Vancouver DUI Defense Attorney
Experienced DUI Defense Lawyer in Vancouver, WA
Charged with a DUI in Vancouver, WA? You don’t have to face it alone. At the Law Office of Adin Johnson, we provide experienced, aggressive DUI defense to protect your license, reputation, and freedom. A DUI charge can disrupt your life, but with the right legal representation, you may be able to reduce or even dismiss the penalties you’re facing.
Types of DUI Charges We Handle
What to Do After a DUI Arrest in Vancouver
If you’ve been arrested for DUI in Vancouver, WA, it’s important to act quickly. What you do next can have a significant impact on your case.
Remain Silent – Politely refuse to answer any questions until you’ve spoken with your attorney.
Request Legal Representation – Ask for a DUI defense lawyer as soon as possible.
Request a DOL Hearing – You only have 7 days from the date of your arrest to request a hearing with the Washington Department of Licensing to fight the automatic suspension of your driver’s license.
Contact the Law Office of Adin Johnson immediately to start building your defense. We’ll help you protect your driving privileges and prepare your case from day one.
The DUI Defense Process: Step-by-Step
Step 1: DUI Arrest
A DUI arrest can happen during a routine traffic stop, at a DUI checkpoint, or following an accident. Officers may conduct field sobriety tests or request a breath or blood test. While refusing to submit to testing can carry its own penalties, you are still entitled to legal counsel before answering any further questions.
Step 2: Department of Licensing (DOL) Hearing
In Washington, a DUI arrest can trigger an administrative license suspension—separate from any criminal court proceedings. You have just 7 days to request a DOL hearing to challenge this suspension. At this hearing, we present evidence to defend your right to drive and challenge the arrest’s legality if necessary.
Step 3: Arraignment
At your arraignment, you’ll be formally charged and asked to enter a plea. We will be present to represent you, explain your rights, and ensure no unfavorable plea is entered without a full review of your options.
Step 4: Pre-Trial Preparation
This is where our firm goes to work. We’ll examine:
The legality of the traffic stop
The accuracy of BAC tests
The procedures followed by law enforcement
Dashcam or bodycam footage (if available)
Your personal medical or physical conditions that may have affected test results
If we find evidence was obtained improperly or your rights were violated, we may file motions to suppress that evidence or seek dismissal of the charges.
Step 5: Negotiation or Trial
Many DUI cases are resolved before going to trial. We negotiate with prosecutors for reduced charges, lesser penalties, or alternative sentencing programs such as deferred prosecution or alcohol treatment plans.
If trial is necessary, Adin Johnson is prepared to present a strong, well-researched case in court, challenging the prosecution at every turn and advocating for your rights.
Step 6: Sentencing or Case Resolution
If your case results in a conviction, we continue to advocate for your best interests. Sentencing may include fines, community service, DUI education, or the installation of an ignition interlock device. We fight for alternatives to jail and minimize penalties whenever possible.
Understanding Washington DUI Laws
Washington State enforces some of the nation’s strictest DUI laws. You can be charged with DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher for drivers over 21, 0.04% for commercial drivers, or 0.02% for drivers under 21, according to the Washington State Department of Licensing. Washington also prosecutes “marijuana DUI” cases when THC levels exceed 5 nanograms per milliliter of blood, even if marijuana use is legal.
Importantly, you can face DUI charges even with BAC below legal limits if police believe you’re impaired by alcohol, drugs, or prescription medications. This “affected by” standard relies heavily on officer observations and subjective field sobriety test interpretations, making experienced legal representation crucial for challenging these cases.
First-Time DUI Penalties in Washington
First-time DUI convictions in Washington carry mandatory minimum penalties that judges cannot waive, as outlined in the Revised Code of Washington (RCW 46.61.5055):
- Jail Time: 1-364 days (minimum 24 hours mandatory, 48 hours if BAC 0.15% or higher)
- Fines: $350-$5,000 plus court costs and fees
- License Suspension: 90 days minimum (180 days for BAC 0.15% or higher)
- Ignition Interlock: Required for all convicted DUI offenders
- Alcohol Evaluation: Mandatory assessment and treatment
- Probation: Up to 5 years with conditions including no alcohol consumption
These penalties increase significantly if you had a minor passenger in your vehicle or caused an accident resulting in injuries.
