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Everett DUI Attorney - Snohomish County

Have You Been Arrested for DUI In Everett or Snohomish County?

You need a successful and strong DUI Defense from a high quality law firm.  We will stand between the government and you just like we have been doing for more than two decades.  We know how to shield you from the Snohomish County Prosecutors and the City Attorneys in Everett, Monroe, Arlington, and Lynnwood, and Edmonds.

Seattle_dui_attorney
Everett DUI Attorney

Highly rated by peers, Kevin is dismayed by the growth of for-profit criminal defense mills in the Everett and the Puget Sound region.  Getting money in the door and cases out seems to be the only goal for many DUI firms.  In Everett, working the DUI charges down to Negligent Driving on a case where the client has blown a .18 breath test, takes time and expertise.   Serious DUI Vehicular Homicide or DUI Vehicular Assault charges in Snohomish County are reduced after combining knowledge, wisdom and creativity with old fashion hard work and labor. Kevin is meticulous about keeping  caseloads manageable so that the focus of energy and expertise is on a small number of cases.  Each DUI case must be fought as if it were the last one ever.

In the end, the most important criterion in choosing a lawyer to represent you, is trust.  Kevin Trombold offers a free initial consultation so you can ask him about his legal experience and credentials and make sure he is the right fit for you. During your free consultation, Kevin  will review the facts of your case, inform you on pertinent DUI law, and outline several lines of defense you could pursue in your Snohomish County DUI case.

Over more than twenty years we have successfully argued hundreds of Driving Under the Influence (DUI) cases in Seattle, Tacoma, Everett and all Washington cities.   Kevin Trombold is respected by DUI Attorney peers and DUI clients alike.

20 Day License Deadline For Snohomish County DUIs

Do not hesitate to call our office and speak with us about this very important deadline. Call us at 206-382-9200 for free.

If you were arrested in Everett, Lynnwood, Marysville, Arlington, or anywhere in Snohomish County you need to protect your rights that will expire at twenty days from the arrest.

Within twenty days of being arrested in Everett a hearing request must be made or the license suspension goes into effect without a hearing. A failure to request a hearing is a waiver of your right to a hearing.

Don’t give up your right to a hearing! Request a hearing within twenty days.

Don’t hesitate to call us at 206-382-9200

Everett DUI Advice, Help and Guidance

Being accused of Driving Under the Influence (DUI) in Everett and Snohomish County can feel like the whole world is against you.  Suddenly, everything you took for granted, your job, your drivers license, your freedom, maybe even your marriage are questionable.  You need a strong advocate on your side when you face the accusation in Everett.

Suffering a DUI accusation in Everett may possibly be the most stressful and terrifying event of a lifetime.  The arrest can bring humiliation on the roadside, at the police precinct, and in the Snohomish County Courthouse.  Without a driver's license, some people lose their jobs.  The threat of a serving time in the Everett jail or going to prison sentence raises nightmarish concerns about personal safety. And a conviction for DUI in Everett can create a permanent criminal record following a person for the rest of his or her life and exclusion from Canada.

Kevin Trombold is an Everett DUI attorney who has travelled the entire State of Washington defending people just like you for more than twenty years. He has defeated the breath test machine everywhere.  The Everett breath test machine is the same old machine they use in Tacoma and Seattle.  Kevin has successfully obtained not guilty verdicts, dismissals, and reduced charges for his clients quickly, and quietly.

Washington State DUI Court Experience

In Washington DUI Courts all over Washington Kevin has seen many people wrongly accused and also knows that good people sometimes make mistakes. He understands how overwhelming the potential penalties for driving under the influence may seem when you are first charged with a DUI in Everett and Snohomish County.

When Kevin takes an Everett DUI case, he always invests the time to fully understand his client's goals and interests so that he can lead them through the maze of the Snohomish County criminal courts to a successful resolution.  Sometimes that has meant winning a not guilty verdict from a jury and other times that has meant a plea to a lesser charge.

