to be running around on a suspended license.

Get it fixed. It probably isn’t a big problem, and you just need information.

Our office is available 24/7 to help you with that information.

* Clarification:
The speaker says, “they won’t release your license,” but this appears to be a misstatement. In Washington State, officers may impound your vehicle, not your license, for 30 days following a stop for driving with a suspended license or DUI. Even if you resolve your license suspension quickly with the Department of Licensing, your car may still be held in impound for the full 30 days. Your license, meanwhile, is reinstated through administrative processes, not held by law enforcement.

What Are The Penalties For a DUI In Washington? | Video Transcript

In the state of Washington, we break down DUIs into two categories.

You have your enhanced DUI and basically a standard DUI.

The standard DUI is one where there is no breath test or you blew under a 0.15.

Enhanced penalties will attach if you either refused a breath test or your blood alcohol level was a 0.15 or above.

For a standard DUI, if you are convicted or you enter a plea of guilty, the mandatory minimum penalties are:

1 day in jail
There’s a 90-day license suspension
And a 1-year ignition interlock requirement

If you have a 90-day license suspension, you can have an ignition interlock license, so you’re never without a license.

You will also have to complete an alcohol evaluation and follow-up treatment, and your fines will range between $1,000–$2,000.

Are There Potential Sentences For Subsequent DUIs? | Video Transcript

On a subsequent DUI—meaning that you have a prior offense within 7 years—the penalties go up exponentially.

So it’s very important that you hire an attorney.

In fact, if you have a second DUI, you could be looking at:

Easily 30 days in jail
60 days of electronic home monitoring
And if your prior offense is a DUI conviction, you’d be getting a 5-year ignition interlock requirement

So it’s very important, if you have priors, that you obtain legal representation.

When is my license suspended after being charged with a DUI? | Video Transcript

If you are convicted of a DUI or you plead guilty to a DUI, you will face a license suspension.

However, following the entry of that plea, the suspension will not go into effect until about 45 days. At that time, you will receive something in the mail.

If you choose to get a license, it’s at that time that you are given a brief period of time by which to get:

Your ignition interlock
Your SR-22
And your application with $100 to the Department of Licensing to pay for that license

Bear in mind: whatever suspension you have on the criminal side will run concurrent, or at the same time, as any other administrative suspension.

Do I need an attorney for my DUI case? | Video Transcript

If you’ve received a DUI, you need an attorney.

The reason you need an attorney is because DUI law has gotten far more complicated in the past 5, 10, 15 years.

There was a time when a general practitioner did DUI. Today, they don’t.

You need someone who’s specialized in this field.

There are a lot of consequences that can flow from a DUI, which include:

Going to jail
Losing your license
Possibly losing your livelihood
Having ignition interlock requirements
Having SR-22 insurance

And you need an attorney with experience so that they can minimize the effects of a DUI—
someone who knows what to do,
knows how to handle them,
and knows how to get you the best desired result.

Why You Need a DUI Attorney

If you’ve received a DUI, you need an attorney.

The reason you need an attorney is because DUI law has gotten far more complicated in the past 5, 10, 15 years.

There was a time when a general practitioner did DUI. Today, they don’t.

You need someone who’s specialized in this field.

There are a lot of consequences that can flow from a DUI, which include:

Going to jail
Losing your license
Possibly losing your livelihood
Having ignition interlock requirements
Having SR-22 insurance

And you need an attorney with experience so that they can minimize the effects of a DUI—someone who knows what to do, knows how to handle them, and knows how to get you the best desired result.

License Suspension After DUI Plea

If you are convicted of a DUI or you plead guilty to a DUI, you will face a license suspension. However, following the entry of that plea, the suspension will not go into effect until about 45 days. At that time, you will receive something in the mail.

If you choose to get a license, it’s at that time that you are given a brief period of time by which to get:

Your ignition interlock
Your SR-22
Your application with $100 to the Department of Licensing

Bear in mind, whatever suspension you have on the criminal side will run concurrent, or at the same time, as any other administrative suspension.

Penalties for a Second DUI

On a subsequent DUI—meaning that you have a prior offense within 7 years—the penalties go up exponentially. So it's very important that you hire an attorney.

In fact, if you have a second DUI, you could be looking at:

Easily 30 days in jail
60 days of electronic home monitoring
5-year ignition interlock requirement (if your prior was a DUI conviction)

So it’s very important, if you have priors, that you obtain legal representation.

Standard vs Enhanced DUI

In the state of Washington, we break down DUIs into two categories. You have your enhanced DUI and basically a standard DUI.

The standard DUI is one where there is no breath test or you blew under a 0.15. Enhanced penalties will attach if you either refused a breath test or your blood alcohol level was a 0.15 or above.

For a standard DUI, if you are convicted or you enter a plea of guilty, the mandatory minimum penalties are:

1 day in jail
90-day license suspension
1-year ignition interlock requirement

If you have a 90-day license suspension, you can have an ignition interlock license, so you're never without a license.

