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Law Office of Mark W. Garka, PLLC
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Law Office of Mark W. Garka, PLLC
Mark W. Garka

16708 Bothell Everett Hwy. Ste. 104
Mill Creek WA 98012
(425) 422-5818

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Law Office of Mark W. Garka, PLLC

Call : 425-422-5818


DON'T LET A DUI ARREST RUIN YOUR LIFE! KNOW YOUR RIGHTS.
GET THE LEGAL COUNSEL YOU NEED.

Have you been arrested for a DUI in Washington State? Make sure your rights are protected and that you get treated fairly by hiring a qualified attorney with experience handling DUI cases in the Western Washington State area.

If you’ve been charged with a DUI, you’re most likely feeling scared and confused right now. Being arrested, taken to jail, fingerprinted, and photographed is a harrowing process. And—on top of that—if you feel like you were treated unfairly, you’re probably also pretty angry.

Driving under the influence is a serious charge that can have extreme consequences in other parts of your life. You could potentially:

  1. Forfeit your license
  2. Pay skyrocketing insurance fees
  3. Be charged excessive fines
  4. Go to jail
  5. Miss out on future job opportunities

Untangling yourself from the fallout of a DUI arrest is complicated. You need a lawyer who can help you figure out your next steps and guide you through them.

Thinking about pleading out by yourself to save a few bucks? You might be surprised to learn that this can be even more expensive. Going it alone can land you in even more trouble than you’re already in—yet unfortunately, people make this mistake all the time. The good news is you don’t have to be one of them.

Don’t risk your freedom and future. Partner with an affordable and experienced Washington State DUI lawyer today!

Keep reading to find out how.

FREE WA DUI - DWI CASE CONSULTATION

Save your license and stay out from behind bars

My name is Mark W. Garka, for years, I’ve been helping DUI defendants protect their rights and ensure fair treatment. The legal system is tricky, but with the right guidance, you’ll begin to understand the full implications of your situation and identify the steps you’ll need to take next.

Did you know there are 20+ ways to challenge the charges you’re currently facing? When you consult with me, I’ll walk you through some of these. If one or more apply, I can help you formally raise the challenge so your case is as strong as possible.

How Can Mark W. Garka Help You?

Couldn't Ask for Better
Mark's internal procedures and knowledge of the local system were top-notch. Going through this new experience (for me), Mark and his staff were excellent in explaining the procedure, expectations and likelihood of the various outcomes. His process for prepping his clients for their court dates helped dramatically.  I don't know how badly the result would have been without his counsel. If you are in need of his services, listen to what he says and follow his recommendations. Be assured that he will be integral in getting you the best outcome possible.

- James, a DUI client

Click Here to Read More!

Plenty of lawyers just fill out forms and talk to the Deputy Prosecuting Attorney. That’s it. But in many cases, your best option is to fight. Those are the cases I gravitate toward, because my practice is built on the belief that you were arrested when you shouldn’t have been—and that’s where I come in.

My goal is simple: to get your record clear. I work hard to absolve you of all charges, prevent you from losing your license, and keep you from serving time.

No lawyer can guarantee they’ll be successful. Each case is unique and depends on many variables. Is the judge assigned to your case harsh or lenient on drunk driving? Does the Deputy Prosecuting Attorney plan on going after you with unusual rigor? There’s just no way of predicting the external factors you might face. Regardless of your situation, I can help. When you work with me, you get a highly skilled lawyer who is fiercely passionate about protecting your rights.

At the very least, I’ll do everything I can to make sure you’re treated fairly.

Get the legal expertise you need. Deputy Prosecuting Attorneys prosecute DUI cases every day. They know all the legal nuances that strengthen their cases. According to the law, the Deputy Prosecuting Attorney only needs to prove that, after drinking, you were not able to safely drive your vehicle, or that your blood alcohol level exceeded a certain limit. On the surface that sounds pretty cut and dry—and probably even a little scary.

But fortunately for you, it’s not quite that simple.

You see, if challenged, the Deputy Prosecuting Attorney will also have to prove several other key things:

  1. The arresting officer followed the letter of the law and arrested you properly
  2. You were lawfully advised of your rights
  3. The equipment used to test your blood alcohol level was in working order
  4. The person who checked your blood alcohol level was certified to perform the test

If the Deputy Prosecuting Attorney has any information that could potentially prove your innocence, he is legally bound to give it to you. An experienced attorney knows this and can get the Deputy Prosecuting Attorney to comply.

That’s where I come in.

Call : 425-422-5818

How Can Mark W. Garka Help You?

Nobody Could Have Done A Better Job With My Case Than Mark Garka

When I met Mark I knew right away that he was going to get the job done. His politeness and professionalism is without a doubt the best I've seen out of the many lawyers I checked out for my dui. When it came down to business he was always ready to get me up to date and tell me what to do next. I had a very unique case and he handled it with perfectionism. I didn't blow when I was charged with my dui and was told that I would automatically lose my license for a year. I don't know what I would've done without Mark. He knew exactly what to do during my dol hearing and nailed it. Somehow I still have my license and will not have to worry about transportation for the next year. I would recommend Mark to anyone who is going thru the dui process for the best advice and get you the deal that you most desire. Now that my dol hearing is done and we won the case, he can get a head start on what to do next for my criminal hearing which should go well and I know will end up with something better than a dui stuck on my record. I can't say how much I appreciate the work he has done for me and I'm sure will continue to do throughout the rest of my case. If you want a top notch lawyer for your dui, then I would not look any further than to call Mark Garka.

