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DWLS 3 Charges in Kittitas County Are Often Dismissible. The Trick Is Getting Relicensed First.

Mon, 01 Jun 2026 16:54:25 GMT

DWLS 3 Defense Attorney in Ellensburg & Kittitas County, WA

Driving While License Suspended in the Third Degree, usually written as DWLS 3, is one of the most commonly charged misdemeanors in Kittitas County. It is also one of the most fixable. Many DWLS 3 cases that look bad on paper end in dismissal, but only because the driver took specific steps to get relicensed before the case resolved. If you have been charged with DWLS 3 in Ellensburg or anywhere else in Kittitas County, the work that determines your outcome happens outside the courtroom as much as inside it.

What DWLS 3 Is and How It Is Different From DWLS 1 and DWLS 2

Washington divides driving while license suspended into three degrees. The differences matter because the consequences are very different.

DWLS in the First Degree is the most serious. It applies when a person is classified as a habitual traffic offender or when the underlying suspension is for very serious reasons. It is a gross misdemeanor and carries mandatory jail time on conviction.

DWLS in the Second Degree applies when the person is not eligible to have the license reinstated at the time of driving. It is also a gross misdemeanor and exposes the driver to a maximum of nearly a year in jail.

DWLS in the Third Degree is the one most people see. It applies when the person is eligible to be relicensed, they just have not done it yet. The suspension might be from unpaid traffic tickets, a missed court date that triggered a Failure to Appear hold, an unpaid fine, or a procedural problem like lapsed insurance documentation. DWLS 3 is a simple misdemeanor and does not carry mandatory jail time.

The category your charge falls into is determined by what the Department of Licensing's records show at the time of the stop. An attorney can request that record and confirm the degree is charged correctly. Sometimes a DWLS 2 case gets dropped to a DWLS 3 once the underlying records are clarified.

Why Relicensing Is the Whole Strategy

The reason DWLS 3 cases are so often dismissible is that the prosecutor's interest is usually in getting people back on the road legally. Prosecutors in Kittitas County are familiar with this pattern. If a defendant walks into court at the next hearing with a valid driver's license in hand, the case is much more likely to resolve favorably than if they show up still suspended.

Some prosecutors will offer to amend a DWLS 3 to a non-criminal infraction in exchange for proof of relicensing. Others will agree to a continuance and outright dismissal if the driver maintains a valid license through the dismissal date. Either outcome is better than a criminal conviction, and either requires you to actually do the work of relicensing.

What Relicensing Actually Involves

Getting relicensed is the part most people underestimate. It is rarely just one form. Depending on why the license was suspended, you may need to do several of the following:

Pay outstanding fines or reinstatement fees. The DOL charges a reinstatement fee on top of whatever you owe to the court that originally suspended you. If multiple courts triggered separate suspensions, each one has to be cleared.

Clear Failure to Appear or Failure to Pay holds. If you missed a court date in any Washington court, that court has to lift the hold before DOL will issue a license. Often this means appearing on a walk-in calendar in the original court, or having an attorney file a motion to quash the warrant or recall the hold.

Resolve DUI alcohol or drug requirements. If a prior DUI is part of why the license was suspended, you may need to complete an alcohol or drug evaluation, file an SR-22 certificate of insurance, and complete an ignition interlock period before DOL will reinstate.

Coordinate with another state. If you have an out-of-state suspension or an out-of-state license, the holds have to be cleared in that state before Washington DOL will issue. This is the slowest part of the process and the most commonly overlooked. People assume Washington can fix it. Washington cannot. The other state has to act first.

Provide proof of insurance. If your suspension involved lapsed insurance, the SR-22 has to be filed by your insurance carrier directly to DOL.

An attorney who handles these cases regularly can map the specific path for you, identify what is going to be slow, and help you sequence the steps so that you have a valid license in hand by your next court date.

Why the Local Court Matters

DWLS 3 cases in Kittitas County are heard in Kittitas County District Court in Ellensburg or in Ellensburg Municipal Court depending on where the stop occurred. Cle Elum has its own municipal court for stops in city limits. Each court has its own pace, its own prosecutor, and its own informal practice on how relicensing-conditional dismissals are handled.

What works in one Washington county does not always work the same way in Kittitas County. A defense attorney who appears in these courts every week is going to know which prosecutors prefer amendments to infractions, which prefer outright dismissals after the license is back, and which judges expect to see real documentation rather than verbal assurances.

What to Do Now

If you were charged with DWLS 3 in Kittitas County, the most useful first call is to a defense attorney who can pull your driving record, identify every active hold on your license, and lay out the relicensing path before your first court date. The earlier you start, the more time you have to clear the holds and walk into court with a valid license.

Tony Swartz handles criminal defense and traffic offenses in Kittitas County and Yakima County and has worked on thousands of misdemeanor cases including DWLS 3, hold quashes, and relicensing coordination. His Ellensburg office is at 422 N Pine Street.

Talk Through Your Case

Call Tony Swartz at (509) 293-7593 for a free consultation. The earlier you get the relicensing process moving, the better the result.

All cases are different. Hire an attorney to discuss your specific case details.

You Have 7 Days After a Yakima DUI Arrest to Request a DOL Hearing. Most People Miss It.

Mon, 01 Jun 2026 16:34:28 GMT

Yakima DUI DOL Hearing Lawyer: The 7-Day Deadline Explained

If you were arrested for DUI in Yakima County, the clock is already running. Washington's Department of Licensing gives you exactly 7 days from the date of your arrest to request an administrative hearing. If you do not request that hearing in time, your license will be suspended automatically, no matter what happens later in your criminal case. The hearing deadline is one of the most common things people miss before they even call an attorney, and once it is gone, it is gone.

This post explains what the DOL hearing is, why the 7-day window matters, what changes if you miss it, and what you should be doing right now if you have been arrested.

What the DOL Hearing Actually Is

There are two completely separate legal processes that follow a DUI arrest in Washington. People often confuse them.

The first is the criminal case, filed in Yakima County District Court or in a municipal court depending on where the stop happened. That case can take months. It involves arraignment, motions, possible plea negotiations, and a trial date if the case does not resolve sooner.

The second is the administrative case with the Washington Department of Licensing. This is not a criminal proceeding. It does not happen in a courthouse. It is handled by the DOL in Olympia, usually by phone or video, and it has its own deadlines, its own rules of evidence, and its own consequences. Specifically, the DOL is deciding whether to suspend your driver's license based on the breath or blood test result, or based on a refusal.

The DOL hearing is your one chance to fight the license suspension on the administrative side. If you do not request it within 7 days of your arrest, you waive the right and your license gets suspended automatically.

Why the Deadline Used to Be 20 Days and What Changed

For years, Washington gave drivers 20 days to request a DOL hearing. That number is still floating around online, on older attorney websites, and in outdated pamphlets. Do not rely on it. The legislature shortened the window to 7 days, and the shorter deadline is what controls. If you read that you have 20 days, the source is out of date.

The shorter window is also one of the reasons the deadline gets missed so often. People assume they have a few weeks to figure things out, hire a lawyer, gather paperwork, and then request the hearing. By the time they make that call, the 7 days are gone.

What Happens If You Miss the 7-Day Window

If you do not request the hearing in time, the DOL suspension takes effect on its own schedule, separate from the criminal case. The length of the suspension depends on the test result and whether you have prior DUI offenses, but it can range from 90 days to multiple years. During the suspension period, you may be eligible for an Ignition Interlock License so you can keep driving for work and basic errands, but it requires installing an IID, paying ongoing monitoring fees, and carrying SR-22 insurance.

If you do request the hearing in time and you win, the administrative suspension goes away. The criminal case still has to be resolved on its own, but on the licensing side, you are saved from a suspension unless you plead guilty or get found guilty of a suspendable offense in court.