Enhanced Penalties for Multiple DUI Offenses
Washington enhances DUI penalties for repeat offenders within seven years:
- Second DUI: 30-364 days jail (minimum 30 days mandatory), $500-$5,000 fines, 2-year license revocation, 5-year ignition interlock requirement
- Third DUI: 90-364 days jail (minimum 90 days mandatory), $1,000-$5,000 fines, 3-year license revocation, 10-year ignition interlock requirement
After a third DUI conviction, you may be classified as a habitual offender, resulting in even harsher consequences and potential felony charges.
Vancouver DUI Defense Attorney | Law Office of Adin Johnson
The Law Office of Adin Johnson provides aggressive DUI defense in Vancouver, WA, protecting your driving privileges, freedom, and future. Attorney Adin Johnson challenges breathalyzer accuracy, questions field sobriety tests, contests illegal stops, and fights for charge dismissals or reductions in Clark County and throughout Washington State.
Facing DUI charges is frightening, but you don’t have to navigate Washington’s complex drunk driving laws alone. A DUI conviction affects every aspect of your life—your ability to drive to work, your professional license, your insurance rates, and your criminal record. Attorney Adin Johnson understands what’s at stake and provides personalized legal representation focused on achieving the best possible outcome for your specific situation.
With years of experience defending DUI cases in Vancouver and Clark County courts, Attorney Johnson knows how to identify weaknesses in the prosecution’s case, from improper police procedures to faulty breath test equipment. Whether this is your first DUI arrest or you’re facing enhanced penalties for multiple offenses, the Law Office of Adin Johnson fights aggressively to protect your rights and minimize the impact on your life.
Understanding Washington DUI Laws
Washington State enforces some of the nation’s strictest DUI laws. You can be charged with DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher for drivers over 21, 0.04% for commercial drivers, or 0.02% for drivers under 21, according to the Washington State Department of Licensing. Washington also prosecutes “marijuana DUI” cases when THC levels exceed 5 nanograms per milliliter of blood, even if marijuana use is legal.
Importantly, you can face DUI charges even with BAC below legal limits if police believe you’re impaired by alcohol, drugs, or prescription medications. This “affected by” standard relies heavily on officer observations and subjective field sobriety test interpretations, making experienced legal representation crucial for challenging these cases.
First-Time DUI Penalties in Washington
First-time DUI convictions in Washington carry mandatory minimum penalties that judges cannot waive, as outlined in the Revised Code of Washington (RCW 46.61.5055):
- Jail Time: 1-364 days (minimum 24 hours mandatory, 48 hours if BAC 0.15% or higher)
- Fines: $350-$5,000 plus court costs and fees
- License Suspension: 90 days minimum (180 days for BAC 0.15% or higher)
- Ignition Interlock: Required for all convicted DUI offenders
- Alcohol Evaluation: Mandatory assessment and treatment
- Probation: Up to 5 years with conditions including no alcohol consumption
These penalties increase significantly if you had a minor passenger in your vehicle or caused an accident resulting in injuries.
Enhanced Penalties for Multiple DUI Offenses
Washington enhances DUI penalties for repeat offenders within seven years:
- Second DUI: 30-364 days jail (minimum 30 days mandatory), $500-$5,000 fines, 2-year license revocation, 5-year ignition interlock requirement
- Third DUI: 90-364 days jail (minimum 90 days mandatory), $1,000-$5,000 fines, 3-year license revocation, 10-year ignition interlock requirement
After a third DUI conviction, you may be classified as a habitual offender, resulting in even harsher consequences and potential felony charges.
How Attorney Adin Johnson Defends DUI Cases
Every DUI case is unique, requiring customized defense strategies based on the specific facts and evidence. Attorney Johnson begins by thoroughly reviewing every detail of your arrest, looking for constitutional violations, procedural errors, and scientific flaws that undermine the prosecution’s case.
Challenging the Traffic Stop
The Fourth Amendment to the U.S. Constitution requires police to have reasonable suspicion of criminal activity before stopping your vehicle. If officers lacked valid justification for the stop, all evidence obtained afterward—including breath test results—can be suppressed. Attorney Johnson scrutinizes dash cam footage and police reports to determine whether the stop was legal.