Click Here to Read More!

I know how to make the motions your case requires—motions that will force the Deputy Prosecuting Attorney to prove that every step of your arrest followed the law.

When you retain my services for your DUI case, you’ll get expert legal help from an experienced attorney who has guided many defendants through the complexities of the Washington State legal system. To ensure you’re treated fairly, I’ll search for as much information as possible to strengthen your case:

  1. Names, addresses, and recorded statements for everyone the Deputy Prosecuting Attorney plans to call as a witness
  2. Any information the Deputy Prosecuting Attorney has in his/her possession that shows you’re
    innocent or could lighten your sentence
  3. Records demonstrating the blood alcohol equipment used to test you was working 100% properly
  4. Solid proof that you were appropriately advised of your rights

I also talk to the Deputy Prosecuting Attorney before your case goes to court to request the proof that will be presented and let the Deputy Prosecuting Attorney know which parts of the case I plan to contest. Sound strange? There’s actually a good reason for this. When a case is challenged, the Deputy Prosecuting Attorney is forced to invest extra time (which they rarely have, since they juggle many cases at once) to produce stronger evidence and more witnesses.

Free consultation—A $250 Value

After being arrested for a DUI, most people aren’t sure what to do next. Should you contest it? Will you win? And what happens if you don’t? These are the types of questions you’ll get answered during a free consultation session with me.

You’ll learn everything you need to know during an hour ­long in office conference. I’ll give you an analysis of the facts, share my professional opinion, and discuss potential approaches. I’ll also lay out all the options available to you and give you an understanding of how the judicial process works.

Plus, I’ll give you a step-by-step tour through the court system. You’ll learn the difference between:

  • Motor Vehicle Hearings
  • Arraignments
  • Pre­trial Conferences
  • Suppression Hearings
  • Trials
  • Sentencing

You’ll also discover how evidence against you might be invalid. I’ll review the official complaint and determine whether roadside tests or police testimony can be thrown out.

And if you’re hesitant about confiding in me, you can relax. Everything you tell me— during the no cost session or any other time—is completely confidential. And this holds true even if you choose not to retain me.

Call : 425-422-5818

How Can Mark W. Garka Help You?

I am very happy with the results of Mark Garka’s hard work.  He is knowledgeable and experienced in handling his cases, and he is always available for questions or reassurance.  I would highly encourage anyone who needs help to give Mark Garka a call. 

- Marcus W.

Click Here to Read More!

I urge you to take advantage of your free consultation, a $250 value. There’s absolutely no obligation. You’ll never owe any money until you decide—in writing—to proceed.

Let me protect your rights If you decide to retain me as your attorney after your free consultation, I will clearly explain my fees and payment plans. All of my fees are laid out in plain English and are easy to understand, so you’ll never be blindsided by surprise charges. I custom tailor flexible payment plans to meet most every budget.

In summary, here are the benefits you’ll get by contacting me:

  1. A free initial phone conversation: Start putting the pieces back together with a free, no obligation consultation with an experienced DUI attorney.
  2. Personal attention: Get phone calls returned promptly, stay informed, and get authoritative answers to all of your questions.
  3. Reasonable and guaranteed fees: No surprises here! You’ll know in advance exactly how much retaining me will cost. And you don’t pay a dime until you’ve agreed—in writing—to work with me.

To talk to someone who is ready and willing to fight your case, call me today at 425-422-5818 to schedule your free consultation or fill out a Client Case Information Sheet and our office will return your call immediately.

Remember, there’s absolutely no risk on your part. You’ll get all of your questions answered, and learn about the DUI process and judicial system. And if you’re still not convinced that I’m the right person to fight for your exoneration, simply walk away with no obligation.

Whatever you do, it’s essential that you take action fast. When you were arrested, your driving privileges were likely suspended. So it’s important to know that you only have twenty days—from the time of arrest—to make a formal response to your revoked privileges. Waiting too long can cost you! Call me today and I’ll tell you exactly how to handle the issue.

The charges against you are serious and have lifelong implications. Make sure you put your case in capable hands.

Call me today, and I’ll fight to help get your life back on track.

Sincerely,

Law Office of Mark W. Garka, PLLC

16708 Bothell - Everett Highway, Suite 104

Mill Creek, WA  98012

Tel: (425) 422-5818

kirsten@washington-dui.com

www.washington-dui.com

P.S. One final thing in case you’re still undecided: other charges besides the DUI may have been filed against you. If there are other minor complaints (less severe than misdemeanors), I’ll take care of those too—at no extra charge.

Call : 425-422-5818

Attorney Information

Who is Washington State DUI Lawyer Mark W. Garka?

  • He is a Sustaining Member of the National College of DUI Defense.

  • He is qualified to perform Standardized Field Sobriety Tests (SFTS) according to NHTSA standards and to evaluate an officer's opinion as to your sobriety. He is also a member of the National College for DUI Defense (NCDD).

  • He is a member in good standing with the Washington State Bar.

  • He holds a Bachelor of Arts from the University of Washington.

  • He has a law degree (Juris Doctor) from the Seattle University School of Law.

  • He has been helping people save their license and their freedom since 2001.

  • He was a law clerk to the Honorable Larry McKeeman of the Snohomish County Superior Court.

  • He spends over 15 hours per month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense allowing him to be on the cutting edge of DUI defense at all times..

  • He graduated from the Seattle University School of Law in 1997 and was admitted to the Washington State Bar in that same year. Many attorneys must take the bar exam more than one time to pass.