If you request the hearing and you lose, you are in the same position you would have been in if you missed the deadline. But at least you had your shot, and the hearing process often surfaces issues with the arrest, the breath test, or the officer's report that become useful in the criminal case itself.

What the Hearing Looks Like

The hearing is conducted by a DOL hearing officer, usually by phone or video. The arresting officer is typically not present. The agency relies on written reports and the breath test documentation. You and your attorney have a chance to challenge the lawfulness of the stop, the basis for the arrest, the administration of the breath test, and the chain of custody for any blood test.

A surprising number of hearings are won on technical issues. Officers sometimes fail to read the required implied consent warnings correctly. Breath test machines fall out of calibration. Required documentation does not get submitted in time. None of this guarantees a win, but it is why having an attorney request and prepare for the hearing matters even when the underlying facts look bad.

What You Should Do Right Now

If you have been arrested for DUI in Yakima County and your arrest happened in the last 7 days, the most important call you can make is to a defense attorney who handles DOL hearings. The hearing has to be requested in writing, with a fee paid, and submitted to the correct address. An attorney's office can file the request for you the same day you call.

If your arrest happened more than 7 days ago and you did not request the hearing, the administrative suspension is now either in motion or already in effect if the breath test was longer than 30 days ago. You still have options. An attorney can help you apply for an Restricted License to let you drive during the suspension, navigate the long term SR-22 requirements, and prepare for the criminal case in District or Municipal Court. Tony has also had luck sometimes asking DOL to grant a late hearing request if the circumstances support it, so you may still be able to ask for a hearing.

Why Local Matters

DUIs in Yakima County go through Yakima County District Court or one of the municipal courts in the cities where the stops happened, such as Selah, Union Gap, or Wapato. Each court has its own prosecutor, its own judges, and its own informal conventions about how DUI cases get resolved. An attorney who appears in these courts every week will know the prosecutor's preferences, the judges' tendencies, and the realistic outcomes far better than a Seattle firm advertising statewide. Tony has an office a few blocks from both City and County of Yakima courthouses.

Tony Swartz handles DUI defense in Yakima County and Kittitas County and has worked on more than 1,000 DUI cases through trial. His Yakima office is at 15 N Naches Avenue.

Talk Through Your Case

If you were arrested in the last 7 days, call now. The DOL hearing deadline does not wait. Call Tony Swartz at (509) 293-7593 for a free consultation.

All cases are different. Hire an attorney to discuss your specific case details.

Outstanding Warrant in Yakima? An Attorney Can Help

Wed, 27 May 2026 14:28:42 GMT

What to Do When You Have an Active Warrant in Yakima County

If you have an outstanding arrest warrant in Yakima County, ignoring it will only make things worse. Warrants do not expire, and the longer they remain unresolved, the greater the risk of an unexpected arrest — at a traffic stop, at work, or in front of your family. Attorney Tony Swartz helps clients resolve outstanding warrants in Yakima County courts discreetly and effectively, often without requiring you to spend time in custody.

What Is an Arrest Warrant?

An arrest warrant is a court order authorizing law enforcement to take you into custody. In Washington, warrants are most commonly issued when someone fails to appear for a scheduled court date (commonly called a bench warrant or FTA warrant), fails to pay fines or complete conditions of a sentence, or is accused of a crime and a judge has found probable cause. Once a warrant is active, it is entered into state and national databases and can be discovered any time your information is run by law enforcement.

What Happens If You Are Arrested on a Warrant?

If you are arrested on an outstanding warrant, you will be booked into jail and held until you can appear before a judge. Depending on the underlying charge and your history, you may be held without bail or subject to a high bail amount. This can result in losing your job, missing family obligations, and significant stress. Taking care of the warrant proactively — before law enforcement finds you — almost always leads to a better outcome.

How Tony Swartz Resolves Warrants

Tony Swartz contacts the court and the prosecutor's office on your behalf to arrange a voluntary appearance. In many cases, he can negotiate the terms of your surrender so that you walk in, appear before the judge, and walk out the same day rather than being taken into custody. He also addresses the underlying issue that caused the warrant — whether that is a missed court date, an unpaid fine, or an unresolved charge — and works toward a resolution that protects your record and your freedom.

Common Warrant Situations Tony Handles

Tony regularly handles failure-to-appear warrants for DUI, DWLS, reckless driving, minor in possession, and other misdemeanor and gross misdemeanor charges in Yakima County District Court, Kittitas County District Court, and various municipal courts across the same area.

Do Not Wait — Contact Tony Swartz Today

The sooner you address an outstanding warrant, the more options you have. Tony Swartz offers free consultations and can advise you on the best approach for your specific situation. Call today: (509) 293-7593

DUI Attorney Serving Selah, WA | Law Office of Tony Swartz

Wed, 27 May 2026 14:27:26 GMT

Facing a DUI Near Selah? Tony Swartz Defends Yakima Valley Drivers

If you were arrested for DUI in or around Selah, Washington, you are likely facing serious consequences — fines, license suspension, mandatory alcohol treatment, and potentially jail time. A DUI conviction in Washington State can follow you for years, affecting your job, your insurance rates, and your freedom to drive. Attorney Tony Swartz represents drivers from Selah and throughout Yakima County, and he knows how to fight these charges aggressively.

Selah Drivers Are Charged in Yakima County District Court

Selah is located in Yakima County, which means most DUI arrests made within city limits are prosecuted by the Selah Municipal Court if arrested by a city officer, or if by State Patrol or County the case will likely be in Yakima County District Court. Tony Swartz has years of experience in this court and understands local prosecutors, judges, and procedures. That local knowledge matters when it comes to negotiating plea agreements, challenging evidence, or taking a case to trial.

What Happens After a DUI Arrest in Washington?

After a DUI arrest in Washington, you face two separate processes: a criminal case in court and an administrative license suspension through the Department of Licensing (DOL). You have only 7 days from your arrest to request a DOL hearing to contest the suspension of your license. If you miss this deadline, your license will be automatically suspended. Tony Swartz handles both the criminal defense and the DOL hearing process for his clients.

Washington DUI Penalties

A first-offense DUI in Washington carries a minimum of 24 hours in jail (or 15 days of electronic home monitoring), a minimum fine, 90-day license suspension, and mandatory ignition interlock after reinstatement. Penalties increase for a BAC of .15 or above, with prior convictions, or if there was a minor was in the vehicle. Washington also imposes a 7-year lookback period so any prior DUI within 7 years counts as a prior offense for sentencing purposes.

Can a DUI Charge Be Fought?

Yes. DUI cases are fact-intensive, and the prosecution must prove every element beyond a reasonable doubt. Tony Swartz examines the reason for the initial traffic stop, the officer's administration of field sobriety tests, the calibration and maintenance records of the breath test machine, and whether proper procedures were followed throughout the arrest. A single procedural error can be grounds to suppress evidence or negotiate a reduction in charges. Tony also uses a consultant to review every case for field sobriety test issues, stop issues, and breath test issues - this is no charge to you and different from most local attorneys. Two sets of eyes are always better than one!

Why Choose Tony Swartz for Your Selah DUI Case?

Tony Swartz is a dedicated DUI and criminal defense attorney who focuses his practice on Yakima and Kittitas County cases. He personally handles every DUI case. You will not be handed off to a paralegal or junior associate. He is familiar with the roads, the courts, and the law enforcement agencies that serve the Selah area, and he is committed to getting you the best possible outcome. Call today for a free consultation: (509) 293-7593

Driving While License Suspended (DWLS) Attorney in Yakima, WA

Wed, 27 May 2026 14:25:39 GMT

What Yakima and Kittitas County Drivers Need to Know

If you have been pulled over and the officer ran your license only to tell you it is suspended, you are likely facing a charge of Driving While License Suspended (DWLS). This is one of the most common criminal charges in Washington State, and it can have serious consequences if you do not take it seriously. Tony Swartz, a criminal defense attorney based in Ellensburg, defends drivers across Yakima and Kittitas Counties who are facing DWLS charges.