In some cases, Kevin's skillful negotiations outside the Everett courts have led prosecutors to drop DUI charges altogether.  Whatever the course of your case, Kevin Trombold will make sure that you are informed and in control of all decisions made in your case.

Kevin has brought success to numerous people in Everett, Lynnwood, Monroe, Marysville, and Arlington.  At one two year mark, eighty-eight percent of The Law Offices of Kevin Trombold's clients had won reduced charges.  As Kevin is a native to the Seattle area and with experience in courts throughout Washington State including King County, Pierce County and Snohomish County, you will have the benefit of an experienced dui attorney familiar with the court where your case will be heard.

Our Everett DUI practice is dedicated to fighting your Snohomish DUI.  We start our DUI case analysis from the assumption that you are not guilty and continually look for potential DUI defenses until you decide we have achieved a successful result.  As Everett DUI Attorneys we are here to help you.  You will never feel alone with us at your side in Everett.

The Snohomish County Court Process in Everett

Washington State DUI charges are prosecuted in various county district and municipal courts around the state depending upon where the offense happened and which officer made the arrest.  If a Washington State Patrol officer made the arrest and performed the breath test then the case will be filed by the county prosecutor in the local district court, unless the charge is a felony. Felony charges are filed in superior court while misdemeanor and gross misdemeanor charges are filed in the lower district or municipal court.

One of the most important things people want to know as soon as they recieve a summons in the mail to come to court for their first court appearance, also called an arraignment, is, "what judge will decide my case?"  We have included photos and information regarding judges but can provide much more detail in person or on the telephone. Please see the information on the judges in all the Snohomish Couny District and Municipal Courts below.   If you don't have a summons please call us and we can direct you to which court the case will be in.

The court process in Everett can take several months before your DUI case is resolved. Felony DUIs, vehicular assaults or homicides have a similar process but different terms are used.  We can explain that process better in person during the free consultation.

Everett and Snohomish Police DUI Squad

Members of the Everett and Snohomish County DUI squads may detect an impaired driver by simply enforcing traffic laws on their own, responding to collisions, or answering a request by a patrol officer who stops a driver they suspect might be impaired by alcohol and/or other drugs.

The shift hours are 7:30 PM to 4:30 AM, but each officer is on call 24/7 to respond to serious collisions to assist the Traffic Collision Investigation detectives to evaluate possible drug impairment of involved drivers.  During the winter holidays the squad is augmented by patrol officers for an emphasis patrol known as “Drunk Net.” DUI officers appear in court quite frequently, as impaired driving cases are the most litigated misdemeanor crime in the state.Most of the officers are trained and qualified as Drug Recognition Experts or “DRE's.”  The training to become a DRE is extensive, lasting two weeks.  This training includes a field certification process and one day final exam.  Each DRE must recertify every two years, and attend frequent in-service training.  DRE's evaluate drivers to determine if they are under the influence of drugs other than, or in addition to, alcohol, and are part of a statewide network of officers from other law enforcement agencies.

They may be called outside of the city to assist as necessary.  The DRE's decision is confirmed by the Washington State Toxicologist who analyzes blood samples submitted by DRE's following an impairment evaluation.

The Cost of an Everett DUI Defense

The time an attorney must invest in a vigorous DUI defense in Everett and Snohomish County always depends greatly on the facts and circumstances of a case and the prior criminal record of the accused person. For that reason, a good lawyer will want to have an in-depth conversation with his client before quoting a price. Kevin Trombold always outlines every possible cost for clients and details what they could face during the first discussion of the case.

The total cost of a Everett DUI defense can range from three thousand dollars to twelve thousand dollars, depending on whether or not a costly expert is hired to testify about the inaccuracies of the breath machine and whether the case goes to trial. In Everett, more serious Class A and B felonies such as assault and homicide are more expensive.

In order to keep fees fair and affordable, Kevin has made a conscious choice not to advertise in the yellow pages. Clients sometimes assume that the firm with the largest yellow page ads will have the greatest resources, but in fact many of those firms are forced to charge higher rates and take on a high volume of cases in order to support their expensive ads. The majority of Kevin's cases are referred by other lawyers and former clients.

