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Stay Safe on Fourth of July

Fourth of July DUI Consequences in Washington

Fourth of July DUI Consequences in Washington

Celebrating the birth of the United States with friends and family on the Fourth of July is a special occasion for many Americans, but it is also notorious for an increase in driving under the influence (DUI) violations. In this blog post, we will explore the potential consequences of a Fourth of July DUI in Washington and why it is crucial to have legal representation if you find yourself facing such charges during this festive season. The Law Office of Erin Bradley McAleer handles dozens of DUIs every year, giving our attorneys the experience necessary to defend clients effectively.

Increased DUI Patrols Due the DUI Consequences of Fourth of July in Washington

The danger of increased DUIs prompts law enforcement agencies to ramp up their patrols to combat drunk driving during the Fourth of July. DUI patrols are typically heightened, and sobriety checkpoints may be set up in various locations in an effort to prevent alcohol-related incidents. Due to the greater emphasis on DUI enforcement during this time, it is more likely to be pulled over on suspicion of driving under the influence.

DUI laws vary from state to state, but common consequences include hefty fines, license suspension, mandatory alcohol education programs, probation, community service, and even jail time. In the state of Washington, DUIs are classified as Gross Misdemeanors, which can carry up to 364 days in jail and up to $5,000.00 in fines. Additionally, the penalties you may face become more significant with each subsequent DUI charge. The seriousness of these consequences underscores the need for strong legal representation.

Complex Legal Process

Navigating the legal process after a DUI arrest can be overwhelming, especially for individuals who have no legal background. From understanding the paperwork and court procedures to mounting a strong defense, the complexity of the process can quickly become a daunting task. An experienced DUI attorney can guide you through the entire process, ensuring your rights are protected and providing valuable legal advice at every step.

Knowledge of DUI Laws

DUI laws are intricate and constantly evolving. An experienced DUI attorney possesses in-depth knowledge of the applicable laws, including any recent updates or changes. They understand the nuances of field sobriety tests, blood alcohol concentration (BAC) tests, and the admissibility of evidence. Armed with this expertise, an attorney can scrutinize the evidence against you and identify potential weaknesses in the prosecution’s case. They can challenge improper police procedures, faulty testing equipment, or unreliable witnesses to build a solid defense strategy on your behalf.

Protecting Your Rights 

When facing DUI charges, it is vital to have an attorney who will protect your constitutional rights. They will ensure that law enforcement did not violate any of your rights during the arrest, such as conducting an unlawful search or seizure. Additionally, an attorney can negotiate with prosecutors for reduced charges or alternative sentencing options, such as alcohol treatment programs or community service, instead of jail time.

How We Can Help

The Fourth of July festivities should not be overshadowed by the legal consequences of a DUI charge. If you find yourself facing such charges during this holiday season, it is essential to consult with a DUI attorney immediately. Their expertise in DUI laws, the legal process, and protecting your rights can make a significant difference in the outcome of your case. By hiring a skilled attorney, you can ensure that you have the best possible chance to defend yourself and mitigate the potential consequences associated with a DUI conviction. The attorneys at the Law Office of Erin Bradley McAleer have the experience and skill necessary to build strong and effective defenses for our clients, and we will do the same for you.

Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 and schedule a free consultation with one of our highly qualified attorneys.

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I Was Charged With a DUI, What Are My Options?

Expert DUI Lawyers in Washington | Defending Your Rights & Driving Privileges


DUI Lawyers in Washington

Getting stopped by a police officer and receiving a Driving Under the Influence (DUI) charge in Washington has the potential to seriously affect your daily life. Consequences can include a fine, jail time, the suspension of your driver’s license, treatment, and ignition interlock in your car. DUI charges can also be quite stressful and overwhelming. Understanding what consequences of a DUI charge is critical, and our skillful DUI Lawyers in Washington will help you navigate the legal process and assist you in understanding your options in this difficult time. The defenses for DUIs tend to be technical in nature, which require detailed knowledge and experience. This is why it’s important to hire an attorney with that knowledge and experience, which our DUI attorneys have.

What do DUI cases look like?

DUI cases can be quite complex and often have a lot of moving parts. such as additional charges or collateral consequences. A personal criminal background, prior DUI history, or out of state convictions can play a major role in the outcome of the case. Common charges that often coincide with DUI charges could include Hit & Run, Reckless Driving, Reckless endangerment, and eluding the police. A DUI conviction may have negative consequences on your future. The Law Office of Erin Bradley McAleer understands these various issues and do our very best to ensure the best possible outcome for your situation.