What Is DWLS in Washington?

Washington law defines three degrees of driving while license suspended. DWLS 1st Degree is the most serious — it carries mandatory minimum jail sentences (in 2026, 10 days for your first conviction, 90 days for your second, and 180 for anything after your second - this doesn't matter if the first was 20 years ago either, as there is no time loopback). DWLS 2nd Degree typically involves a suspension for DUI or child support issues, and it is also a gross misdemeanor with possible jail time. DWLS 3rd Degree is the least serious, usually stemming from a minor administrative suspension like too many traffic tickets, but it still is a misdemeanor with jail possibility and if convicted, it creates a criminal record if not handled properly.

Can a DWLS Charge Be Defended?

Yes. There are several defenses available depending on the circumstances of your case. In some situations, the suspension notice was never properly mailed to your last known address, which is a constitutional requirement. In other cases, the suspension itself may have been invalid or based on incorrect information. Even if valid, we have good success getting prosecutors to dismiss or amend the charge to a non-criminal charge if you can get your license back. Tony Swartz reviews the underlying suspension history and the circumstances of your stop to identify every available defense. We can also help with your relicensing process, as that gets complicated.

DWLS and Your Driving Record

A DWLS conviction — even a third-degree conviction — becomes part of your permanent criminal record. It can affect your ability to get a job, obtain housing, or maintain a professional license. An experienced defense attorney can evaluate whether these options are available in your case before you finalize it.

Tony Swartz Handles DWLS Cases in Yakima and Kittitas Counties

Whether you are facing your first DWLS charge or a more serious repeat offense, Tony Swartz will review your case at no cost and explain your options. He handles cases in Yakima County District Court, Yakima Municipal Court, Upper and Lower Kittitas County District Court, and other courts throughout the Yakima Valley. Call today for a free consultation: (509) 293-7593

Reckless Endangerment of Roadway Worker Not Guilty

Wed, 20 May 2026 17:17:01 GMT

Tony obtained a not guilty verdict on behalf of a client charged with Reckless Endangerment of a Roadway Worker. He was alleged to have been going too fast for conditions in heavy rain, where he then hit a patrol car in a construction zone. Unfortunately, the police did not do much of an investigation and charged him based on assumptions as to speed rather than accident reconstruction or other more reliable methods. Ultimately, the jury agreed that there was not proof beyond a reasonable doubt and the case was dismissed after their not guilty finding.

Every case is different. There is never a guarantee regarding what could or will happen in court on your case. It is important that you hire an attorney to deal with your specific case and the facts surrounding your arrest.

Schedule a free consultation today to speak about your case.

Yakima Criminal Defense Lawyer: Understanding Your Right to a Jury Trial

Wed, 20 May 2026 17:14:13 GMT

Yakima Criminal Defense Lawyer: Understanding Your Right to a Jury Trial

Understanding Your Constitutional Right to a Jury Trial

The 6th Amendment to the Constitution of the United States holds that in all criminal proceedings the accused shall have the right to “an impartial jury of the State and district wherein the crime shall have been committed.”

The right to a jury trial is a way to prevent government oppression by having impartial “peers” decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias. It prevents unchecked power and helps ensure an accused receives justice.

It is important to remember that the role of the juror is to be the trier of fact. The judge's role is to instruct jurors on what the law is in each case, and following those instructions, the jury is to render a verdict based on the evidence presented in court.

The right to a jury trial in the 6th Amendment only applies to criminal matters. The 7th Amendment guarantees the right to a trial by jury in certain federal civil matters, but it does not apply to state courts.

Contacting Law Office of Tony Swartz should be one of your first steps if you have been arrested in Kittitas and/or Yakima County. Call us at 509-293-7593 today.

Benefits & Risks of a Jury Trial in a Criminal Case in Washington

Jury trials, while guaranteed in criminal cases by the Constitution, do not come without advantages and disadvantages. Some of the benefits of a trial by jury include:

Judges are prevented from having complete control over the outcome of a trial. While still in charge of the law that is applied in a case, the judge is no longer the trier of fact.
Having a jury, in certain types of cases, may mean that the odds are in favor of the defendant as there are more chances for a favorable outcome. The only options are not just “guilty” and “not guilty,” as there may be a mistrial instead of jurors can't agree as to a unanimous result.

Disadvantages to a trial by jury include:

Jurors are laymen, not trained in the law, and if the client's best defense is based on a complex legal concept, a jury trial may not be the best option.
Jurors, while in theory are to be impartial, come to the courtroom with their own feelings, thought patterns, and biases. Whatever they hear and see during the trial will be processed based upon their own life experiences and beliefs.
A jury is a group of people that is thrown together, and having a large, varied group come together and pay attention to every critical detail is a difficult task.

How a Criminal Defense Lawyer in Kittitas and/or Yakima County Uses Voir Dire Strategically

Every client of mine has a right to a jury that is fair and impartial. To ensure this right is protected, there is a process known as voir dire which is utilized to screen prospective jurors. An effective criminal defense attorney will know how to use this process to find jurors that may be more sympathetic to their client's situation. A good attorney does this by asking questions of potential jurors which exposes any prejudices or preconceived conclusions they may have.

The defense attorney is not the only counsel allowed to use voir dire to determine who may be on the jury. The prosecution is allowed to do the same to keep the process fair to both parties. The judge also asks the jury panel routine questions such as the jurors' familiarity with the case, with witnesses, or with the topic being discussed in trial.

At Law Office of Tony Swartz, Tony is successful in jury trials with experience in over 70 full jury trials. Learn how he may help you today by scheduling a free consultation either online or by calling 509-293-7593.

What Is ARIDE, and Why It Matters in Your Yakima DUI Case

Wed, 04 Mar 2026 19:05:23 GMT

Most people have heard of field sobriety tests. Fewer have heard of ARIDE. But in DUI cases involving suspected drug impairment, ARIDE training is something defense attorneys pay close attention to, and it can matter significantly to how your case is evaluated and challenged.

What ARIDE Stands For

ARIDE stands for Advanced Roadside Impaired Driving Enforcement. It is a training program developed by the National Highway Traffic Safety Administration (NHTSA) and taught to law enforcement officers as an intermediate step between standard DUI detection training and full Drug Recognition Expert (DRE) certification.

Officers with ARIDE training are taught to recognize signs of impairment from the seven drug categories: central nervous system depressants, central nervous system stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, and cannabis. The training covers physical indicators such as pupil size, pulse rate, muscle tone, and body temperature, as well as behavioral cues observed during the stop.

Why It Matters for Your Defense

When an officer uses their ARIDE training to form the opinion that a driver was impaired by drugs, that opinion becomes part of the prosecution's case. The officer may testify about what they observed and why it indicated impairment. But ARIDE is not the same as DRE certification, and that distinction matters in court.

ARIDE is a two-day course. DRE certification involves more than 72 hours of training, a written examination, and practical evaluations. An ARIDE-trained officer who testifies as if they have expert-level drug impairment knowledge can be challenged on the limits of that training. Defense attorneys familiar with the program know what the curriculum does and does not cover, and where the observations an officer makes may fall outside their actual competency.

In addition, many physical indicators cited as signs of impairment have innocent explanations. Pupil dilation, elevated pulse, and certain eye movements can result from anxiety, medical conditions, caffeine, lack of sleep, or prescription medications. A proper defense examines each indicator individually and asks whether the officer's interpretation was the only reasonable one.

The Bigger Point

Drug-impaired driving cases are more complex than alcohol DUI cases because there is no equivalent to the .08 BAC legal limit. Impairment must be established through officer observations, field tests, and often a blood draw. Each link in that chain can be scrutinized. An attorney who understands ARIDE training, DRE protocols, and how toxicology evidence is developed and challenged is better positioned to protect your rights and present a complete defense.

