Aggressive DUI Defense Strategy
DUI/DWI Defense Lawyer in Kennewick, Washington
Comprehensive DUI and DWI Defense
Facing DUI or DWI charges in Kennewick can have serious consequences affecting your driving privileges, employment, and freedom. The Law Offices of Greene and Lloyd provides vigorous defense representation for individuals accused of driving under the influence. Our legal team understands the complexities of impaired driving cases and the impact these charges have on your life. We examine every aspect of your arrest, from traffic stop procedures to breathalyzer accuracy and field sobriety test administration. With extensive experience in Washington’s criminal justice system, we work to protect your rights and pursue the best possible outcome for your case.
Why DUI/DWI Defense Matters
A DUI or DWI conviction carries significant penalties including license suspension, substantial fines, mandatory alcohol education programs, and potential incarceration. Beyond legal consequences, a conviction can damage your professional reputation and create barriers to employment opportunities. Strong legal defense is essential to minimize these impacts and explore alternatives like diversion programs or reduced charges. We fight to preserve your driving privileges and protect your future by challenging weak evidence and procedural violations that occurred during your arrest and prosecution.
Your Kennewick DUI Defense Team
Understanding DUI and DWI Charges
DUI stands for Driving Under the Influence, while DWI refers to Driving While Intoxicated. In Washington, these terms often are used interchangeably, with DUI being the primary charge. Law enforcement officers conduct traffic stops based on suspected impairment, using observations of driving behavior, physical appearance, and performance on field sobriety tests to establish probable cause. Blood alcohol content testing through breathalyzers or blood draws provides measurable evidence, though these tests are not always accurate or properly administered.
Need More Information?
DUI/DWI Defense Glossary
Field Sobriety Test (FST)
A series of physical and cognitive tests administered by police to assess impairment, including the one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests. These tests are subjective and can produce unreliable results influenced by medical conditions, fatigue, or environmental factors.
Implied Consent
Washington’s law that presumes drivers who operate vehicles consent to submit to breath or blood testing when lawfully arrested for DUI. Refusing this testing results in automatic license suspension and carries additional criminal penalties beyond the DUI charges.
Blood Alcohol Content (BAC)
The percentage of alcohol present in a person’s bloodstream, measured through breath or blood testing. Washington establishes 0.08 percent as the legal limit for drivers over twenty-one, though impairment can be charged at lower levels.
Probable Cause
The legal standard requiring police to have reasonable grounds for believing a crime has been committed before making an arrest. In DUI cases, probable cause must exist for both the initial traffic stop and the subsequent arrest for impaired driving.
PRO TIPS
Document Your Medical Conditions
Medical conditions like diabetes, acid reflux, and neurological disorders can affect field sobriety test results and blood alcohol readings. Inform your attorney about any health issues you experienced on the day of your arrest, as these may provide alternative explanations for observed impairment. This medical information becomes crucial evidence in challenging the prosecution’s case.
Request Dash Cam and Body Cam Footage
Video evidence from police dash cameras and body cameras provides objective documentation of your traffic stop and field sobriety testing. This footage often reveals inconsistencies with police reports and may show improper administration of sobriety tests or lack of actual impairment indicators. Early request for this evidence is essential to your defense strategy.
Preserve Evidence Immediately
Evidence preservation is critical in DUI cases, including maintenance records for breathalyzer equipment and calibration documentation. The longer you wait to request this evidence, the greater the risk of loss or destruction. Contact your attorney immediately after your arrest to ensure all relevant evidence is properly preserved for your defense.
DUI Defense Approaches and Options
When Full Defense Representation Is Necessary:
Multiple Charges or Prior Convictions
When facing multiple DUI charges or if you have prior convictions, the potential penalties increase dramatically and may include substantial prison time. Your case requires comprehensive investigation and aggressive courtroom advocacy to minimize consequences. An experienced attorney can explore options like charge reduction or alternative sentencing that might not be available without strong legal representation.
Accident or Injury Involved
DUI charges involving vehicle accidents or injuries to other persons carry significantly enhanced penalties and may include felony charges. These cases demand thorough investigation of accident causation and whether impairment actually contributed to the collision. Comprehensive defense representation becomes essential when facing potential felony convictions with lengthy prison sentences.