Supervised release violations

When released from jail on a DUI, the court will often place conditions on your release pending the outcome of your case. This may include sobriety or alcohol monitoring or check-ins with a supervised released officer. If you fail to abide by these conditions, the court can revoke your release and force you to go back into custody, making your case harder to resolve. This can often be the case on DUIs or other such cases that involve substance use disorders as the draw to use those substances can be strong. Unfortunately, often, the resolution of your case can also be better depending on your ability to do treatment and how amenable one is to it.

Probation violations and DUI Lawyers in Washington

If convicted of a DUI, you will have probation for several years afterwards. The court will place certain conditions and guidelines for you to follow over a certain period and if you fail to follow those conditions, such as treatment, meetings, good conduct, no new law violations, or other such conditions; it will result in additional punishment. If you have already been convicted of a prior DUI and are charged with a new DUI, the new probation violation will often trigger a mandatory 30-day sentence, depending on the conduct alleged. This is another example of how DUI cases can get very complicated very quickly so having our experienced attorneys at the Law Office of Erin Bradley McAleer will be incredibly beneficial to the outcome of your case.

What can we do for you?

The first step our attorneys will take is gathering the necessary information and evidence that is helpful to your case. These documents generally include the police reports, witness statements, breathalyzer results, blood tests, and probable cause statements. Our attorneys will carefully examine all the evidence and documents provided to set up the best possible defense for your circumstance.

We can also help you navigate through the complex minefield of collateral requirements and consequences, which includes the evaluation and treatment process, SR22 insurance, ignition interlock requirement, license suspension, CDL license impact, victim impact panel, and a potential reduction in fines and fees.

Your license may also be restricted when you receive a DUI by the Department of Licensing which has its own set of laws regarding DUIs. The Department of Licensing has its own set process regarding the reinstatement of your license, and our lawyers will not only help with your defense but also with getting your ability to drive back as well taking the necessary precautions and connecting you with the resources you need.

Our attorneys will take all necessary steps to continue to build the defense aiming for the best possible outcome. One of the ways we do this is by challenging the validity of the evidence brought against you in court. We may challenge the validity of the stop itself, challenging the validity of the breath test machine, and/or challenging the validity of the field sobriety test as well. Negotiating with the prosecuting attorney will also be a step we take in order to bring the charges down.

Don’t hesitate. Contact us now to see what we can do for you at the Law Office of Erin Bradley McAleer.

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What Happens When You Are Accused of Date Rape?

Date Rape Charges in Washington

What is date rape?

Date rape is generally defined as having sexual intercourse with the person whom you went on a date, without given consent. Some of the more common elements that lead to allegations of date rape are the use of drugs or alcohol, and choices that the accused makes that forces the accuser into a position where allegations seem to be the only solution. If you are facing Date Rape Charges in Washington, understanding the legal nuances and seeking experienced legal representation is crucial.

What should I do if I am being accused of Date Rape Charges in Washington?

When you are first accused of a date rape, you may be contacted by authorities as part of their investigation. It is highly recommended that you DO NOT TALK TO THE POLICE. Know your rights, and understand that you have the right to remain silent, and anything you say can and WILL be used against you. Talking to the police gives them the right to take what you say, and spin it around in whatever way it suits them. If you do decide to talk to the police, make sure that you have an attorney present at all times, so that they may advise you on what to say, and to speak on your behalf if given permission. Our lawyers at the Law Office of Erin Bradley McAleer will not only help you with the authorities, but will also provide you with a plan to move forward with your case.

How does intoxication play a role in this?

Intoxication can play a large role in the state of mind a person may be in, aiding in the facts of a particular incident at hand. When a person voluntarily consumes drugs or alcohol that alters their mental or physical condition, this is referred to as voluntary intoxication. In contrast, involuntary intoxication happens when a person unintentionally consumes a substance that makes them impaired. Both voluntary and involuntary intoxication can play a large role in the aftermath of date rape.