If your DUI arrest in Yakima or Kittitas County involved allegations of drug impairment, the way that determination was made is worth examining closely.

How Long Does a Misdemeanor Stay on Your Record in Washington?

Wed, 03 Dec 2025 19:03:35 GMT

A misdemeanor conviction in Washington does not automatically disappear after a set number of years. Unlike some states that have automatic expungement timelines, Washington requires you to take action to get a conviction off your record, and the process is called vacation. Until you do that, the conviction stays.

Misdemeanors Stay on Your Record Until Vacated

Washington has no automatic sealing or expungement for misdemeanor convictions. If you were convicted of a misdemeanor, it will show up on background checks indefinitely unless you successfully petition the court to vacate the conviction. This includes employers, landlords, and licensing boards who run criminal history checks.

A charge that was dismissed or resulted in a not guilty verdict is different. Those generally do not appear as convictions, though arrest records may still show up in some databases. The concern here is actual convictions, including cases where you took a deferred sentence and later had the charge dismissed.

Washington's Vacation Process

To vacate a misdemeanor conviction in Washington, you must meet certain eligibility requirements. Generally, you need to have completed all the terms of your sentence, including any probation, fines, and community service. You must also have no new criminal charges or convictions pending. For most misdemeanors, there is a three-year waiting period after completing your sentence before you can petition.

The petition is filed in the court where the original conviction occurred. A judge reviews it, and the prosecution has an opportunity to object. If granted, the conviction is removed from your criminal record, and you can legally say you have not been convicted of that offense in most contexts.

What Vacation Actually Does

Vacation of a conviction in Washington withdraws the guilty plea or verdict and dismisses the charges. For most purposes, including employment applications and housing, you can answer no when asked whether you have been convicted. However, vacation is not total erasure. Certain agencies, including law enforcement and some licensing boards, can still see the vacated record. It also cannot be used if you are later charged with a new crime, where prior criminal history may still be considered.

The practical impact is significant for most people. Getting a misdemeanor vacated can open doors to jobs, housing, and professional licenses that the conviction was blocking.

Why DUI Is Different

Washington law specifically prohibits vacating DUI and physical control convictions. No matter how much time has passed or how clean your record has been since, a DUI conviction in Washington cannot be vacated under current law. This makes fighting the original charge the most important opportunity you have. A conviction that sticks is a conviction that stays.

If you are facing a DUI charge in Kittitas or Yakima County, the permanence of a conviction is one more reason to take the case seriously from the beginning and get experienced legal help before accepting any outcome.

Criminal Case Flow Chart

Fri, 16 May 2025 23:38:51 GMT

Criminal Case Flow Chart

Clients typically ask how court works. I created this flow chart to show you how I expect a typical criminal charge will make its way through the court system, be it in Kittitas County or Yakima County. This is based on my experience working on an approximated 10,000 criminal cases within our Washington State court system. Every case is different, so this is just a model. Your case might be able to skip certain steps, or we might build extra steps in...it all depends on your case.

It is also important to note that DUI cases contain multiple extra steps regarding your Department of Licensing hearing process. That process is called an "administrative" process, so it is not done directly through the criminal court. It is instead handled in its own arena (and therefore, I did not include it here).

Moving versus Non-Moving Traffic Infraction Violations

Fri, 16 May 2025 23:37:42 GMT

Moving versus Non-Moving Traffic Infraction Violations

Tony represents people charged with Washington State traffic infractions such as speeding, expired license tabs, and other offenses cited in Kittitas County or Yakima County. One of the questions that frequently arises is whether an offense is considered a moving violation for insurance purposes .

Non-moving violations are usually infractions like parking tickets, camera speed tickets, equipment violations (headlights, tail light infractions, etc.) or insurance/license/registration paperwork violations. A non-moving violation will still appear on your driver's record, and your insurance agency would see it if it is on your record. The big difference in Washington State, compared to other states, is we do NOT use a points system for our violations. If you can get a non-moving violation instead of a moving violation, you are in a better position.

Washington State defines a moving violation in WAC 308-104-160. If the violation is NOT listed in WAC 308-104-160, it is therefore a non-moving violation.

Driving while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502;
Physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.504;
Vehicular homicide, as defined by RCW 46.61.520;
Vehicular assault, as defined by RCW 46.61.522;
Reckless driving, as defined by RCW 46.61.500;
Racing, as defined by RCW 46.61.530;
Embracing, as defined by RCW 46.61.665;
Hit and run (injury, death, striking the body of a deceased person, or occupied vehicle), as defined by RCW 46.52.020;
Attempting to elude a police vehicle, as defined by RCW 46.61.024;
Driving while driving privilege suspended or revoked, as defined by RCW 46.20.342, 46.20.345, or 46.20.394;
Reckless endangerment of roadway workers, as defined in RCW 46.61.527;
Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, as defined in RCW 46.61.503;
Driving or in physical control of commercial motor vehicle while having alcohol in system, as defined in RCW 46.25.110;
Open container violation (driver), as defined by RCW 46.61.519;
Negligent driving in the first degree, as defined by RCW 46.61.5249;
Negligent driving in the second degree, as defined by RCW 46.61.525 or 46.61.526;
Hit and run (unattended vehicle or property), as defined by RCW 46.52.010;
Disobey road sign, as defined by RCW 46.61.050, 46.61.070, or 46.61.450;
Disobey signalman, officer, or firefighter, as defined by RCW 46.61.015, 46.61.020, 46.61.021, or 46.61.022;
Disobey school patrol, as defined by RCW 46.61.385;
Speed too fast for conditions, as defined by RCW 46.61.400;
Speed in excess of maximum limit, as defined by RCW 46.61.400 or 46.61.460;
Speeding in a school zone , as defined by RCW 46.61.440;
Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;
Failure to yield right of way, as defined by RCW 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.235, 46.61.245, 46.61.261, 46.61.300, or 46.61.427;
Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;
Wrong way on a one-way street or rotary traffic island, as defined by RCW 46.61.135;
Improper lane change or travel, as defined by RCW 46.61.140;
Straddling or driving over centerline, as defined by RCW 46.61.140;
Driving on the wrong side of the road, as defined by RCW 46.61.150;
Crossing divider, as defined by RCW 46.61.150;
Improper entrance to or exit from freeway, as defined by RCW 46.61.155;
Violating restrictions on a limited access highway while driving a motor vehicle, as defined by RCW 46.61.160;
High occupancy vehicle lane violation, as defined by RCW 46.61.165;
Improper overtaking or passing, as defined by RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, or 46.61.428;
Passing stopped school bus, as defined by RCW 46.61.370;
Passing stopped private carrier bus, as defined by RCW 46.61.375;
Following too closely, as defined by RCW 46.61.145;
Following fire apparatus, as defined by RCW 46.61.635;
Crossing fire hose, as defined by RCW 46.61.640;
Driving on sidewalk, as defined by RCW 46.61.606;
Driving through safety zone, as defined by RCW 46.61.260;
Driving with wheels off roadway, as defined by RCW 46.61.670;
Impeding traffic, as defined by RCW 46.61.100, 46.61.425, or 46.20.427;
Improper turn, as defined by RCW 46.61.290;
Prohibited turn, as defined by RCW 46.61.295;
Failure to signal or improper signal, as defined by RCW 46.61.305, 46.61.310, or 46.61.315;
Improper backing, as defined by RCW 46.61.605;
Unlawful operation of motorcycle on roadway, as defined by RCW 46.61.608, 46.61.612, or 46.61.614;
Reckless endangerment, as defined by RCW 9A.36.050;
Failure to maintain control, as defined by RCW 46.61.445;
Violation of license restriction(s), as defined by RCW 46.20.041 or 46.20.740;
Violation of instruction permit restrictions, as defined by RCW 46.20.055;
Violation of out-of-service order, as defined by RCW 46.25.090;
Obstructed vision or control, as defined by RCW 46.61.615;
Carrying persons or animals outside of vehicle, as defined by RCW 46.61.660;
Carrying passenger in towed vehicle, as defined by RCW 46.61.625;
Coasting on downgrade, as defined by RCW 46.61.630;
Violation of child restraint requirements, as defined by RCW 46.61.687;
Carrying child under the age of five years old on motorcycle, as defined by RCW 46.37.530;
Carrying passenger improperly on motorcycle, as defined by RCW 46.61.610;
No helmet, goggles, mirrors, windshield or face shield, as defined by RCW 46.37.530;
Operating moped on freeway or sidewalk, as defined by RCW 46.61.710;
Driving without lights, as defined by RCW 46.37.020;
Failure to dim lights, as defined by RCW 46.37.230;
Operating motorcycle without lights, as defined by RCW 46.37.522;
No lamp, reflector, or flag on extended load, as defined by RCW 46.37.140;
Wearing earphones or viewing television in vehicle, as defined by RCW 46.37.480;
Failure to secure load, as defined by RCW 46.37.490;
Spilling load, as defined by RCW 46.61.655; and;
Improper towing, as defined by RCW 46.44.070.

