DUI
Under the laws of the State of Washington, even a first offense DUI is considered a serious criminal matter. Depending on your blood alcohol level, criminal history, and other circumstances of your case, a first DUI conviction can carry a punishment of up to 364 days in jail and a $5000 fine, as well as court ordered drug/alcohol treatment, ignition interlock devices, and a Department of Licensing (DOL) license suspension. Subsequent DUI’s are even more serious.
Its important to know that a DUI conviction comes with mandatory minimum jail sentences. These can be as low as 1 day in jail, but can be considerably more depending on your criminal history and the specific facts of your case. However, it is often possible to get a DUI reduced to a lesser charge that does not require jail time, has fewer consequences, and looks better on your record. That's why at The Law Offices of Morgan Fletcher Benfield we aggressively attack every aspect of the evidence, from the breathalyzer, to the implied consent warnings, and the video evidence from the arrest. Through negotiation with the prosecutor, pointing to weakness in the State's case, Mr. Benfield very often can get a reduction in charge.
DUI License Suspension
When you are charged with a DUI a separate Department of Licensing (DOL) hearing to suspend your license will be initiated. Even a first time DUI conviction carries a minimum suspension of 1 year. However, there is a lot your attorney can do to help you avoid a suspension, and to avoid the expense and embarrassment of an Ignition Interlock Device being installed on your car.
Other Criminal Charges
Criminal charges in general are classed as Felonies, Gross Misdemeanors, and Simple Misdemeanors.
Felony Charges
Felony charges carry maximum sentences that exceed 364 days in jail, and can extend up to life in prison. Felonies typically involve serious physical harm (or threat of harm) to victims, but felony offenses can also include white collar crimes and fraud. Offenses that otherwise are misdemeanors can be elevated to felonies for additional offenses.
Felonies include offenses such as rape, armed robbery, burglary, and sales or distribution of illegal drugs. Class A felonies are punishable by prison sentences which can include life, as well as fines of up to $50,000. Class B felonies carry penalties of up to 10 years in prison and fines of up to $20,000. Class C felonies are punishable by up to 5 years in prison and up to $10,000 in fines.
Gross Misdemeanor Charges
Gross misdemeanors are criminal offenses that are punishable by up to a year in jail. Punishment for misdemeanors can also include payment of a fine, probation, community service, and restitution
Examples of Gross misdemeanors include DUI, reckless driving, theft, many assault charges, and hit and run (attended).
Simple Misdemeanor Charges
Simple misdemeanors are criminal offenses that are punishable by up to 90 days in jail. Punishment for misdemeanors can also include payment of a fine, probation, community service, and restitution
Simple misdemeanors are charges like possession of marijuana, shoplifting, and disorderly conduct.