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First Offense DUI

First-Offense DUI Defense in Lynnwood

A Former Prosecutor Handles Your DUI Charge & License Issues

A first-offense DUI can trigger two separate proceedings: a criminal prosecution and an administrative action against your driver’s license. Each has its own issues, procedures, and deadlines. I handle the defense personally and examine both tracks, so an urgent licensing matter isn’t overlooked while the court case moves forward.

Keep your citation, release paperwork, court notice, testing documents, and Department of Licensing notice together. Don’t discuss the incident with anyone other than your attorney or post about it online. An early review can identify evidence that should be requested or preserved.

Call (425) 341-4347 to discuss your arrest, upcoming court date, and driver’s-license concerns directly with me.

What Qualifies as DUI Under Washington Law?

Under RCW 46.61.502, the state may allege that a driver had an alcohol concentration of 0.08 or higher within two hours of driving, had a blood THC concentration of 5.00 or higher, or was impaired by alcohol, cannabis, another drug, or a combination of substances.

The prosecution doesn’t always need a test result to pursue a case. It may rely on driving behavior, officer observations, statements, field sobriety tests, and other evidence of impairment. The analysis can also change when the allegation involves actual physical control of a vehicle, prescription medication, test refusal, or a related charge.

Potential Penalties for a First DUI

Washington’s sentencing rules depend on the evidence, including the reported alcohol concentration and whether the driver refused a requested test. Under RCW 46.61.5055, a first offense involving an alcohol concentration below 0.15 carries a statutory minimum of 24 consecutive hours in jail and a fine of at least $350, subject to authorized alternatives and the court’s authority.

When the reported alcohol concentration is at least 0.15, the minimum increases to 48 consecutive hours in jail and a fine of at least $500. Other consequences can include electronic home monitoring, 24/7 sobriety monitoring, assessment or treatment requirements, probation conditions, an ignition interlock requirement, and driving restrictions. The precise exposure depends on the charge, test result, refusal allegation, prior history, age, and other case facts.

Your Separate Department of Licensing Case

Washington’s implied-consent law addresses breath testing after a lawful arrest when an officer has reasonable grounds to believe a person drove or was in actual physical control of a vehicle while under the influence. Refusing a properly requested test can create a separate license-revocation issue, and the refusal may be offered as evidence in the criminal case.

The arrest notice explains how to request a Department of Licensing hearing. Under current Washington law, the request generally must be made within seven days after notice, so the paperwork requires immediate attention. The administrative hearing and criminal prosecution address different questions, and a favorable decision in one doesn’t automatically resolve the other.

How I Examine the Evidence in a First DUI Case

A sound defense begins with the state’s evidence, not assumptions about what happened. I review the legal basis for the traffic stop and arrest, required warnings, body-camera or patrol-car footage, field sobriety testing, breath or blood collection, witness accounts, and the timing of each event.

I examine issues such as:

  • Reason for the stop: Whether the officer had a lawful basis to detain the driver.
  • Probable cause: Whether the available facts legally supported the arrest.
  • Testing procedures: Whether breath or blood evidence was collected, documented, and handled properly.
  • Reliability: Whether equipment, laboratory work, timing, or outside factors affect the test evidence.
  • Proof of impairment: Whether the observations and other evidence establish the charged theory beyond a reasonable doubt.

Depending on the evidence and your objectives, I may seek to exclude improperly obtained evidence, negotiate the charge, advocate at sentencing, or take the case to trial. I build the defense around the facts that can be established and the legal issues that apply.

Where Your Case May Be Heard

The citation and charging documents identify the court assigned to your case. Depending on jurisdiction, proceedings may take place in Lynnwood Municipal Court or a division of Snohomish County District Court. Confirm the court, arraignment date, and any release conditions before deciding what to do next.

Direct Attorney Representation From Start to Finish

I previously served as an assistant attorney for the City of Lynnwood and as a Deputy Prosecutor in Pierce and King counties. That background helps me assess how the government may organize its evidence. More than 35 years in practice and hundreds of trials also inform my preparation for contested proceedings.

At Johanson Law Group, Inc., I personally handle each criminal defense case from the initial review through its resolution. You receive advice based on your evidence, license status, court obligations, and priorities rather than a standardized response to a first arrest. This page provides general information about Washington DUI law and isn’t a substitute for advice based on your individual circumstances.

Discuss Your DUI Case & License Deadlines

Contact me with your citation, release paperwork, court notice, Department of Licensing documents, and any available breath or blood testing information. Court requirements and licensing deadlines can arise independently. I can identify immediate deadlines, review the evidence, and discuss options based on the available facts.

Call (425) 341-4347 to speak with me at Johanson Law Group, Inc. about your first DUI arrest.

Our Client Victories

  • Assault Charges- Dismissed
  • Drug Crime - Dismissed
  • DUI - Dismissed
  • DUI - Reduced Charges
  • Felony Domestic Violence - Not Guilty

Our Testimonials

See What Our Clients Are Saying
  • He has a depth and breadth of experience few attorneys possess. Jim and his team work hard to provide top-tier quality legal services and strategies.
    - John D.
  • "I cannot thank you enough"
    Jim & Shaun, I cannot thank you enough for all you did for me with my case; it meant a great deal to me.
    - A.B.
  • Because of your hard work and expertise my daughter has been exonerated!
    - R.B.
  • You have given Jake his life back and we can't thank you enough for fighting for our son.
    - Michelle & Michael S.

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