Cited with an infraction? Get your free consult with me now.

When can my Washington Commercial Driver's License (CDL) be suspended, revoked, cancelled, or otherwise affected by a Driving Under the Influence (DUI)?

Fri, 16 May 2025 23:36:44 GMT

When can my Washington Commercial Driver's License (CDL) be suspended, revoked, cancelled, or otherwise affected by a Driving Under the Influence (DUI)?

Clients typically wonder what will happen to their CDL when they get charged with a DUI , even if the Driving Under the Influence case occurred when they were driving a personal car (in other words, they were NOT driving a commercial vehicle). Department of Licensing takes a two-step approach in attempt to revoke your commercial drivers license after you get charged with a DUI.

The following, as of 5/20/20, are possible reasons your CDL could be affected:

If your Washington driver license is suspended, revoked, canceled, or surrendered for any reason. This is very important, as you will almost always have the potential of your personal driver license being impacted after receiving a DUI.
Conviction in court for driving a motor vehicle under the influence of alcohol or drugs
Deferred prosecution (DUI conviction)
Driving a commercial motor vehicle with a blood alcohol content of 0.04 or more
Refusing to submit to a breath or blood test while driving any motor vehicle
Leaving the scene of an accident involving a motor vehicle
Using any motor vehicle in the commission of a felony
Driving a commercial motor vehicle with a suspended, revoked, canceled, or disqualified CDL
Causing a fatality through the negligent operation of a commercial motor vehicle (including but not limited to vehicular homicide or assault)
Committing 2 or more of the violations listed above, in separate incidents
Testing positive on the Department of Transportation test for drugs or alcohol
Driving a commercial vehicle while under an out-of-service order
Committing railroad-crossing violations while operating a commercial motor vehicle
Being reported as an imminent hazard by the Federal Motor Carrier Safety Administration
Committing 2 or more serious traffic offenses within 3 years, in separate incidents
Using any motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance

You need to make sure to update your mailing address with Department of Licensing immediately. They will send you notifications about your license via mail. License Express is an easy way to do that at https://www.dol.wa.gov/licenseexpress.html .

Even if you contest your CDL revocation after you are charged with a DUI, you still need to worry about the resolution of the case (e.g., a conviction for one of the above) also impacting your CDL. It is important to hire an attorney to assist you with this entire process, as it gets complicated very quickly.

How do I expunge my Kittitas County conviction?

Fri, 16 May 2025 23:35:16 GMT

How do I expunge my Kittitas County conviction?

If you were convicted of a crime, misdemeanor or felony, in Kittitas County, you may be at the point where you want to remove or delete that conviction from your record. Most people call me to ask for an expungement. Washington law is a bit complicated in its terminology for this area.

It is really important that you consult a lawyer for your specific situation. These laws change often and this article may not be accurate for your situation. Give my office a call for assistance, as I frequently help clients with this area of the law.

Do you need to expunge or vacate your old conviction?

If you were convicted of a charge by guilty plea or trial verdict , you are looking to vacate your conviction. It is the same idea as what most people commonly call an expungement - the conviction is removed from your record and you don't need to say you've been convicted on things like job applications or housing applications.

If you were charged with something but the case did not result in a guilty conviction , then you are trying to expunge your record. This means you are asking the Washington State Patrol to delete your non-conviction record from their system. Refer to the end of this article for more on expungement, as you probably don't need a lawyer for that request. If you are trying to vacate a conviction, though, call me.

How do I vacate my old Kittitas County felony or misdemeanor conviction?

If you were charged with a felony or charged with a misdemeanor in Ellensburg, you may be eligible to remove that conviction from your record - but you need to wait until after a period of time passes. Washington law is not easy in this regard, as various requirements exist, so it is important to hire a lawyer to help you with this. 2019 laws expanded the vacate rules too, which means most felonies are now eligible.

First, you need to figure out what your waiting period is. For class B felonies, you must wait 10 years from the applicable waiting period date. For class C felonies, you must wait 5 years from the waiting period date. You also cannot have any new convictions in this timeframe. The later date of the following needs to pass before you're eligible:

5/10 years from the date you were released from probation or community supervision;
5/10 years from the date you were released from any confinement like jail or prison; or
5/10 years from the sentencing date (again, whichever is the longest of these timeframes).

For misdemeanors , you can seek to vacate your misdemeanor conviction even if you have another conviction. You just need to wait 3 years for most misdemeanors or 5 years for a domestic violence offense. The big caveat for misdemeanors is you also MUST have your fines/fees paid off with the court. Your timeframe here cannot start until after your final payment, which frequently hangs clients up with misdemeanor vacate requests.

If you are 21 years old or older, a conviction for possession of marijuana can be vacated at any time - in other words, you do not need to wait the 3 year period. For a case that started as a DUI , even if you did not ultimately have a conviction for DUI, you must wait even longer depending on the type of case. These are complicated, so consulting a lawyer is a good idea.

How does the process work to vacate a conviction?

You need to file a motion with the court and the prosecutor. You also need to provide various documentation with your motion. Sometimes, you need to get a certificate of discharge signed by the judge for a felony conviction. This isn't easy to do without a lawyer, so I recommend hiring someone. As I mentioned above, I frequently do these types of cases for clients. Feel free to give me a call for assistance.

After the motion is filed, the prosecutor's office will review the case. They'll run your out-of-state criminal history to make sure you qualify. If they think you qualify, they will sign off on the final order. I can typically present agreed orders to our judges without a hearing, which moves the case along faster.

If a hearing is required, it is noted up with the court clerk. This hearing is where your attorney will explain to the judge why you qualify, why the prosecutor may be wrong in thinking you do not qualify, or to address whatever other issue may be present.

Once the judge signs the order to vacate, the following text appears at the end of the judge's order. This frequently is very emotional for a lot of my clients, as it is quite a big deal:

"For all purposes, including responding to questions on employment applications, the defendant may state that he or she has never been convicted of any offense listed in paragraph 3.1."

It should be noted that an order to vacate does not restore your rights to possess a firearm. This is a totally separate, and similarly complicated, process. I will frequently do both of these at the same time, but your firearm rights are not restored because your conviction is vacated.

Expungement: deleting non-conviction data

If your case was dismissed, dropped, or you were found not guilty, expungement is the route you want to take. The charge could have been dismissed outright or after a stay of proceedings/stay of continuance. You cannot have previous gross misdemeanor or felony convictions on your record, however. You also cannot have any arrests, charges, or convictions between the period of time you are requesting expungement. You cannot apply until 2 years after the court's dismissal or final disposition.