  • He has never been disciplined by the State Bar.

  • He is doggedly independent, and believes in challenging everything for his clients' defense to be successful.

  • As a matter of course, he is ready to fight your case by bombarding the District Attorney with extensive pre-trial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.

  • Clients come from across Washington and from other states to retain his services. He focuses on cases in the Seattle, Everett, and greater Puget Sound area of Western Washington State, including King County, Snohomish County, Skagit, Island, and Whatcom counties.


How Can Mark W. Garka Help You?

Mark made a painful and awkward problem seem manageable. He covered all the bases and made me feel like he TRULY had my back at every turn. He kept me informed every step of the way. He is extremely knowledgeable and shares that volume of knowledge in a way that does not intimidate. His knowledge was exceeded only by his compassion. God forbid you should ever find yourself in the position of needing this type of legal assistance, you simply cannot do better. The man is a superstar and I cannot recommend him highly enough!

- DUI Client

Click Here to Read More!

If having your license and your freedom play a large part in your life, call 425-422-5818 now for your appointment.

Attorney Fees

Washington State DUI Legal Fees - Payment Terms and Policies
Competitively priced flat fees for DUI defense legal services

During your initial free consultation, I'll spell out my fees. I am certainly sympathetic to the fact that the cost of hiring a DUI attorney is an expense that you hadn't  planned on. I'm sure you didn't budget for getting arrested. Therefore, I typically charge for my services at a flat rate. I also offer payment plans if that is something that would help you.

If you find it more convenient, I'll be happy to accept payment with a credit card: MasterCard or VISA. Of course, I'll always accept cash or checks. 

My initial consultation with you is always free, so there is absolutely no risk on your part. You'll have an opportunity to determine just what your rights and options are, so you can make an informed decision about the best person to represent you. 

After we've spoken,  if I haven't convinced you that I am the best person to protect your rights and freedom, then you can simply choose not to hire me. That will be that, and you'll still walk away with some helpful advice from an experienced Washington State DUI Lawyer.

I've seen people try to defend themselves in court, without the benefit of a knowledgeable DUI Lawyer, but it's almost always a mistake. There are significant risks, and the penalties can be quite harsh. Solid legal representation will substantially decrease these risks, and give you peace of mind at a difficult time.

You can discover for yourself how I can help save your license and freedom by calling me at 425-422-5818.

Attorney Mark W. Garka
Seattle/Lynnwood WA DUI Lawyer

How Can Mark W. Garka Help You?

MARK GARKA is the attorney you need. And YES; despite whatever anyone has told you personally or professionally; you do NEED an attorney for many reasons if you want the best possible outcome. My DUI was dismissed and the Department of Licensing dismissed it also. It's VERY important you hire the right attorney. Mark has established excellent professional relationships with other professionals and this is a critical factor in getting positive outcomes. He is extremely skilled; you will always be informed and his staff is excellent.He is also affordable. After interviewing several lawyers I hired MARK GARKA. I highly recommend you do too.

Former Client, Lake Stevens, WA


Hi Mark,

Thank you for your recent letter, and especially thank you for being indispensable in resolving my case.  It would not have happened without your patience, persistence, and compassionate guidance.  Five years later, I am better for it.  Keep up the good work, which at $1K/year, is the best bargain there is.

J. Smith

Click Here to Read More!

DUI Conviction FAQs

Washington State DUI Conviction - Frequently Asked Questions

Here are some answers to the many questions I'm asked about DUI Laws and procedures in Washington State. The categories of questions are as follows:

Arrest DUI Conviction
Arraignment Trial
Court Appearances Attorney
Department of Licensing Specific Attorney
License Issues Misc

Washington State Drunk Driving DUI Conviction - FAQs: 

  1. How can I just make this DUI charge go away?
  2. My blood alcohol limit was below the limit, do I have to worry about a DUI conviction? 
  3. If I am convicted of a DUI, will I have to go to jail? 
  4. I did not drink any alcohol, why am I being charged with a DUI? 
  5. I was charged with physical control, what does that mean? 

How can I just make this DUI charge go away?

You cannot just make your case "go away". Your attorney must aggressively defend you in order to seek the best possible outcome.

My blood alcohol limit was below the limit, do I have to worry about a DUI conviction? 

Even though you are below the .08 presumptive level (for an adult) you still may be prosecuted for DUI/DWI in Washington State.

If I am convicted of a DUI, will I have to go to jail? 

There is a mandatory minimum jail sentence depending on your history and your BAC level, or if you refused to give a BAC sample, Call me at (425) 422-5818 to talk about your potential sentence.

I did not drink any alcohol, why am I being charged with a DUI? 

If you are under the influence of a drug, prescription or otherwise, you may still be charged with a DUI. You can be Arrested for Driving Under the Influence of Drugs in Washington - Even Prescription Drugs.

I was charged with physical control, what does that mean? 

Physical Control is a type of a DUI/DWI. You can be arrested if you are sitting in the driver's seat of your vehicle and you pose a threat to others. There is a defense of being "safely off of the roadway". Contact me for further information.

[more WA DUI FAQs - Trial]

Please call me for your free consultation to discuss any of these questions and how they may apply in your case, or if you have additional questions that I haven't covered.

You Have Been Arrested For DUI in Washington State. Now What?

I will fight to save your Washington State license and freedom!