When Focused Defense Strategy Works:
Clear Testing Procedural Violations
When police conducted breath or blood testing in violation of established protocols, a focused challenge to the testing evidence may eliminate the prosecution’s primary evidence. If testing results are suppressed due to procedural violations, DUI charges often become difficult to prosecute. This targeted defense approach can be highly effective without extensive litigation.
Questionable Traffic Stop Justification
If the initial traffic stop lacked proper justification, evidence obtained afterward may be suppressible under constitutional protections. Challenging the lawfulness of the stop can eliminate all evidence gathered during the encounter. This approach requires skilled motion practice but may resolve your case favorably without trial.
Common DUI Situations We Handle
Why Choose Greene and Lloyd for Your DUI Defense
The Law Offices of Greene and Lloyd combines years of criminal defense experience with a thorough understanding of Washington’s DUI laws and local court procedures. We treat each case individually, conducting meticulous investigation and developing defense strategies tailored to the specific facts of your arrest. Our attorneys understand the scientific and technical aspects of DUI testing and know how to effectively challenge weak evidence and procedural violations that undermine the prosecution’s case.
When you hire our firm, you gain advocates who will fight aggressively to protect your rights and minimize the consequences you face. We maintain open communication throughout your case and explain all available options so you can make informed decisions about your defense. Our goal is achieving the best possible outcome through negotiation, motion practice, or aggressive trial representation when necessary.
Contact Us for Your DUI Defense Consultation
People Also Search For
DUI lawyer Kennewick
DWI defense attorney Washington
Breathalyzer defense Kennewick
Criminal defense Benton County
Impaired driving charges Kennewick
Blood alcohol testing defense
Felony DUI attorney Washington
License suspension DUI appeal
Related Services
FAQS
What happens if I'm convicted of DUI in Washington?
A DUI conviction in Washington carries mandatory penalties including license suspension for at least one year, fines ranging from $500 to $5,000, and possible incarceration. First-time DUI convictions may result in 30 to 364 days in jail, while repeat offenses carry longer prison sentences. Conviction also requires completion of alcohol treatment programs, installation of an ignition interlock device on your vehicle, and significant increases in insurance costs. Beyond the immediate legal penalties, a DUI conviction creates long-term consequences including permanent criminal record, employment difficulties, and professional licensing restrictions. The conviction appears on background checks reviewed by employers, educational institutions, and professional licensing boards. Having skilled legal representation can help minimize these consequences through plea negotiations, alternative sentencing, or complete case dismissal when evidence is weak.
Can I refuse a breathalyzer or blood test in Washington?
Washington’s implied consent law presumes you have consented to breath or blood testing when lawfully arrested for DUI, so technically you can refuse testing. However, refusing creates automatic administrative consequences including license suspension for at least one year, separate from any criminal penalties. Refusal also signals consciousness of guilt to prosecutors and juries, making your defense more challenging. While refusing testing eliminates scientific evidence of impairment, the prosecution can still present circumstantial evidence including officer observations, field sobriety test results, and witness statements. Your attorney can advise whether refusal strategy makes sense in your specific circumstances, considering the evidence police gathered during your stop. The decision to consent or refuse should be made with full understanding of these consequences.
How much do DUI charges cost in legal fees and fines?
Total costs for a DUI case depend on whether you face misdemeanor or felony charges, your criminal history, and case complexity. Criminal fines range from $500 for a first offense to several thousand dollars for repeat convictions, plus substantial court costs and fees. Mandatory alcohol treatment programs, ignition interlock device installation, and increased insurance premiums add thousands more to the total financial impact. Attorney fees vary based on case complexity and whether your case requires trial or is resolved through negotiation. Public defender services are available to those who qualify financially, or you can hire private counsel. The investment in quality legal representation often returns value through reduced penalties, avoided jail time, and preserved driving privileges that allow continued employment and income.
What is the difference between DUI and DWI in Washington?
Washington primarily uses the term DUI (Driving Under the Influence) as the legal charge, though DWI (Driving While Intoxicated) is sometimes used interchangeably in conversation. The charges carry identical legal definitions and penalties under Washington law, so the terminology difference is not substantive. Both terms refer to operation of a vehicle while impaired by alcohol, drugs, or other intoxicating substances. What matters for legal purposes is whether you face misdemeanor or felony charges, which depends on your BAC level, prior convictions, and whether accident or injury occurred. A blood alcohol content of 0.08 percent or higher creates an automatic presumption of impairment, though lower BAC levels can still result in charges if your driving demonstrated impairment. Your defense attorney will address the specific charge and its elements in developing your case strategy.