You likely do not need a lawyer for an expungement , as you simply need to fill out this form:
http://www.wsp.wa.gov/wp-content/uploads/2017/12/Request_for_Expungement_Deletion_of_Non-Conviction_Records.pdf

Personal therapy options

Fri, 16 May 2025 23:33:47 GMT

Personal therapy options

Clients sometimes ask for help seeking out therapy for their own personal reasons (even when it is not court ordered or required in their case). My best recommendation is:

LOCAL - Seek out a local therapist. Some people interact much better with therapy in-person rather than online. If you know you are likely to fall into this category, there really isn't a substitute for in-person therapists. The downside is some locations have no availability, or even worse, it becomes clear to you after your first meeting that the available therapist will not be a "good fit" for you. You really need someone who will fit into your personality.
ONLINE - https://www.betterhelp.com/ is a great resource. This is online therapy, but you have such more flexibility in this platform. You can text, call, or video chat with your therapist. Costs average from $60 to $100 a week, it seems. The biggest benefit is they have a ton of therapists available, so if your assigned therapist isn't a good fit, you can just ask for a new one!

More information about the comparison, plus some extra resources, is available from BetterHelp at https://www.betterhelp.com/advice/therapy/can-i-afford-to-see-a-counselor-how-much-does-therapy-cost/ .

Should I request a DOL hearing after my DUI?

Fri, 16 May 2025 23:33:00 GMT

Should I request a DOL hearing after my DUI?

This is a very confusing area of the law. It is IMPERATIVE that you call an attorney right after your DUI happens to discuss your specific scenario because the deadlines are very short here and laws often change. If you make the wrong decision, it is not easy, and maybe near impossible, to reverse your mistake. Call me for a free consultation at 509-293-7593 if you need help in Ellensburg, Cle Elum, or Yakima.

RCW 46.20.308 is the implied consent hearing statute. "Implied consent" is the legal term used for when your license is suspended BEFORE YOU'RE CONVICTED OF ANYTHING because of a DUI. To have your license suspended in Washington, you must give a breath/blood test and the reported number must over the "per se" limit of .08 or 5ng. If that happens, you are facing at least a 90 day license suspension . If you refuse a valid request for the breath test, you are facing at least a 1 year license revocation . These numbers drastically go up if you have had a prior offense that triggered this section, so it's really important to talk to an attorney about your specific scenario.

As you can see in the graph above, the odds are against you in winning a hearing on this issue. It doesn't mean you should not try, though. I typically recommend clients request a hearing using DOL's LicenseExpress portal immediately after they get arrested. The current law (July 2022) requires you make the request within 7 days of arrest in most cases. Doing it online is easiest because you get immediate confirmation that DOL received your request. The last thing you want to do is be arguing about lost USPS mail (while your license is inadvertently suspended).

About 1/2 of the "wins" were because an officer did not show up to the hearing. The other half are related to very technical legal requirements that a layman is unlikely to find on their own. Again, it is really important to use an experienced attorney who is doing DOL hearings. This gives you the best odds at saving your license.

Please feel free to call me to discuss your specific case. This short article is merely informational based on generalities and the law as it existed at the time of the article. You should not rely on it for your own scenario, as statistics can always change and the law certainly WILL change at some point. Call me at 509-293-7593 for a DOL hearing consultation if your DUI was cited in Kittitas County or Yakima County.

Intoxicated Driving FAQ

Fri, 16 May 2025 23:31:11 GMT

Intoxicated Driving FAQ

Wondering what happens in a DUI? Tony published a new intoxicated driving FAQ for Kittitas County and Yakima County. Check it out by clicking this link.

Horizontal Gaze Nystagmus Field Sobriety Test

Fri, 16 May 2025 23:29:51 GMT

Horizontal Gaze Nystagmus Field Sobriety Test

Horizontal Gaze Nystagmus (HGN) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA). It is also a test that police in Kittitas or Yakima County administer frequently during traffic stops when intoxicated driving is suspected. Though NHTSA recognizes the HGN as a valid test, this test is not fool-proof. In fact, it has its disadvantages, which make admitting it as evidence problematic in many cases.

Tony Swartz is a DUI defense lawyer will investigate your case, including the types of and manner in which field sobriety tests like the HGN test were administered. At Law Office of Tony Swartz, Tony uses his skills and resources to ensure you receive the best representation possible. Contact Tony at 509-293-7593 to schedule a free consultation and learn more about how he can help you fight your DUI charge in Kittitas or Yakima County.

What is a Horizontal Gaze Nystagmus Test?

The Horizontal Gaze Nystagmus test is one of three standardized field sobriety tests used by the police in Washington to help determine whether a driver is under the unlawful influence of alcohol or drugs.

How is the HGN Test Performed?

The officer conducting the HGN test should provide clear verbal instructions to the driver. The police officer should tell the driver to stand still, place hands to the side, and keep head still. Then they must be properly instructed to look at a stimulus, like a pen or another object, and follow it with both eyes while the officer moves the stimulus from right to left.

The officer assesses the driver's eyes while moving the object from side to side. HGN tests, however, are very technical in their application. Proper administration involves specific requirements on distance between the stimulus and the driver's nose (12 - 15 inches), timing and length of holds (hold the stimulus for at least 4 seconds at the maximum deviation), and how many times and ways the stimulus is passed back and forth.

The HGN test is meant to measure the involuntary jerking of the eye – known as nystagmus. A driver with a high blood alcohol concentration may exhibit involuntary jerking of an eye as the driver gazes toward the side while following the stimulus.

Three Major Clues of Intoxication

Police look for three major clues while administering the HGN test. Each eye is assessed for these three clues, so there are actually a total of six possible indicators of intoxication. If the officer determines four clues exist, that is supposed to indicate the driver's blood alcohol content (BAC) level is above 0.08 percent.

Clue 1 involves the onset of nystagmus in either eye before 45 degrees.
Clue 2 involves nystagmus in either eye when the eye gazes as far as possible to the right or left – in this case, there is a sustained and distinct jerking.
Clue 3 occurs when the driver is unable to follow the stimulus – known as lack of smooth pursuit.

Each clue requires specific motions or manners in which the stimulus is held or passed. Each clue also requires different timing. For example, the movement of the stimulus to determine the lack of smooth pursuit should be two seconds out and back to each eye while it is four seconds to move the stimulus from eye to the driver's shoulder to determine the onset of nystagmus prior to 45 degrees.

Ways to Challenge the HGN Test in Washington

HGN tests can be challenged effectively by arguing against their reliability (these tests are highly subjective) or proving improper administration of the test (these tests require following strict and specific technical rules). Also, these tests can be challenged based on matters not associated with the test itself, but matters related to the driver or to the environment.

Common Challenges to the HGN Test

Unreliable based on police officer's subjective estimations and preconceived notions
Unreliable based on police officer's failure to administer the test properly
Unreliable based on external factors

Common External Causes of Failed HGN Tests

Bad weather
Administered at night in darkness or during the day with a glaring sun
Bad roads or other environmental issues
Patrol car lights flashing or other lighting issues
Driver's pre-existing health issues or medications, like ear disorders, eye disorders, head injury or brain damage, excessive amounts of caffeine, antihistamines, barbiturates, illness like the flu or vertigo

Keep in mind that there are more than 38 non-alcohol-related causes for nystagmus, and each of these can lead to a failed HGN test.

The HGN test is faulty. Your DUI defense attorney can may be able to highlight these weaknesses and create reasonable doubt in the prosecution's case against you. Tony, as your DUI defense lawyer, will investigate and review the results of your HGN test and challenge it accordingly.

Contact DUI Defense Attorney in Kittitas or Yakima County Today

Field sobriety tests are a way police officers gather probable cause to arrest you for DUI charges. These tests, however, are rarely conducted in accordance with regulations and are faulty given their subjective nature.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who knows how to prepare and challenge field sobriety tests like the HGN test. To learn more about how he can help your DUI case, contact him by filling out the online form or calling the firm at 509-293-7593 to schedule a free consultation.