FREE WA DUI - DWI CASE CONSULTATION
WA DUI DWI Defense offered in: Seattle, Lynnwood, Everett, Mill Creek, Puget Sound, King County, Snohomish County

DUI Arrest FAQs

Washington State DUI Arrest - Frequently Asked Questions (FAQ)

Here are some answers to the many questions I'm asked about DUI Laws and procedures in Washington State. The categories of Frequently Asked Questions are as follows:

Arrest DUI Conviction
Arraignment Trial
Court Appearances Attorney
Department of Licensing Specific Attorney
License Issues Misc

Washington State Drunk Driving Arrest - FAQs:

  1. I wasn't drunk, why was I charged with a DUI? 
  2. I refused to take the road side tests, was that ok? 
  3. I refused to blow into the PBT, was that ok? 
  4. I refused the breath test at the station, was that ok? 
  5. The officer never read me my rights, is that legal? 
  6. How would I have contacted an attorney the night I was arrested? 
  7. Why didn't I receive a ticket or a notice to appear in court the night I was arrested? 
  8. My license was punched the night of my arrest, is it valid? 

I wasn't drunk, why was I charged with a DUI? 

In Washington State, you do not need to be "drunk"; the prosecutor only needs to prove that you were "affected by alcohol". The State will use the officer's testimony regarding his/her observations about your driving and physical observations to try to convict you.

I refused to take the road side tests, was that ok? 

Road side tests are voluntary and you do NOT need to perform these maneuvers. The prosecutor will use these tests against you. As a trained SFST instructor, I would not take the tests if given the opportunity.

I refused to blow into the PBT, was that ok? 

While an officer may try to convince you that refusing the portable breath test device will result in the lose of your driver's license; this is incorrect. You will NOT lose your driver's license if you refuse the portable breath test in Washington State.

I refused the breath test at the station, was that ok? 

That depends. The prosecutor will use the test against you if: 

  • You blew over the legal limit 
  • You blew under the legal limit 
  • You refused to give a sample of your breath 

As you can see - the prosecution will use EVERYTHING against you in court. However, if you refuse, you must remember that the Department of Licensing will attempt to take your driver's license for at least one year, and the State/City will attempt to take your driver's license for at least two years. The decision really requires that you talk to me before you give a sample or refuse a sample while at the station. ASK the officer to talk to ME when you arrive at the police station.

The officer never read me my rights, is that legal? 

That depends. An officer is required to advise you of your Miranda rights before he/she interrogates you. The officer need not advise you of your rights if you are not being interrogated. On the other hand, if you are not free to go and the officer asks you questions, he/she should advise you of your rights.

You should always ask an officer when he/she first addresses you, "Am I under arrest?"

How would I have contacted an attorney the night I was arrested? 

Ask the officer for an attorney. Most officers will place you in contact with an on call attorney, or give you a phone book. Some officers will be helpful. You can keep my number in your wallet (425) 422-5818. I am available for a consultation 24 hours a day, 7 days a week.

Why didn't I receive a ticket or a notice to appear in court the night I was arrested? 

Some officers will not give you a citation for DUI the night you are arrested. They will forward the report to the prosecutor, who will review the information and will charge you. In some jurisdictions, the government may wait 6 months or more before you are summoned into court.

The important thing to note is if your driver's license was punched, you now have a civil action pending against you.

My license was punched the night of my arrest, is it valid? 

If you had a valid driver's license before your arrest, the punch in your license tells us that the Department of Licensing has commenced a civil action against you. Your license is now valid for 60 days following your arrest.

Contact me ASAP at (425) 422-5818 to discuss your civil action. I will advise you exactly when to send in the form that the officer gave you when he/she punched your driver's license.

[more WA DUI FAQs - Arraignment]

Please call me for your free consultation to discuss any of these questions and how they may apply in your case, or if you have additional questions that I haven't covered.

You Have Been Arrested For DUI in Washington State. Now What?

I will fight to save your Washington State license and freedom!

FREE WA DUI - DWI CASE CONSULTATION
WA DUI DWI Defense offered in: Seattle, Lynnwood, Everett, Mill Creek, Puget Sound, King County, Snohomish County

ARRESTED FOR DUI

ARRESTED FOR DUI IN WASHINGTON STATE?
When Lawyers Are Arrested For DUI, What Do They Do?

Quite simply, they hire a lawyer to represent them. Why? Because they don't want to be convicted, and because they know that an attorney focusing on DUI cases knows a heck of a lot more about it than they do.

A DUI is more than a simple appearance in court. At least it is if you don't want to be convicted.

For example, do you know what defenses you can use to win your case? Or why your arrest may not have been legal to begin with? Or when is the best time to approach the prosecuting attorney to get the best deal if you just want to plead guilty and get it over with? Or what you must do to save your license even before your court appearance?

If you don't know the answers to these things, I suggest that you need an attorney who does. If you give me a call at 425-422-5818, I'll be happy to schedule a free consultation.

Sincerely,
Mark Garka
Washington State DUI Attorney


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Staff BIOS

MARK

Mark is a solo-practitioner who limits his practice to DUI Defense.  Mark has a Bachelor of Arts Degree from the University of Washington and a Juris Doctor Degree from Seattle University.  During Law School, he worked in the Juvenile Division for the Snohomish County Prosecuting Attorney’s Office and he also worked in the Corrections Division at the Attorney General’s Office.  After completing his degree, he clerked for a Snohomish County Superior Court Judge and worked 3 years in the Prosecuting Attorney’s Office. 

Mark’s diverse background makes him a well-rounded Attorney.