Worried About a Prior Everett DUI Conviction?

Sometimes the new case law tells a story that helps explain the impact of the law.

If you do the crime, you should do the time. That's a popular mantra of the “tough-on-crime” politicians.  But if you accept this axiom as true, you must also recognize its inverse: you shouldn't do the time if you didn't do the crime.   And since our justice system embraces a code of “innocent until proven guilty,” that last statement should really read as follows: you shouldn't do the time if it cannot be proven that you did the crime.

That's why the Washington Court of Appeals overturned the conviction of a man on a felony DUI charge last year in State v. Santos.  In Washington, a person can be charged with felony DUI if he or she has four or more misdemeanor DUI convictions in the state over the previous ten years.  Heraquio Santos was recently accused of driving under the influence.  During his trial, the prosecution introduced into evidence four cases, each of which indicated that Santos had been convicted of DUI. Even though the defense articulated an objection as to the admissibility of the cases, the judge allowed them into evidence anyway – and Santos was convicted of felony DUI.

Sounds pretty cut and dried, right? Not exactly. The defense attorney appealed the verdict, saying that the state did not prove that those four cases pertained to his client. All of the cases in question contained the name Heraquio Santos, but one of them listed a birth date that conflicted with the age in guilty plea statements made in two of the other cases.  Furthermore, the appellate court noted that even if all four cases could be linked to one another, the prosecution did not produce evidence that they referenced the Heraquio Santos that was being tried. The four case files did not have identifying information like a photograph or fingerprints which could be compared to the man who was sitting at the defense table; in fact, the state didn't even ascertain Mr. Santos's true birthdate, criminal history, or physical address.

In the absence of such verifying information, the appellate court ruled that the state failed to prove beyond a reasonable doubt that Heraquio Santos had committed all of the crimes he was being accused of. As a result, the appeals court vacated the felony DUI charge and reduced it to a gross misdemeanor DUI charge. All because the prosecution assumed (but didn't prove) that the man in the four previous cases was the same individual being tried a fifth time on DUI charges.

Prior offenses in Everett and Snohomish County are serious because they increase the mandatory minimums upon conviction of the new Everett DUI case.  To be a prior DUI conviction and increase the mandatory jail time, suspension, fine, and ignition interlock, the prior "DUI" must be an actual DUI or a DUI reduced to Reckless Driving, Reckless Endangerment, or Negligent Driving 1.

A Snohomish County DUI is the same as any Washington State DUI in law and science.  Under the law, the DUI charge is a gross misdemeanor punishable by up to one day short of a year (364 days) in jail and a five thousand dollar fine.  There are mandatory jail sentences if convicted of DUI anywhere in Washington.  The judge has no choice if he or she receives a guilty verdict from a jury or a plea from a defendant - he or she has to order you to serve jail.  And since most people are released or bail out of jail after a DUI arrest, they are short of the required twenty-four hours dictated by the statute.  Sentences are larger for breath test results over .15 or refusals and again even higher for second or third offenses within a seven year term from the first offense.

Criminal Penalties For A Washington DUI Case

As the charts below show, potential criminal penalties include mandatory jail, fines, license suspension for at least ninety days, ignition interlock on your car, an alcohol evaluation and treatment, and attendance of a DUI victims panel and high risk insurance.

The mandatory penalties in your case will vary in severity depending on your prior driving record. But remember that the prosecutor and the Department of Licensing have to prove numerous things before any of these penalties apply.

The Judges in Snohomish County DUI Courts consider prior convictions within seven years at sentencing to trigger mandatory sentencing times.  Convictions prior to seven years is considered but doesn't trigger mandatory jail terms.  Within seven years means that the arrest for the prior offense occurred within 7 years of arrest for current charge.