Understanding DUI Arrests in Washington and the One-Leg Stand Field Sobriety Test

Fri, 16 May 2025 23:28:27 GMT

Understanding DUI Arrests in Washington and the One-Leg Stand Field Sobriety Test

If you have been pulled over by a police officer in Washington, even if for a simple traffic violation, you know it can make you nervous. A nervous state, however, is not your friend if that traffic stop turns into a drunk driving investigation. This is especially true when you are asked to perform a one-leg-stand test (OLS). Being nervous alone could cause you to fail, and failure of field sobriety tests can be the basis for probable cause to take you into police custody.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can explain what you should know about the one-leg-stand test and how a failed test can be challenged. He believes informed clients make better decisions about their DUI cases. Contact Tony today at 509-293-7593 to schedule a free consultation.

What is a One-Leg Stand Test in Kittitas or Yakima County?

The one-leg stand test is a standardized field sobriety test (SFST) used by the police to determine if a driver is operating a vehicle while under the influence of drugs or alcohol. The OLS is one of three SFSTs recognized by the National Highway Traffic Safety Administration (NHTSA). As a standardized test, the results can be used as evidence in Washington DUI cases.

The OLS must be administered in accordance with specific rules. Police are trained on how to administer the OLS during DUI investigations, but that does not mean they properly administer this field sobriety test.

How is the OLS Test Administered?

The one-leg stand test requires the individual to stand on one foot with the other foot elevated approximately six inches from the ground. While maintaining balance, the individual must count aloud until the law enforcement officer orders the individual to stop and put their foot down.

The individual must also keep his or her eyes on the elevated foot while counting and maintaining balance.

As such, the OLS requires the ability to multitask.

How is the OLS Measured?

The one-leg stand test supposedly estimates a person's unlawful intoxication by using clues. There are four clues an officer looks for while you stand with one leg up, counting out loud.

Swaying back and forth or side to side while balancing. The sway should be a minimum of one inch off center. If you cannot maintain your balance, you fail this clue.
Raising arms for balance. You should be able to raise your arms more than six inches from your side. If you cannot maintain your balance, you fail this clue.
Hopping but keeping your balance. You should move the foot you are balancing on off the ground in succession to perform a “hop.” If you cannot maintain your balance, you fail this clue.
Putting a foot down. The officer will note how many times you let your foot drop to the ground while counting and not yet being told to stop. If you drop your elevated foot three or more times within the 30-second period, you may fail this clue.

Supposedly, if you fail two clues, this indicates your blood alcohol content (BAC) level is greater than 0.08 percent. The police can use this in conjunction with another failed SFST or a failed preliminary breath test as probable cause to arrest you.

Challenges to the One-Leg Stand Test in Washington

Although the one-leg stand test is a commonly used field sobriety test, it is fraught with problems, making it unreliable and vulnerable to challenges in court.

Environmental Factors

Environmental factors could distract or otherwise disrupt an OLS in progress. Environmental factors include things like:

Noise made by heavy traffic
Road conditions, like gravel or uneven roads
Weather conditions, like rain, fog, snow, freezing temperatures, etc.
Time of day, like nighttime when it's hard to see due to darkness or an officer's patrol lights or daytime when the sun is glaring in your eyes

These conditions are enough to distract any person, but having to perform an OLS while any of these conditions exist can lead to misguided or inaccurate results.

As your DUI defense attorney in Washington, we will question you about your surroundings while you took the OLS and determine if it may have affected your performance. If so, we will collect the evidence and file a motion to exclude the field sobriety test results.

Health and Medical Conditions

In some cases, a person may have a health or medical condition that makes it hard to perform the OLS test. These health conditions can be physical, mental, or emotional. A person with physical impairments like hearing loss or foot injuries should not perform this test. It is also recommended that people over 65 years of age should not perform this test. As for mental and emotional problems, a common condition is anxiety – anxiety can greatly impact a person's performance to their detriment.

That said, the act of standing on one foot is unnatural. Failure can simply be the result of failing to perform an unnatural task simply.

As your DUI defense attorney, we will inquire into any existing health or medical conditions and evaluate how any conditions may have affected your performance. If we determine a condition could have negatively affected your ability to pass field sobriety tests, we will file a motion to exclude the evidence.

Officer Errors

Police officers make mistakes. OLS and other field sobriety tests should be administered properly. The instructions are strict and very technical. An error on the police officer's part can lead to criminal consequences for you. Errors can include anything from confusing instructions to a failure to keep track of the time.

As your DUI defense attorney in Kittitas or Yakima County, Tony will question you about exactly how the officer administer the test; in most scenarios today, officers are also filmed conducting these tests, so it allows even more input into how the officer administered your test. Remember, too, that officers are often required to wear body cameras. Tony reviews any audio or video of the DUI investigation to determine if the office may have made a mistake.

Contact a DUI Defense Lawyer in Kittitas or Yakima County Today

The one-leg stand test is supposed to help the police determine if a person is unlawfully intoxicated while operating a vehicle. The problem is this: the test may have been flawed and can cause you more harm than it's worth. Retaining a DUI defense attorney in Kittitas or Yakima County is your best means to fight any DUI charges.

Contact the Law Office of Tony Swartz today by filling out Tony's online form or calling 509-293-7593 to schedule a free consultation.

Understanding Yakima DUI Arrests and the Walk and Turn Field Sobriety Test

Fri, 16 May 2025 23:26:57 GMT

Understanding Yakima DUI Arrests and the Walk and Turn Field Sobriety Test

Field sobriety tests are roadside tests police conduct during a traffic stop in Washington to determine if a driver is impaired or unlawfully under the influence of alcohol or another chemical substance. The walk-and-turn test is one of the most commonly used field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) also considers it as one of three standardized field sobriety tests, which can mean the results can be used as evidence against you in DUI cases.

If you had to perform a walk-and-turn test, it is important you understand what it is and how it can be challenged. At Law Office of Tony Swartz, Tony is a DUI defense lawyer in Yakima and Ellensburg and he represents clients in all types of DUI cases. Contact him at 509-293-7593 to schedule a free phone call and to discover how he can help clients defend against DUI charges.

What is a Walk-and-Turn Test?

The walk-and-turn test is a standardized field sobriety test typically used by the police to determine whether a driver is unlawfully under the influence of drugs or alcohol. This test is what's known as a divided attention test: the police get you the shift conscious attention from one task (standing without staggering) and another task (listening to instructions).

Administration of the Walk-and-Turn Test

During the walk-and-turn test, the police are supposed to provide clear and unequivocal instructions and demonstrate the task at hand before you begin the test.

The test itself involves walking in a straight line, heel-to-toe, for approximately nine steps with your arms at your side. Then, at the conclusion of the nine steps, you turn around and walk back to the starting point in the same heel-to-toe manner.

The NHTSA requires certain conditions in order for the test to be performed properly.

A designated straight line
A reasonably dry, hard, level non-slippery surface
Adequate room for nine steps
An option to remove shoes with heels two inches high

Walk-and-Turn Test Clues of Impairment

The purpose of field sobriety tests is to identify clues that indicate you are impaired. The walk-and-turn test incorporates eight clues:

Lack of balance while following instructions
Beginning before instructed to begin
Failing to touch your heel to your toe while walking
Stepping off of the straight line
Stopping while walking
Raising or moving arms to maintain balance
Making an improper turn
Taking more or fewer than nine steps

Missing or failing two or more clues is supposed to indicate that your blood alcohol content (BAC) level is likely over 0.08 percent. However, this field sobriety test, like the others, is flawed and vulnerable to problems that make relying on the results suspect.

Problems with the Walk-and-Turn Test in Washington

The walk-and-turn test is not a reliable way to determine unlawful intoxication. Problems often involve how the test is administered, pre-existing physical or mental conditions, and unsatisfactory environmental conditions.