Can field sobriety tests be challenged in court?
Field sobriety tests are highly challengeable in court because they measure coordination and balance, which can be affected by many factors unrelated to impairment. Medical conditions, fatigue, nervousness, footwear, and environmental factors like uneven pavement can negatively impact test performance. Additionally, police may administer tests improperly, failing to follow established protocols that are required for reliable results. Your attorney can challenge FST results through expert testimony about test unreliability, evidence of improper administration, and documentation of medical conditions affecting your performance. Video evidence from police cameras often reveals procedure violations that undermine the prosecution’s reliance on test results. When FSTs are successfully challenged, the prosecution loses significant evidence supporting impairment claims.
How long does a DUI case typically take to resolve?
Simple DUI cases may be resolved within three to six months through plea negotiations, while complex cases involving accident investigation or scientific evidence challenges may require one to two years. Cases that proceed to trial often take longer as court schedules and evidence discovery extend the timeline. Your attorney can work to expedite resolution when negotiated agreements are reached with prosecutors. Delays can actually benefit your defense, as memories fade and evidence preservation issues emerge over time. Your attorney will keep you informed about case progression and realistic timelines for your specific situation. Early action is important to preserve evidence and investigate your case thoroughly, so you should contact an attorney immediately after arrest.
Will a DUI conviction affect my employment?
A DUI conviction significantly impacts employment opportunities and can result in job loss, depending on your industry and employer policies. Employers reviewing background checks see criminal convictions and may disqualify you from positions involving driving, security clearances, or public trust. Professional licenses in fields like medicine, law, nursing, and engineering may be suspended or revoked following DUI conviction. However, successful defense through charge dismissal, acquittal, or alternative disposition avoids the permanent record that creates ongoing employment barriers. This makes aggressive legal representation critical to protecting your professional future and livelihood. Your attorney can also explore options like deferred prosecution programs that avoid criminal conviction if you meet program requirements.
Can a DUI charge be reduced to a lesser offense?
DUI charges can potentially be reduced to lesser offenses like negligent driving, reckless driving, or other traffic infractions depending on case circumstances and prosecution willingness to negotiate. Reduction typically occurs when evidence is weak, testing procedures were flawed, or mitigating factors exist like short distance driven or cooperation with police. Your attorney presents these factors to prosecutors in negotiations and may file motions to suppress or reduce charges based on legal violations. Charge reduction significantly diminishes penalties and avoids the stigma of a DUI conviction while protecting your driving privileges. Even without charge reduction, alternative sentencing options may be available including probation without jail time, deferred prosecution programs, or treatment-focused sentences. Your attorney thoroughly explores all options to obtain the most favorable resolution possible.
What should I do if stopped for suspected DUI?
If stopped for suspected DUI, remain calm and polite with the officer, though you should assert your right to counsel and limit detailed statements beyond providing license, registration, and insurance information. You can decline field sobriety tests and may decline a preliminary breath test at the roadside, though this may lead to arrest. After arrest, clearly request an attorney and do not make statements to police without your lawyer present. Accept the breath or blood test at the station after arrest when requested, as refusal creates automatic consequences in Washington. Cooperate with processing while avoiding detailed discussions about drinking, consumption timing, or your actions. Document everything you remember about the stop, your condition, and what happened, then contact a DUI attorney immediately to protect your rights.
How can an attorney help with my license suspension?
Your attorney can file an appeal of your license suspension with the Department of Licensing within administrative deadlines, requesting a hearing to challenge the suspension. The hearing allows presentation of evidence regarding the lawfulness of your arrest and BAC testing accuracy. Success in the administrative appeal can restore your driving privileges while your criminal case proceeds, or restore full driving privileges without restrictions. Even if the administrative appeal is unsuccessful, your attorney can work to minimize criminal court license suspension consequences and explore ignition interlock requirements that allow restricted driving. Early legal action is critical since strict administrative deadlines apply to license suspension appeals. Contact your attorney immediately after arrest to preserve appeal rights and begin work on license restoration.