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Frequently Asked Questions and Court
Information Sheets |
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Court
Information Sheets - the content of these information sheets
was provided by the Skagit
County District Court. You will need the
Adobe Acrobat Free Reader to view PDF files. You may download the
free
reader here. |
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DUI Information - in MS
Word format and PDF
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Mandatory Penalty Offenses
- in MS
Word format and PDF |
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Notice to All Defendants
- in MS
Word format and PDF |
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Hoja
De Informacion De DUI - in MS
Word format and PDF |
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DUI Licensing Facts |
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It is a crime to drive
an automobile on the public highways of the State of Washington with
an alcohol concentration at or above the legal limit. The legal limit
in the State of Washington is "0.08." This is a very low standard,
considering that the average person can reach the legal limit with
only a couple of drinks Despite this legal limit, you must also keep
in mind that you can be arrested for and convicted of DUI at an alcohol
concentration below the legal limit, as long as the prosecution can
prove beyond a reasonable doubt that your ability to drive was affected
to any appreciable degree. |
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Many people believe that
they have satisfied their obligation to give a breath sample by blowing
into the portable breath test device that is commonly given by the
police officer at the scene of the traffic stop. This misconception
is a serious mistake. |
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The Law is satisfied only when you
blow into the breath test machine that is located at a police station.
Refusing to submit to the portable breath test machine will not impact
your driver's license BUT refusing to
submit to the breath test machine at the police station will result
in serious licensing consequences and may adversely impact the defense
of the DUI charge. |
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A driver who refuses to take a breath
test faces a number of adverse consequences. The most serious is a
one-year license revocation for a first refusal within seven years,
or a two-year license revocation for a second or subsequent refusal
within seven years. There is no possibility of getting an occupational
license. The fact that a person "refused" is admissible in the DUI
trial. The prosecutor can, and usually does, argue that the reason
the driver refused testing was because the defendant knew he or she
was drunk and would fail the test. Additionally, a test refusal can
increase the fine and jail sentence of a person convicted of DUI as
well as result in additional and longer license suspensions based
on the conviction. |
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Since many arrested for DUI have never
faced the dilemma of having to decide whether to take an official
breath or blood test, it is in your best interest to exercise your
Constitutional Right to speak with an attorney to discuss your legal
options prior to deciding to giving a breath test, regardless of the
time, day or night. |
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