Mark has lived in Snohomish County for nearly all of his life. When Mark is not working, you can find him walking his dog “Grigio”, reading a book, or finding some new electronic gadget that catches his eye.

If you would like to find out more about Mark, please visit http://www.avvo.com/attorneys/98012-wa-mark-garka-27783.html or click here!

RONI

Roni is Mark’s Administrative Assistant.  She began working for Mark in 2009. Roni has over twenty years experience working in various administrative roles, which includes an Executive Assistant position with her previous employer.

During office hours, Roni answers your call and she will help you resolve your issues.

Off hours, Roni likes to ride motorcycles, spend time with friends and family, and has a true passion for animals.

KIRSTEN

Kirsten is the Office Manager and she has worked for Mark since 2003.  Kirsten has a Bachelor of Science Degree from the University of Washington. She worked 15 years for a biotechnology company before switching careers and working in a law firm. 

Kirsten oversees the day to day operations of the firm and is in charge of billing.  She is always happy to discuss any billing issues with the firm’s clients.

Kirsten enjoys reading, traveling, and walking her dog daily.

License Issues

Washington State DUI License Issues
Frequently Asked Questions (FAQ)

Here are some answers to the many questions I'm asked about DUI Laws and procedures in Washington State. The categories of questions are as follows:

Arrest DUI Conviction
Arraignment Trial
Court Appearances Attorney
Department of Licensing Specific Attorney
License Issues Misc

Washington State Drunk Driving License Issues - FAQs: 

  1. Will I lose my license?
  2. If I lose my license, do I tell my insurance company?
  3. I have a commercial driver's license, how does this arrest affect that license?
  4. I really need a license for my job; can I get a hardship license? If my license is suspended, how do I get to work?
  5. If I apply for an ignition interlock license, do I need to tell my boss that I have been charged with a DUI?
  6. I need my car to drive my family; will I still be able to do that if I lose my license?
  7. I have a license from another state, how is it affected?
  8. How can I keep my license? 
  9. When will I lose my license? 
  10. Can I go to Canada with a DUI charge? What about if I am convicted of a DUI?
  11. Can I leave the United States with a DUI charge? 
  12. Can I drive in other states with a DUI charge? 
  13. I am not a US citizen. Are there risks to my immigration status after a DUI or license revocation?

Will I lose my license?

In addition to the administrative action (see above), you may lose your driver's license if you plead guilty or are convicted of DUI. For more information see my Washington DUI Penalty / Sentencing Chart.

If I lose my license, do I tell my insurance company?

 If you lose your driver's license by either the DOL in the administrative action, or by the court in the criminal action, you may need to tell your insurance company. You will need to get SR-22 insurance.

I have a commercial driver's license, how does this arrest affect that license?

This is a complex area of law, but the short answer is this: Although a driver may lose his/her driver's privilege for 90 days for a DUI in Washington state, a first DUI for a CDL holder driving a personal car results in a one year CDL disqualification. A second DUI for a CDL holder results in permanent CDL disqualification, subject to potential reinstatement after ten years.

I really need a license for my job; can I get a hardship license? If my license is suspended, how do I get to work?

Depending on your circumstances, you may be eligible for an Ignition Interlock License (IIL). If you had a valid Washington State driver's license, and you were convicted of one of the following:

  • DUI: 46.61.502 (alcohol offenses only); or
  • Physical Control: 46.61.504 (alcohol offenses only); or
  • You suffered a loss of administrative license under 46.20.308
    • DUI (alcohol offenses only)
    • Physical Control (alcohol offenses only).

Once you have lost your privilege to drive, you must apply for an Ignition Interlock License, you must obtain proof of financial responsibility (SR 22) and you must have an ignition interlock device installed.

You need not inform your employer of your loss of license unless you drive an employer's vehicle as part of your job. If you need to drive an employer's vehicle, you need to have your employer sign a waiver.

You cannot apply for an IIL if you lost your license due to:

  • Fraud
  • A violation of court-ordered probation
  • Medical or vision reasons
  • Are a habitual traffic offender
  • Your failure to comply with alcohol/drug treatment program
  • Lost your commercial motor driver's license

If I apply for an ignition interlock license, do I need to tell my boss that I have been charged with a DUI?

Either the business owner, employer (supervisor), or some other recognized representative must sign the form.

I need my car to drive my family; will I still be able to do that if I lose my license?

 You may apply for an ORL if you provide continuing care of a dependant.

I have a license from another state, how is it affected?

While you have a license from another jurisdiction, Washington State will create a "pseudo" license for you, and then suspend that license. If you lose your "Washington" privilege to drive, more likely than not, Washington State will notify your home state, and you may be suspended by your home state.

How can I keep my license? 

You must notify the DOL (in the administrative action) no later than 20 days after your arrest, that you wish to have a hearing to challenge your suspension. You may also lose your driver's license on the criminal side, and we must prevail (by obtaining a reduction or a dismissal) in order to keep your driver's license. Also See my keep my WA driver's license page.

When will I lose my license? 

Technically, you have already lost your privilege to drive, and the suspension takes place 60 days, on the administrative action, after the arrest. You must notify the DOL no later than 20 days after your arrest to challenge your suspension.

Can I go to Canada with a DUI charge? What about if I am convicted of a DUI?

You may be inadmissible for admission into Canada with just a charge of DUI - even if no conviction is registered.

If you have a DUI conviction, Canada may refuse non-resident visitors if they have an "indictable" offense. Canada does not use our classifications of misdemeanor or felony. A DUI is an indictable offense. You will be barred admission into Canada if you have been convicted of a DUI.

