Kevin assists those individuals in the pursuit and defense of their constitutional rights from initial charging through all motions and hearings, to include Suppression Hearings and trials. He also represents clients at the appellate level in the State Appellate Court and the Washington State Supreme Courts. He specialized in serious felony matters with an emphasis on proceeding with these matters to jury trial. He has tried well over one hundred and fifty jury trials with a high degree of success, conducting approximately fifteen to twenty jury trials per year. If you’re looking for an attorney who cares about your legal rights and future then pick up the phone and call Kevin L. Holt.
If you or a loved one have been charged with driving under the influence (DUI) for the first time, the best thing you can do to protect your rights and fight the charges is to call an experienced DUI lawyer. Kevin L. Holt has over 30 years experience. Facing a DUI can be intimidating. This might be your first time in trouble with the law, and you may have no idea what to do next. We are here to help. You don’t have to face this alone.
Kevin L. Holt is an experienced DUI lawyer, with over 30 years in the courtroom, who will guide you through the DUI legal process with trustworthy advice and compassion. He will provide you the necessary information you need to make decisions that are right for you. His highest priority will be to fight for your acquittal while at the same time, working to minimize any potential consequences of a conviction.
To learn more about how we can help you overcome a Washington DUI charge, contact us at (509)735-6520
Washington DUI Law
Under the Revised Code of Washington, Section 46.61.502, you can be found guilty of a DUI if you drive a vehicle within the state while under the influence of alcohol, driving under the influence of marijuana, or other drugs, or a combination of any of these. You will be charged if within two hours of driving you have a:
• Blood alcohol concentration (BAC) of .08 percent or higher
• A BAC of .04 percent or higher if you are a commercial vehicle driver
• A BAC of .02 percent or higher if you are under 21
• A Blood tetrahydrocannabinol (THC) concentration of 5.00 or higher
This means your BAC or THC levels at the time of your arrest are not the only results that matter. If your alcohol or marijuana levels are above the legal limit within two hours of the traffic stop, you can be charged with a DUI. However, blood, breath, and other BAC or THC tests are not entirely accurate. There are many ways to defend against these results and prove you are innocent of a DUI. Each case is unique with its own set of factors. It’s our job to examine each scenario and present the best defense.
What Counts as a First-Time DUI?
Based on RCW 46.61.5055, Washington courts will look back seven years to determine if you have any previous DUI offenses. If you do not have a previous DUI conviction within the 84 months prior to the current arrest, then the charge will be a first-time DUI offense. If you have one or more convictions within that time, you will be charged with a second or subsequent DUI. Regardless of the timeline of your charges, the prosecuting attorney will consider your past criminal history when filling charges and negotiating your case.
Potential Penalties for a First-time DUI
If you are charged with a first-time DUI, you are typically facing a gross misdemeanor. The potential penalties include:
• Up to 364 days in jail with a minimum of 24 hours
• 15 days of electronic home monitoring (EHM)
• Up to a $5,000 fine
• 90-day driver’s license suspension
• Alcohol or drug counseling
• Installation of an ignition interlock device
However, the potential punishments can be harsher if you were found to have a BAC of at least .15 percent or you refused to submit to a BAC test. Instead of a minimum of 24 hours in jail, you face a minimum of 48 hours.
For legal representation, call us at (509) 735-6520. We can discuss your specific case in a free initial consultation.
Collateral Consequences of a DUI
The consequences of a DUI extend far beyond the statutory punishments, including:
• A permanent criminal record
• Difficulty obtaining a job or professional license
• Difficulty getting accepted to a college or university
• Difficult obtaining financial aid like scholarships and grants
• Changes to your child custody or visitation schedule in the other parent’s favor
• Inability to obtain a visa renewal, permanent residency, or citizenship
• Limitations on your ability to travel abroad, including to Canada
If you are a truck driver facing a DUI, the consequences could be even more devastating. You are likely to lose your commercial driver’s license for a period of time, putting you out work.
Alternative Punishments for a DUI
One of the scariest penalties associated with a DUI is jail time. If you are sentenced to almost a full year in jail, how can you continue to go to school or work? Who will take care of your children? Jail pauses your life and ultimately puts you behind your peers. It can damage your relationship with your spouse, children, and other family members. To avoid jail entirely or minimize its impact, you and your lawyers can fight for an alternative punishment, such as:
• Work release
• Community service
When you are facing a DUI, you are likely wondering how to defend yourself. With the help of a qualified experienced DUI lawyer, we know that there are many ways to fight and we will carefully investigate your situation to determine which defenses are appropriate and the most likely to work for you.
Potential DUI defenses include challenging:
• The validity of the initial traffic stop
• The validity of your arrest
• The admittance of evidence that was unlawfully obtained
• The accuracy of the BAC test results
• Whether the breath test machine was in proper working order
• Whether the breath test was administered by a qualified professional
• Whether the breath or blood sample was contaminated before or during the BAC test
Talk to an Experienced DUI Lawyer Today
Got your first DUI? There is hope. For the right defense against your DUI charge, call us at (509) 735-6520. We can discuss your specific case in a free initial consultation. For legal help with another criminal defense charge call us today.