Common invalid stop reasons include:
- Anonymous tips without corroboration
- Suspected equipment violations later proven false
- Pretextual stops based on officer hunches
- Stops based on legal driving behavior misinterpreted as impairment
Attacking Field Sobriety Tests
Field sobriety tests are highly subjective and prone to false positives. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA)—horizontal gaze nystagmus, walk-and-turn, and one-leg stand—have accuracy rates as low as 65-77% even under ideal conditions. Many factors unrelated to alcohol impairment affect performance:
- Medical conditions affecting balance
- Leg, back, or knee injuries
- Footwear like high heels
- Uneven road surfaces
- Poor weather conditions
- Anxiety and nervousness
- Officer instruction errors
Attorney Johnson examines how officers administered these tests, whether they followed standardized protocols, and whether alternative explanations exist for your performance.
Questioning Breath Test Accuracy
Breath test machines are scientific instruments requiring proper maintenance, calibration, and operation. Washington uses primarily the Draeger Alcotest 9510, which can produce inaccurate results due to:
- Calibration Errors: Machines must be calibrated regularly with control samples of known alcohol concentration
- Radio Frequency Interference: Cell phones and police radios can affect readings
- Mouth Alcohol Contamination: Burping, reflux, or recent alcohol consumption creates falsely high readings
- Medical Conditions: Diabetes, acid reflux, and certain diets produce substances breath machines misidentify as alcohol
- Observation Period Violations: Officers must observe you continuously for 15 minutes before testing to ensure accuracy
Attorney Johnson obtains maintenance and calibration records for the specific machine used in your case, reviews arresting officer training and certification, and consults with forensic toxicology experts when necessary to challenge breath test reliability.
Blood Test Challenges
Blood tests are generally more accurate than breath tests but still vulnerable to challenge. Blood draws must follow strict protocols established by the Washington State Toxicology Laboratory:
- Qualified Personnel: Only authorized medical professionals can draw blood
- Sterilization Procedures: Non-alcohol sterilizing agents must be used
- Chain of Custody: Every person handling blood samples must be documented
- Storage Requirements: Improper storage can cause fermentation, increasing alcohol content
- Laboratory Standards: Testing labs must follow quality control procedures
Any deviation from these protocols can result in contaminated or unreliable results that should be excluded from evidence.
DOL Administrative Hearings
Washington’s Department of Licensing (DOL) conducts administrative hearings separate from criminal proceedings to determine whether your license should be suspended. You have only seven days from arrest to request this hearing, making immediate action critical.
Attorney Johnson represents clients at DOL hearings, challenging:
- Whether police had reasonable grounds for arrest
- Whether you were informed of implied consent warnings
- Whether breath or blood tests were administered properly
- Whether test results exceeded legal limits
Winning DOL hearings preserves your driving privileges regardless of criminal case outcomes, allowing you to drive legally while your criminal case proceeds.
Alternative Sentencing Options
Attorney Johnson explores every avenue to minimize DUI conviction consequences, including alternative sentencing options that keep you out of jail and protect your record.
Deferred Prosecution
Washington’s deferred prosecution program, outlined in RCW 10.05, allows eligible first-time DUI offenders to avoid conviction by completing a 5-year treatment and probation program. Successfully completing all requirements results in case dismissal rather than conviction.
Requirements include:
- No prior DUI convictions
- Professional evaluation diagnosing alcohol or substance dependency
- Completion of intensive treatment program (minimum 2 years)
- Total abstinence from alcohol and drugs (verified by random testing)
- Ignition interlock installation for entire 5-year period
- Serving any mandatory minimum jail time
Deferred prosecution is a significant commitment with strict compliance requirements, but it offers the benefit of case dismissal and no permanent criminal conviction upon successful completion.
Reckless Driving Reduction
In cases where evidence is weak or procedural problems exist, Attorney Johnson negotiates with prosecutors for reduced charges. Reckless driving is a common DUI reduction that eliminates mandatory ignition interlock requirements, carries shorter license suspensions, and doesn’t count as a prior DUI offense for enhancement purposes.
While reckless driving is still a criminal conviction, the penalties are substantially less severe than DUI, making it an attractive resolution when DUI conviction seems likely.