Canada operates under the premise that persons with criminal records can be rehabilitated and thus no longer inadmissible of the offense. You may be "rehabilitated" after five years from completion of the sentence. DUIs in Washington State have a five year probationary period. This means that you must complete the five year probationary period, and then you must wait another five year period before you can apply for rehabilitation. For more information, check out: http://www.cic.gc.ca/

It may be possible to apply for temporary relief and seek admission into Canada through the Port of Entry, or with a Canadian Consulate. Temporary relief will allow entry if the circumstances justify overcoming the inadmissibility for a short period. For more information check out: http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note3

Can I leave the United States with a DUI charge? 

Unless the court forbids you from leaving Washington State as a condition of your release; you are generally free to travel.

Can I drive in other states with a DUI charge? 

The short answer is this: If you are suspended in Washington State, you are most likely suspended in other states as well.

I am not a US citizen. Are there risks to my immigration status after a DUI or license revocation?

Yes. Driving on a suspended license after a DUI can get you deported. See my DUI Immigration page.

 [more WA DUI FAQs - Conviction]

Please call me for your free consultation to discuss any of these questions and how they may apply in your case, or if you have additional questions that I haven't covered.

You Have Been Arrested For DUI in Washington State. Now What?

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WA DUI DWI Defense offered in: Seattle, Lynnwood, Everett, Mill Creek, Puget Sound, King County, Snohomish County

Testimonials

Couldn't Ask for Better

Mark's internal procedures and knowledge of the local system were top-notch. Going through this new experience (for me), Mark and his staff were excellent in explaining the procedure, expectations and likelihood of the various outcomes. His process for prepping his clients for their court dates helped dramatically.  I don't know how badly the result would have been without his counsel. If you are in need of his services, listen to what he says and follow his recommendations. Be assured that he will be integral in getting you the best outcome possible.

James, a DUI client


MARK GARKA is the attorney you need. And YES; despite whatever anyone has told you personally or professionally; you do NEED an attorney for many reasons if you want the best possible outcome. My DUI was dismissed and the Department of Licensing dismissed it also. It's VERY important you hire the right attorney. Mark has established excellent professional relationships with other professionals and this is a critical factor in getting positive outcomes. He is extremely skilled; you will always be informed and his staff is excellent.He is also affordable. After interviewing several lawyers I hired MARK GARKA. I highly recommend you do too.

Former Client, Lake Stevens, WA


Nobody Could Have Done A Better Job With My Case Than Mark Garka

When I met Mark I knew right away that he was going to get the job done. His politeness and professionalism is without a doubt the best I've seen out of the many lawyers I checked out for my dui. When it came down to business he was always ready to get me up to date and tell me what to do next. I had a very unique case and he handled it with perfectionism. I didn't blow when I was charged with my dui and was told that I would automatically lose my license for a year. I don't know what I would've done without Mark. He knew exactly what to do during my dol hearing and nailed it. Somehow I still have my license and will not have to worry about transportation for the next year. I would recommend Mark to anyone who is going thru the dui process for the best advice and get you the deal that you most desire. Now that my dol hearing is done and we won the case, he can get a head start on what to do next for my criminal hearing which should go well and I know will end up with something better than a dui stuck on my record. I can't say how much I appreciate the work he has done for me and I'm sure will continue to do throughout the rest of my case. If you want a top notch lawyer for your dui, then I would not look any further than to call Mark Garka.


I have known Mark for many years as a co worker and a friend.  I never thought I'd need to hire him to help me with a criminal traffic ticket! Yes, bad stuff happens to good people but there are good people out there to help with the bad stuff, and Mark is one of them.  Mark is a former law clerk, prosecutor, and now a defense attorney. So I knew Mark was the one that could help me out of this insane situation I found myself in. Mark's sense of humor and knowledge helped keep me grounded during the district court litigation. Mark always kept me up to date and told me what to expect. With Mark on the case, my criminal ticket was dismissed and my fine was lowered. I couldn't have done this without Mark. I hope I am never in a situation where I will need him in a criminal defense case, but I am here writing so that if you or someone you know need criminal defense, I recommend Mark and give him the five-star rating.

Criminal Defense Client


Hi Mark,

Thank you for your recent letter, and especially thank you for being indispensable in resolving my case.  It would not have happened without your patience, persistence, and compassionate guidance.  Five years later, I am better for it.  Keep up the good work, which at $1K/year, is the best bargain there is.

J. Smith


Mark, 

I want to thank you for your exemplarity representation of my cases. I was very impressed with your actions and those of your staff and associates.  I believe you did the best you could, and the results were more than satisfying. Most importantly, I felt I was treated with respect, kindness and professionalism. I would and I have recommended you to anyone in need of your superlative services.

R. A.  (Snohomish County)


Mark is very professional, but also very personable. I highly recommend Mark Garka if you are looking for a good DUI attorney. I had never been in any kind of trouble and did some stupid things and made statements to the trooper that didn't help my case. I blew over a 0.15. Needless to say, I thought I was going to have the book thrown at me. Mark got me a "no test" DUI, which carries the same penalties as blowing under a 0.15. There is a huge difference in jail time, suspension of your license and fines. Mark has also been available for questions though out this ordeal (even after it was all over). I made a mistake that I will not make again and I am thankful to Mark for all his help.

KMC


Mark is a very good attorney and he has the resources and network to help you through the process. He will do everything to make the best or possible outcome and I also believe that he did a good job representing my case.