Voluntary Intoxication

Voluntary intoxication might cause poor judgment, weakened boundaries, and a higher likelihood of participating in unsafe or harmful conduct when out on a date. Everyone must be conscious of their personal limitations and choose wisely while consuming alcohol or other drugs. A person has not necessarily given their permission when they are voluntarily intoxicated. It’s essential to understand that permission must be provided intentionally and with clarity of mind, and that if someone is very intoxicated to the point of having poor judgment or being incapacitated, they might not be able to offer consent that is legally binding. In fact, some legal systems hold that any sexual action that takes place when a person is too inebriated to agree is non-consensual and is thus regarded as sexual assault. This is because someone who is impaired may not be able to adequately articulate their boundaries or understand what they are consenting to. In other words an intoxicated “yes” or consent can leave you at risk for many legal implications in the future.

Involuntary Intoxication

In contrast, involuntary intoxication can occur when someone is drugged without their knowledge or permission. This is possible due to the usage of “date rape” drugs, which are frequently slipped into beverages without the person’s awareness. If a person believes they have been drugged, they should seek medical assistance right once and report the occurrence to the police. Involuntary intoxication can also impair one’s capacity to consent. If someone is drugged without their knowledge or agreement, they may become unconscious and unable to grasp what is going on or adequately articulate their boundaries. In such instances, any sexual activity would be regarded non-consensual and hence a kind of sexual assault. Individuals should emphasize their safety and well-being on a date, and take precautions to avoid being drugged, such as keeping an eye on their drink and refusing beverages from strangers.

What constitutes consent?

A person’s consent is their approval of another person or group to carry out a certain action or activity. In general, consent must fulfill the following characteristics in order to be considered valid:

  1. Voluntary: Consent must be given freely, without coercion, pressure, or threats of any kind. The person giving consent must have the ability to freely make the decision to agree or disagree.
  2. Informed: Consent must be given with a clear understanding of the nature, purpose, and potential consequences of the action or activity.
  3. Specific: Consent must be given for a particular action or activity, and it cannot be assumed to apply to other activities.
  4. Active: Consent must be given through an affirmative action or statement, such as saying “yes”. 
  5. Reversible: Consent can be withdrawn at any time, and the person who has given consent must be informed of this right.

It’s vital to understand that different sorts of consent are necessary in different contexts, such as sexual consent, medical consent, and agreement for research study participation. The conditions for valid permission may differ slightly based on the situation in each case.

What are the consequences of being accused of Date Rape Charges in Washington?

When it comes to not obtaining consent before sexual contact with another individual who is intoxicated,it is rape in the second degree according to the Revised Code of Washington. This is because in the Revised Code of Washington, rape in the second degree is forcible non-consentual sexual intercourse with an adult that is physically helpless, mentally incapacitated, or vulnerable or frail adults. This conviction can carry incredibly heavy consequences that can affect you for the rest of your life. As a class A felony, it can come with punishments such as up to life in prison, lifetime probation, lifetime sex offender registration, and up to $50,000 in fines.

What does Law say about Date Rape Charges in Washington?

Washington State’s Revised Code of Washington (RCW) includes several sections related to sexual assault, including date rape. Here are some relevant RCW sections related to date rape:

RCW 9A.44.040: This section defines the crime of rape in the third degree, which includes sexual intercourse without consent where the victim is mentally incapacitated. This can include cases of date rape where the victim is drugged or otherwise unable to consent.

RCW 9A.44.050: This section defines the crime of rape in the second degree, which includes sexual intercourse without consent, where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.060: This section defines the crime of rape in the first degree, which includes sexual intercourse without consent where the victim is compelled to submit by force or threat of force, and one or more aggravating factors are present. Aggravating factors can include the use of a deadly weapon, infliction of severe bodily injury, or commission of the offense during a kidnapping.

RCW 9A.44.076: This section defines the crime of sexual assault in the third degree, which includes non-consensual sexual contact where the victim is mentally incapacitated. This can include cases of date rape where the victim is touched sexually without their consent.

RCW 9A.44.079: This section defines the crime of sexual assault in the second degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.080: This section defines the crime of sexual assault in the first degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force and one or more aggravating factors are present. Aggravating factors can include using a deadly weapon, infliction of severe bodily injury, or commissioning of the offense during a kidnapping.

RCW 9A.44.040: This provision defines rape in the third degree, which involves sexual intercourse without permission when the victim is unable to agree due to physical or mental incapacity. This includes situations of date rape where the victim is under the influence of drugs or otherwise unable to agree.

RCW 9A.44.050: This section defines rape in the second degree as sexual intercourse without consent in which the victim is coerced to comply by force or fear of force. This includes situations of date rape in which the victim is pressured or threatened into engaging in sexual activity.