Negligent Driving Reduction
Negligent driving represents the best possible reduction, as it’s a traffic infraction rather than a criminal conviction. This resolution preserves your clean criminal record, avoids jail time, and minimizes insurance impact. However, prosecutors typically only offer negligent driving reductions when significant evidence problems exist that make DUI conviction unlikely at trial.
Commercial Driver’s License (CDL) Implications
DUI convictions have devastating consequences for commercial drivers. Federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA) disqualify CDL holders for one year after first-time DUI convictions and permanently after second convictions, regardless of whether you were driving your personal vehicle or commercial vehicle when arrested.
Even BAC levels as low as 0.04% trigger CDL disqualification, and refusing breath or blood tests results in automatic one-year CDL suspension. For professional drivers whose livelihood depends on maintaining CDL status, fighting DUI charges becomes critical for preserving careers.
Attorney Johnson understands the unique stakes CDL holders face and works aggressively to secure charge dismissals or reductions that don’t trigger CDL disqualification.
Immigration Consequences of DUI
Non-citizens face serious immigration consequences from DUI convictions that U.S. citizens don’t experience. While a single DUI is generally not a deportable offense under current U.S. Citizenship and Immigration Services (USCIS) policies, multiple DUI convictions can demonstrate a “pattern of alcohol abuse” affecting immigration status, naturalization applications, and green card renewals.
DUI convictions with aggravating factors—such as accidents causing injuries, extremely high BAC levels, or sentences exceeding one year (even if suspended)—can trigger deportation proceedings. Additionally, leaving the United States with a DUI conviction can create inadmissibility problems when attempting to return.
Why Choose the Law Office of Adin Johnson for DUI Defense?
When you’re charged with driving under the influence, your choice of legal representation can make all the difference. At the Law Office of Adin Johnson, we understand how overwhelming a DUI arrest can be. You may be wondering if you’ll lose your license, face jail time, or see long-term consequences on your record. That’s where we come in.
As a trusted DUI defense law firm in Vancouver, WA, we offer:
Extensive experience in Washington DUI law
Tailored legal strategies based on your specific case
Strong negotiation skills with prosecutors
Effective courtroom representation when trial is necessary
Responsive, one-on-one attention throughout your case
We fight hard to defend your rights at every stage of the process, from the moment of your arrest to the final resolution of your case.
Contact the Law Office of Adin Johnson Today
If you’ve been arrested or charged with a crime in Vancouver, WA, don’t wait. The sooner you have a criminal defense attorney on your side, the better your chances of achieving a favorable outcome. The Law Office of Adin Johnson is ready to fight for your rights, protect your freedom, and guide you every step of the way. Contact us for a free consultation.
DUI Defense Attorney FAQs
What should I do immediately after a DUI arrest in Vancouver, WA?
Contact Attorney Adin Johnson within 24 hours of your arrest and request a Department of Licensing hearing within seven days to contest license suspension. Remain silent about your case except when speaking with your attorney, avoid social media posts about the incident, and document everything you remember while details remain fresh.
Immediate action protects your rights and preserves defense opportunities. Washington law gives you only seven days from arrest to request a DOL administrative hearing, and missing this deadline results in automatic license suspension regardless of your criminal case outcome. During this critical period, anything you say to police, friends, family, or post online can be used against you in court. Attorney Johnson guides you through the initial 48 hours when critical decisions about statements, evidence, and legal strategy determine your case trajectory. We immediately begin investigating your arrest, requesting police reports and dash cam footage, and identifying defense strategies before evidence disappears or witness memories fade.
Can I get a DUI dismissed in Washington State?
Yes, DUI charges can be dismissed when Attorney Johnson identifies constitutional violations like illegal stops, procedural errors including improper breath test administration, faulty equipment calibration, broken chain of custody for blood tests, or insufficient evidence to prove impairment beyond reasonable doubt.
Washington DUI cases involve complex scientific evidence and strict procedural requirements that police must follow. Officers need reasonable suspicion for the initial traffic stop, probable cause for arrest, and must observe you continuously for 15 minutes before administering breath tests to ensure accuracy. Breath test machines require regular calibration and maintenance following manufacturer specifications, and deviations invalidate results. Blood draws must follow specific medical protocols with documented chain of custody from collection through laboratory analysis. Field sobriety tests must be administered on level surfaces following standardized procedures, and many medical conditions produce false positive results. Attorney Johnson scrutinizes every aspect of your arrest, from the dashboard camera footage to maintenance records for testing equipment, identifying weaknesses that lead to charge dismissals or reductions to lesser offenses like negligent driving.