CT - Lynnwood


After interviewing three different attorneys I chose Mark Garka. He struck me as knowledgeable, charismatic and trustworthy - a combination of traits that I did not sense with the other attorneys I interviewed. Given the circumstances of my arrest, I was very surprised andimpressed when Mark informed me of the Prosecuting Attorney's recommendation for my sentencing. Even the judge said "It looks likeyour attorney has worked out a very good deal for you". In the end, my charge was reduced to something much less detrimental than a DUI.

Thank you Mark Garka,
C. B. - Lynwood


This man is not only a great lawyer, but a perfect gentleman as well!  His knowledge of the system, and the great care he took through every phase of what I can only describe as a "great ordeal" for myself, was nothing short of exceptional at the very least for how he handled my matter.

Anonymous


This was my first time having to go through the DUI process so I was very nervous about the whole situation and overwhelmed with the procedures and steps I was about to have to go through. Mark was recommended by a friend and I’m so happy he did. Mark lifted a huge weight off my shoulders. He made me feel very comfortable and I trusted him; he was very organized and stayed on top of things. My DUI case turned out better than I or anyone else thought it would go. Even the judge said that I was getting off pretty good. I would most definitely recommend Mark.

J. L. - Bellingham


Mark was able to mitigate my problems to a NON traffic misdemeanor. He kept me informed and was able to lighten my mood allowing to deal with my underlying problem.

Bill Q.


Mark made a painful and awkward problem seem manageable. He covered all the bases and made me feel like he TRULY had my back at every turn. He kept me informed every step of the way. He is extremely knowledgeable and shares that volume of knowledge in a way that does not intimidate. His knowledge was exceeded only by his compassion. God forbid you should ever find yourself in the position of needing this type of legal assistance, you simply cannot do better. The man is a superstar and I cannot recommend him highly enough!

DUI Client


Thank you so much for all you did for me.  I will never forget what you did and I promise you I have learned my lesson and I am a better person.  Thanks again so very much.  Thank you just does not seem to be enough.

DUI Client


Mark- I just wanted to say thank you for everything you did for me and my case these past few months.  You made the entire process so much smoother and helped me so much with all of my countless questions and I really appreciate it.  You know you won’t be seeing me again but if I know anyone who finds themselves in my situation, you know I will be sending them your way. 

Thanks again,
DUI Client


Dear Mr. Garka, I want to thank you for doing a great job.  You saved me and I really appreciate it a lot.  You are a good man.  Have a great day and keep up the good work.

DUI Client


Mark, your kindness and promptness are greatly appreciated.  My family thanks you for your assistance during our difficult time.

DUI Client


Thank you for everything.  You are truly the best of the best and I will always recommend you.

DUI Client


I am very happy with the results of Mark Garka’s hard work.  He is knowledgeable and experienced in handling his cases, and he is always available for questions or reassurance.  I would highly encourage anyone who needs help to give Mark Garka a call. 

Marcus W.


Mark, Just a quick note to say, “thank you” again for all of your help. Sorry we had to meet under such bad circumstances, but it was truly a pleasure working with you. 

Dan

Case Studies

Case Studies: Examples of Recent Client's Cases
With Positive Results

Mark has represented many hundreds of DUI cases since 2002.  He has fought and argued DUI cases for many Clients in the court system and he has helped Clients retain their driving privileges in Department of Licensing hearings.  Mark limits his practice to DUI defense and he is committed to helping his Clients get their life back to normal.  Mark has had many great results.  Below are just a few of examples of the results he has achieved:


Result #1:  May 2011 Department of Licensing DOL Hearing – A Washington State Patrol Trooper was subpoenaed to the Department of Licensing hearing and he testified at the hearing.  Mark questioned the Trooper about the reason for the stop and the arrest based on the Trooper’s report from the arrest, the Client’s memory of the arrest, and the information gathered from Mark’s Private Investigator. Based upon testimony elicited from the Trooper at the Department of Licensing Hearing and argument from Mark, the Department of Licensing Hearing Officer found no reasonable basis for the arrest.  The Department of Licensing found in Mark’s favor, therefore the Client won the Department of Licensing hearing and did not lose his driver’s license.


Result #2:  April 2011 Snohomish County District Court Case – Mark’s client was arrested for Driving Under The Influence even though his Blood Alcohol level at .07 was under the legal limit. During his arrest, he declined the field sobriety tests.  Despite the low Blood Alcohol Level, the State charged him with a DUI and ask that he serve 30 days in jail because he had a prior DUI charge.  Mark and his Private Investigator determined that the reason for the stop by the State Trooper was questionable.  Mark negotiated further with the State.  The State then offered to dismiss the DUI and recite as a Negligent Driving in the First Degree. The client accepted this offer and he did not lose his license.  He will not need SR22 insurance or need an Ignition Interlock Device installed.


Result #3:  August 2010 King County District Court Case – Mark’s Client was involved in a four car accident on I-5.  The Deputy Prosecuting Attorney refused to negotiate.  Mark filed a Motion to Dismiss.  Mark, his Client, and his Private Investigator appeared on four separate Motion Court dates to argue their case.  Each time the Troopers did not appear.  At the fourth motion appearance, the District Court Judge decided to dismiss the case based upon Mark’s perseverance in an attempt to argue his Client’s case and the Deputy Prosecutor’s failure to provide witnesses.  Finding that there was not reasonable basis to arrest Mark’s Client, the case was DISMISSED.  This was Mark’s Client’s second DUI and the Client was facing 45 days in jail in addition to 90 days Electric Home Monitoring (EHM).  Mark also prevailed in the Department of Licensing hearing; therefore Mark’s Client did not lose her privilege to drive.