You will also have to complete an alcohol evaluation and follow-up treatment, and your fines will range between $1,000–$2,000.

Driving on a Suspended License

If your license is suspended, you need to contact the Department of Licensing immediately and find out why you're suspended.

Chances are there’s merely a requirement that hasn’t been met—that they need proof of—that needs to be sent to them. And then you can be on your way driving.

Driving with a suspended license is not a good idea.

In fact, some of the laws have changed, and some of the police officers will actually impound your vehicle and hold it in impound for 30 days.

Even if you reobtain your license the day after you got stopped, they won’t release your license* for another 30 days.

So it’s very important not to be running around on a suspended license.

Get it fixed. It probably isn’t a big problem, and you just need information.

Our office is available 24/7 to help you with that information.

*Clarification: Likely meant "vehicle." Your license is reinstated by the DOL, not released by impound.

SR-22 Insurance Requirements

If you are convicted of a DUI or reckless driving, or you lost your administrative licensing hearing, you will need to carry SR-22 insurance for a period of 3 years.

SR-22 insurance in of itself is not expensive. It’s merely a filing with the state.

Most insurance companies charge $10 every six months to do the filing for you.

What raises the rates is the conviction. So when that hits your driving record, that’s when your rates go up.

It’s not SR-22 insurance that costs money—it’s the insurance that’s associated with the criminal conviction.

Alcohol Evaluation After DUI

If you are convicted of a DUI or other alcohol-related offense, you will need to obtain an alcohol evaluation.

There are three types of evaluations that you can obtain:

No Significant Problem (NSP)
Abuser program
Alcoholic

Regardless of what category you fall in, it’s important to get your alcohol evaluation completed and your follow-up treatment either started or completed—because that allows us, as your attorney, to get you the best disposition possible.

Proactive DUI Defense

When you hire the Law Offices of Barbara Bowden to represent you on a DUI, that's what we do. We provide you representation, and in doing so, we believe in being proactive.

Being proactive means you want to have everything done before the prosecutor asks you if you’re willing to do something.

By playing offense, rather than defense, when we go in to negotiate with the prosecutor:

We have your assessment done
We have your classes done
We go in there with a plan

And I think that provides us the highest likelihood of getting the desired result we’re seeking.

DUI Sentencing and Aggravating Factors

In the state of Washington, our legislature has laid out mandatory minimum penalties for DUIs. On your first-time offense, they are like one day in jail—possibly two days.

However, the court isn’t bound by the mandatory minimums. They can sentence up to the maximum penalty, which is 364 days in jail.

Factors that they take into account include:

Was there an accident involved?
Were children in the car?
Were there passengers that were hurt?

All those factors can be taken into account, and oftentimes the sentences are higher than what the mandatory minimums are—even if you don't have history—because of these aggravating factors.

Commercial Driver’s License and DUI

If you have a commercial license and you're charged with a DUI, this becomes a very serious matter because you potentially could have your commercial driver’s license disqualified for a period of 1 year.

You’ll have the ability to send out $375 within 20 days of your arrest to request a hearing on the administrative side.

If you lose that Department of Licensing hearing, your CDL will be disqualified for 1 year.

Also, if you're convicted of a DUI, or you're convicted of a physical control, or you do a deferred prosecution on your DUI charge, any of those will result in a 1-year disqualification of your commercial license.

So it’s very important, especially if you have a commercial license, to get ahold of an attorney immediately.

Breath Test Refusal and License Revocation

If you are stopped by a law enforcement officer and asked to submit to a test of your breath and you refuse, your license will be revoked for 1 year.

You will, however, be eligible for what's called the ignition interlock license so that you can drive. However, it will require that you have that device in your car and you will have to carry SR-22 insurance for a period of 3 years.

That’s on the administrative side.

As far as the conviction goes—which would be on the criminal side—if you are convicted of a refusal DUI, either of blood or breath, again you're looking at a 2-year revocation.*

And again, if you choose to drive for those two years, you will need to obtain the ignition interlock license.

*Note: Possible inconsistency—1-year revocation applies to the administrative side; 2 years may reflect the separate criminal penalty.

What Happens After a DUI Arrest

If you get pulled over for a DUI, the officer may release you or you may be taken to jail.

If you are released, you will receive something in the mail. A lot of people think after 60 days, “Oh I’m free and clear, I’m not going to get anything in the mail,” but they have up to 2 years to file charges.

It’ll go into the prosecutor's office, they will review it, they will write out a charging document, and you will get something in the mail saying you’ve been charged with a DUI.

If you were booked into jail, you will be seen by the judge either within a day or two—or if you bail out, you will be given a new court date.

Either way, you need to get your attorney on board as soon as possible.

Lastly, no matter what—whether you hire an attorney right away or not—you will be given a white piece of paper which advises you that within 60 days there will be consequences taken against your license unless you request a hearing and send out $375 to the Department of Licensing.

It’s important, when you are arrested, not to just take all your paperwork and put it away. It won’t go away. Pull out your paperwork, read it, and get into an attorney’s office that handles DUIs.