How does Washington's implied consent law work?
Washington’s implied consent law means anyone driving on state roads automatically consents to chemical testing when arrested for DUI. Refusing breath or blood tests triggers mandatory license revocation for at least one year, separate from criminal penalties, though refusal doesn’t guarantee conviction since prosecutors must prove impairment through alternative evidence.
The implied consent law creates a difficult decision during DUI arrests. While refusing tests eliminates the most direct evidence of intoxication, it also results in longer automatic license suspension and allows prosecutors to tell juries about your refusal as evidence of guilt consciousness. However, without chemical test results, prosecutors must rely entirely on officer observations, field sobriety test performance, and circumstantial evidence like alcohol odor or slurred speech. In some cases, particularly where you performed well on field sobriety tests or had valid reasons for impaired appearance like fatigue or medical conditions, refusing tests makes conviction more difficult. Attorney Johnson analyzes whether test refusal benefits or harms your specific case, and when refusal occurred, we build defense strategies emphasizing lack of scientific evidence while challenging the subjective nature of officer observations and field sobriety test interpretations.
How much does a DUI lawyer cost in Vancouver, WA?
The cost of a DUI lawyer varies depending on the complexity of the case and whether it goes to trial. At the Law Office of Adin Johnson, we provide upfront pricing and offer free consultations so you understand your options before committing to representation.
Legal representation is an investment in your future that prevents consequences costing far more than attorney fees. DUI convictions result in license suspensions requiring ride-sharing or taxis to work, insurance premium increases averaging $10,000 over three years, job loss for positions requiring driving or professional licenses, and ignition interlock device costs exceeding $1,500 annually. Assault convictions create permanent criminal records blocking employment opportunities, professional licensing, housing applications, and educational financial aid. Attorney Johnson provides clear fee structures upfront with no hidden costs, explaining exactly what your investment covers. Flat fees typically include all arraignments, pretrial conferences, motion hearings, trial preparation, and jury trial, ensuring you’re never surprised by additional charges as your case progresses. We also handle related DOL administrative hearings for DUI cases and protective order violations for assault cases as part of comprehensive representation. Payment plans allow you to begin representation immediately while spreading costs over several months, ensuring financial constraints don’t prevent you from obtaining experienced defense counsel. Free initial consultations help you understand your charges, potential defenses, likely outcomes, and costs before making representation decisions. Given the life-altering consequences of DUI and assault convictions, experienced legal representation provides invaluable return on investment through charge reductions, dismissals, or acquittals that preserve your freedom, driving privileges, career prospects, and reputation.
Is assault a felony in Washington?
Assault in Washington can be either a misdemeanor or felony depending on the degree charged. Fourth-degree assault is a gross misdemeanor, while first, second, and third-degree assault are felonies carrying increasingly severe penalties including prison time, permanent criminal records, and loss of civil rights like firearm ownership.
Washington’s assault laws create four classifications based on injury severity, intent, weapon use, and victim identity. Fourth-degree assault, the least serious, involves minor physical harm or offensive touching and is prosecuted as a gross misdemeanor with maximum penalties of 364 days jail and $5,000 fine. Third-degree assault, a class C felony, includes assaults with criminal negligence using deadly weapons or targeting protected classes like transit operators, nurses, or law enforcement. Second-degree assault, a class B felony, involves intentional harm causing substantial bodily injury or reckless conduct under circumstances showing extreme indifference to human life. First-degree assault, a class A felony, represents the most serious classification involving intent to cause great bodily harm with deadly weapons and carries maximum penalties of life in prison. Felony assault convictions create permanent criminal records affecting employment, housing, professional licensing, and eliminate Second Amendment rights. Domestic violence designations, regardless of assault degree, trigger additional consequences including mandatory arrest, no-contact orders preventing you from returning home, and federal firearm prohibitions under the Lautenberg Amendment that apply even to misdemeanor domestic violence convictions.