DUI – 1ST CONVICTION IN 7 YEARS
Offense Penalty License Action
BAC < .15 or No BAC Jail: 1-364 days (or 15 days EHM allowed)
Fine: $866-$5000
Interlock: Required
90 day suspension
BAC ≥ .15 or refusal Jail: 2-364 days (or 30 days EHM allowed)
Fine: $1121-$5000
Interlock: Required
1 year revocation for BAC over .15
2 year revocation for refusal
DUI – 2ND CONVICTION IN 7 YEARS
Offense Penalty License Action
BAC < .15 Jail: 30-364 days & 60 days EHM
Fine: $1121-$5000
Interlock: 1 year minimum
2 year license revocation
BAC ≥ .15 or refusal Jail: 45-364 days & 90 days EHM
Fine: $1546-$5000
Interlock: 1 year minimum
2.5 year revocation for BAC over .15
3 year revocation for refusal
DUI – 3RD CONVICTION IN 7 YEARS
Offense Penalty License Action
BAC < .15 Jail: 90-364 days & 120 days EHM
Fine: $1971-$5000
Interlock: 1 year minimum
3 year license revocation
BAC > .15 or refusal Jail: 120-364 days & 150 days EHM
Fine: $2821-$5000
Interlock: 1 year minimum
4 year license revocation
RECKLESS DRIVING
Offense Penalty License Action
Reckless Driving Jail: 0-364 days
Fine: $0-$5000

30 day license suspension (IID on 2nd offense)

NEGLIGENT DRIVING 1ST DEGREE
Offense Penalty License Action
Neg 1 Jail: 0-90 days
Fine: $0-$1000
None (IID on 2nd Offense)
MINOR DUI—BAC ≥ .02
Offense Penalty License Action
Minor DUI Jail: 0-90 days
Fine: $0-$1000
None
DEFERRED PROSECUTION REQUIREMENT:

Based on alcohol, drugs or mental health

Deferred Prosecution Jail: 0 days
Fine: 0
Interlock: 1 year minimum
Probation costs: $25-$50/month
None
HOW IT WORKS:

2 year treatment program, case dismissed after 5 years.

REQUIREMENTS FOR GETTING LICENSE BACK

Court Suspensions and Revocations

License Suspended License Revoked
SR-22 insurance for 3 years
$150 re-issue fee
Alcohol evaluation & follow-up treatment
Minimum alcohol information school
SR-22 insurance for 3 years
$150 re-issue fee
Pass Driver's Ability Test
Alcohol Evaluation & follow-up treatment
Minimum alcohol information school

Civil Penalties

Civil penalties imposed by the state Department of Licensing include license suspension or revocation and a requirement for SR 22 high-risk insurance.

CIVIL DUI PENALTIES

Department of Licensing Administrative Sanctions

Offense First Offense License Action Second Offense License Action
BAC ≥ .08 90 day suspension 2 year license revocation
Refusal 1st in 7 years & no prior admin.
action in 7 years:
1 year license revocation
≥ 2nd in 7 years or 1st & at least 1 admin.
action in 7 years:
2 year license revocation (or until 21,
whichever longer)
Minor BAC ≥ .02 1st in 7 years:
90 day suspension
≥ 2nd in 7 years:
1 year license revocation

REQUIREMENTS FOR GETTING LICENSE BACK

Court Suspensions and Revocations

License Suspended License Revoked
SR-22 insurance for 3 years
$150 re-issue fee
SR-22 insurance for 3 years
$150 re-issue fee
Pass Driver's Ability Test

High Risk Insurance (SR-22)

If the Department of Licensing suspends your license, you will be required to carry SR-22 high-risk insurance for the three years after your license is reinstated. Clients are often worried about how much their rates will go up, and the answer depends on your driving record. It is important to shop around to find the best rate.

Pulled Over: Do's & Don'ts

No one plans to get pulled over for driving under the influence, so don't feel that you made a terrible mistake if you didn't follow the guidelines below. But for future reference, here are the rules of the road.

When you are pulled over:

DO:
  • Do give the officer your papers—driver's license, registration, and proof of insurance
  • Do blow into a breath-test machine BUT ONLY AT THE STATION
  • Do give blood at the hospital if your DUI involves an accident or suspected drug use
  • Do ask for an attorney
DON'T:
  • Don't say anything. As you have heard so often on TV, you have the right to remain silent. Be polite but decline comments.
  • Don't perform any Field Sobriety Tests. You are not legally required to take these voluntary tests and even a sober person can fail them.
  • Don't blow in the portable breath machine which officers keep with them in their squad cars. This machine is prone to serious errors. Simply tell the officer you are only willing to take the test on the larger machine at the station.