Result #4:  July 2010 Snohomish County Municipal Court Case – Mark’s client was arrested for Driving Under The Influence of Marijuana.  The City Prosecutor offered Mark’s client a charge of Negligent Driving in the first degree.  After consulting with Mark, the client declined the City Prosecutor’s offer.  After further negotiations, the City Prosecutor offered to dismiss the Driving Under The Influence of Marijuana and charge the client with Possession of Marijuana.  Possession of Marijuana carries a mandatory 1 day in jail.  Mark discussed with his client the implications of a Possession of Marijuana charge and the client declined this offer as well.  Mark continued to negotiate further with the City Prosecutor.  The City Prosecutor then offered a charge of Attempted Criminal Possession of Marijuana.  The client accepted this offer and no jail time was served by the client.


Result #5:  April 2010 Snohomish County District Court Case – In a DOL hearing, Mark argued that the Officer made an illegal stop when he pulled over his Client.  The Department of Licensing Hearing Officer agreed and dismissed the administrative licensing case.  Mark provided the Deputy Prosecuting Attorney with the information garnered at the DOL hearing and negotiated with the State to issue a traffic infraction and dismiss the DUI.  Despite having a high blood alcohol level, Mark’s client was charged with a traffic infraction and he did not lose his privilege to drive.


Result #6:  March 2010 Snohomish County Municipal Court Case – Mark’s client was confronted by three police officers for allegedly drinking and driving.  The Client was upset with the process.  After Mark’s Client refused to perform the field sobriety tests, he was arrested.  He was then not properly advised of the implied consent warnings. Mark questioned the Police Officers in the Department of Licensing hearing. It was found that the Officers never advised Mark’s Client of the implied consent warnings.  The Hearing Officer dismissed the case.  The City Prosecutor also dismissed the DUI charge based upon this information gleamed in the Department of Licensing Hearing.  Mark’s client did not lose his privilege to drive.


Result #7:  February 2010 Department of Licensing DOL Hearing. - A Municipal DUI emphasis Officer was subpoenaed to the Department of Licensing hearing and he testified at the hearing.  Mark argued that there was no possibility that the Officer’s story was credible and that the case should be dismissed.  The Department of Licensing Hearing Officer found in Mark’s favor, therefore the Client won the Department of Licensing hearing and did not lose his driver’s license.


Result #8:  January 2010 Snohomish County District Court Case – At a motion hearing, Mark argued that neither Washington State Trooper who made contact with his Client had presented enough evidence to conclude that his Client was under the influence of alcohol. The Client had been involved in a major accident, and yet, the Judge dismissed the case.


Result #9:  2009 Lower Kittitas County Case – Mark’s Client was charged with minor in possession of alcohol.  His Client was a student at a University.  Mark negotiated a stipulated order of continuance (SOC).  His Client only had to attend an 8 hour Alcohol Drug Information School class. With Mark’s help, his client had the major requirements of the (SOC) finished prior to going to court. His Client agreed to not possess alcohol in the next two years and then the case will be dismissed.  The Client did not miss any school during this process.


Result #10:  2008 King County Municipal Court Case – Mark’s Client was accused of driving with marijuana in his system.  Mark argued in a motion hearing that lasted nearly six hours that his client did not have any “active” marijuana in his system.  While he did not prevail that day, the City re-evaluated the case and dismissed the case at the next court date.


Result #11:  2007 King County Municipal Court Case – Mark’s Client was pulled over after “weaving” on the roadway. The Client properly stopped in a parking lot and then his car rolled back and struck an officer patrol car. He was then charged with DUI.  Mark convinced the Judge at a motion hearing that the City had no reason to stop the client. The Judge agreed that there was no reason to pull the driver over and then dismissed the case.


Result #12:  2007 Snohomish County Municipal Court Case – In a DOL hearing where two Officers testified, it was determined that there was no valid breath test. The Officers disagreed on which one watched the client during an “observation” period. The Department of Licensing Hearing Officer dismissed the administrative licensing case.  Mark provided the Prosecuting Attorney with the information garnered at the DOL hearing and the City issued a traffic infraction and dismissed the DUI. The Client’s BAC was .24 or three times the legal limit.


Result #13:  2006 Snohomish County Municipal Court Case – During a motion hearing, Mark questioned the Officer extensively about the administration of the Standardized Field Sobriety Tests (SFSTs). The Officer admitted that the Client PASSED all of the tests. The judge, who declared that he was not a big fan of the SFSTs, still found that there was enough evidence to find the Officer had reasonable cause to arrest the driver. Later, in a jury trial, the Officer again admitted in court with the jury present that Mark’s Client PASSED the field sobriety tests.  After the jury deliberated, they found the Client NOT GUILTY.


Result #14:  2006 Snohomish County Municipal Court – In a physical control case, City Police Officers drug a Client out of his idling pick-up truck that was parked safely off the road.  Mark persuaded the City Prosecutor to amend the charge to a traffic infraction.  The Client served no jail time and did not lose his license.


Result #15:  2006 Snohomish County District Court Case – Mark convinced the Prosecutor that the breath tests were flawed and the Prosecutor amended the case to a traffic infraction.  Mark’s Client was on a deferred prosecution in another county.  The infraction did not revoke the deferred prosecution.


Mill Creek WA Criminal Defense Attorney

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