Everett Alcohol and Drug Evaluations

There is no question that being charged with an Everett DUI is a strange and traumatic experience.  One part of that strange process is the alcohol and drug evaluation requirement.  Many of our clients have nervously asked about Everett Drug and alcohol evaluations.  Lets take some of the mystery out of the process.

In order to satisfy court requirements for alcohol and drug related arrests, an alcohol evaluation may be necessary. These evaluations are conducted by a state certified chemical dependency agency, and strike fear in the hearts of many. The evaluation is designed to help not only you, but chemical dependency specialists determine if you might have a problem with alcohol.

Clients are understandably concerned and nervous about what the evaluation will consist of, and what types of questions they will be asked.  They call every week asking what will happen at an evaluation. Below is a sample alcohol screening test that is characteristic of the types of questions you could be asked during your evaluation.

This self-assessment quiz was put out by the state of Michigan. The MAST Test (Michigan Alcohol Screening Test) is a simple, self-scoring test that helps assess if you have a drinking problem.

Please answer YES or NO to the following questions:

1. Do you feel you are a normal drinker? (“normal” – drink as much or less than most other people)
YES or NO

2. Have you ever awakened the morning after some drinking the night before and found that you could not remember a part of the evening?
YES or NO

3. Does any near relative or close friend ever worry or complain about your drinking?
YES or NO

4. Can you stop drinking without difficulty after one or two drinks?
YES or NO5. Do you ever feel guilty about your drinking?
YES or NO

6. Have you ever attended a meeting of Alcoholics Anonymous (AA)?
YES or NO

7. Have you ever gotten into physical fights when drinking?
YES or NO

8. Has drinking ever created problems between you and a near relative or close friend?
YES or NO

9. Has any family member or close friend gone to anyone for help about your drinking?
YES or NO

10. Have you ever lost friends because of your drinking?
YES or NO

11. Have you ever gotten into trouble at work because of drinking?
YES or NO

12. Have you ever lost a job because of drinking?
YES or NO

13. Have you ever neglected your obligations, your family, or your work for two or more days in a row because you were drinking?
YES or NO

14. Do you drink before noon fairly often?
YES or NO

15. Have you ever been told you have liver trouble such as cirrhosis?
YES or NO

16. After heavy drinking have you ever had delirium tremens (D.T.'s), severe shaking, visual or auditory (hearing) hallucinations?
YES or NO

17. Have you ever gone to anyone for help about your drinking?
YES or NO

18. Have you ever been hospitalized because of drinking?
YES or NO

19. Has your drinking ever resulted in your being hospitalized in a psychiatric ward?
YES or NO

20. Have you ever gone to any doctor, social worker, clergyman or mental health clinic for help with any emotional problem in which drinking was part of the problem?
YES or NO

21. Have you been arrested more than once for driving under the influence of alcohol? 
YES or NO

22. Have you been arrested, even for a few hours because of other behavior while drinking?
(If Yes, how many times ________ )
YES or NO

SCORING

Please score one point if you answered the following:
1. No
2. Yes
3. Yes
4. No
5. Yes
6. Yes
7 through 22: Yes

Add up the scores and compare to the following score card:

0 – 2 No apparent problem

3 – 5 Early or middle problem drinker

6 or more Problem drinker

Everett District Court's Location

3000 Rockefeller Ave,  Everett, WA 98201-4046    Phone: 425-388-3331    Fax: 425-388-3565

Tam T. Bui, Presiding Judge 425-388-3331

Roger M. Fisher, Judge 425-388-3331

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While my traffic case was minor, I didn't want to go it alone. My friend recommended Kevin to me. From the first phone conversation til it was resolved, Kevin and his team were pure perfection! This is the team you want on your side. Period. - K.M.