Police Error

The police make mistakes. They may not provide proper instructions or may interpret the test improperly. For example, an officer may count a person's slow walk as a clue for stopping while walking. Slow walking, however, is specifically identified by the NHTSA as not stopping, but it can be hard to determine what's slow and what's stopping. It all depends on the point of view or interpretation of the officer.

Health Conditions

Research by the NHTSA has shown this test is not suitable for anyone who:

is over the age of 65
has back or leg problems
has middle ear problems

But other health issues, whether physical or mental, can negatively affect a person's performance. Anxiety is a serious health condition. Sufferers of anxiety can experience an anxiety attack from the traffic stop alone, not to mention being asked to perform a divided attention test.

Environmental Conditions

The NHTSA requires a certain environment for this test to be properly performed. Unfortunately, you do not get to choose where you are pulled over for a traffic stop. There is no guarantee the ground will be level and non-slippery or that enough room will be available to safely complete the test.

Further, other environmental conditions can cause distractions and disruptions, like:

loud, heavy traffic
weather conditions (rain, snow, cold, heat)
glaring sun or no sun at all, making it difficult to see

Why These Problems Matter

These problems matter because if you failed the test, it can be used to influence a jury that you were indeed impaired while operating a vehicle. It can also be used to influence you to agree to a plea deal when minus failed field sobriety tests, you could have gotten the charges dismissed (or may not have even been taken into custody in the first place).

Field sobriety tests are used to create probable cause. Probable cause is required for an arrest. When field sobriety tests are unreliable and probable cause is based on them, you suddenly face possible criminal charges that are not necessary. The whole process can be emotionally exhausting, time-consuming, and costly.

Five Ways to Challenge Field Sobriety Test Results in Washington

If you took and failed a field sobriety test, like the walk-and-turn test, you need to challenge the test result by all means possible. These results can be used against you in court. At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can try to challenge the results using different strategies. The strategy used depends on the facts and circumstances.

Did the officer administer the tests improperly or fail to provide adequate instructions? Tony will review any audio or video as well as speak to you and other witnesses.
Did the road, traffic, or weather conditions impact performance? Tony can review videos, photographs, weather reports, traffic reports, and other forms of evidence.
Did your shoes, clothing, or health condition impact performance? Tony will review your clothing and health conditions with you.
Was the officer's subjective assessment flawed? Tony will again review any videos or testimony and consider if this is a valid claim.
Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained as a result of the violation could be suppressed from evidence.

It is always critical to speak to a defense attorney in your jurisdiction to make sure what your rights are and how best to fight any drunk driving charges.

Contact DUI Defense Attorney in Yakima and Ellensburg Today

Walk-and-turn tests are often unreliable and can be challenged. At Law Office of Tony Swartz, Tony is a DUI defense lawyer who will review the circumstances of your DUI event and challenge any questionable results from field sobriety tests, breath tests, or blood tests. When appropriate, Tony will file motions to exclude the results from evidence. Contact Tony Swartz today by filling out the online form or calling at 509-293-7593 to schedule a free phone call.

Yakima and Kittitas County Criminal Defense Lawyer: Understanding Your Right to an Attorney

Fri, 16 May 2025 23:25:24 GMT

Yakima and Kittitas County Criminal Defense Lawyer: Understanding Your Right to an Attorney

We cannot all be experts in the law. That said, if we get in trouble with the law (or even if we are just accused of something that may not have happened), we want someone who knows the law to represent us. Fortunately, the backbone of our legal system is each person's right to an attorney. This right is true regardless of whether you can afford one or not. Of course, it is always best to be able to choose who represents you in a court of law in Washington.

At Law Office of Tony Swartz, Tony represents clients who face criminal charges in Yakima or Ellensburg. He believes his clients make the best decisions for themselves when they are well-informed. Contact Tony at 509-293-7593 to schedule a free consultation - make sure your rights are preserved as you go through the criminal justice system.

Charged with a Crime in Yakima or Ellensburg? You Have a Right to an Attorney

The right to have an attorney when you are accused of a crime is found in the Constitution's 6th Amendment. Specifically, it holds that “in all criminal prosecutions, the accused shall…have the Assistance of Counsel for his defense.” This right does not apply in civil cases. For example, if you want to sue the police for excessive use of force, you can only do so if you hire an attorney, or, alternatively, you can file the paperwork yourself.

In short, when the charges you face have the potential to result in the loss of your freedom, you have the right to an attorney. It does not matter whether or not you actually receive jail time. If imprisonment is even a possibility, then you have the right to a lawyer.

You also have the right to hire an attorney of your choice. However, if you cannot afford an attorney, one will be appointed to you. You are typically not able to choose your court-appointed attorney. It is also hard to qualify for a court-appointed attorney sometimes because judges have strict income guidelines they must follow.

Washington Violations of a Right to a Criminal Defense

The right to criminal defense is fundamental, and when it is erroneously denied, a defendant is afforded recourse. Statements and evidence that are products of this violation are able to be excluded.

Why a Right to a Criminal Defense Attorney in Yakima or Ellensburg is Important

A criminal defendant is facing the possibility of losing their right to freedom. Because of this, a criminal defense attorney is essential to ensure the defendant has somebody that understands the legal system in their corner. A criminal defense attorney often has a positive influence on a client's case. They work hard to prevent their client from being wrongfully convicted or receiving excessive sentences for any crime they are found guilty of. They make certain the constitutional rights of their clients are upheld.

While the court is able to appoint an attorney to represent you if you are unable to afford one, it is almost always best to hire your own attorney whenever possible. A court-appointed attorney may not have the time that your case requires.

To What Standard is a Criminal Defense Attorney Held in Yakima or Ellensburg?

While the 6th amendment does not explicitly hold that a criminal defendant has “effective assistance of counsel,” this is how it has been interpreted by courts, and if a defendant does not receive it, he may be granted a new trial.

In Strickland v. Washington 466 U.S. 668 (1984) , the court held that the proper standard for constitutional assistance of counsel is that the attorney must have provided reasonably effective assistance when considering all the circumstances. A convicted defendant has the burden of proving that counsel's representation fell below an objective standard of reasonableness. Furthermore, in order to obtain relief, such as another trial, a defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the proceeding would have been different.

Going through the criminal justice system can be overwhelming and frightening. At Law Office of Tony Swartz, Tony is here to assist and to make sure your rights and freedoms are protected. Contact him for a free consultation by calling 509-293-7593.

Criminal Defense Lawyer in Kittitas and Yakima County: Understanding Self-Incrimination

Fri, 16 May 2025 23:24:27 GMT

Criminal Defense Lawyer in Kittitas and Yakima County: Understanding Self-Incrimination

Charged with a Crime in Ellensburg or Yakima? Do Not Incriminate Yourself

The 5th Amendment of the Constitution holds that you have the right against self-incrimination. This means that you cannot be forced to answer questions or otherwise provide information about yourself that will likely result in your facing criminal prosecution. It is also this amendment that gives you “the right to remain silent.”

It is possible you have even heard of people invoking this right by “pleading the fifth.” By pleading the 5th Amendment, they have invoked their right against self-incrimination.

The 5th Amendment does not apply to DNA and fingerprint evidence. This type of evidence is considered to be non-testimonial and the right against self-incrimination only applies to communicative evidence.

If you've been arrested in Ellensburg or Yakima, it is important you speak to a defense attorney right away. At Law Office of Tony Swartz, I have successfully represented clients and I can defend your rights, as well. Contact us either online or by calling 509-293-7593.

Why the Right against Self Incrimination is Important in Washington

The right against self-incrimination is a cornerstone of our justice system. There are several reasons for this.

It limits the power of the government. Mere suspicion by the government of someone's guilt is not enough; the government must actually prove their guilt.
No one can be forced to confess (which can happen even when someone is not actually guilty).

The main purpose of the right against self-incrimination is to protect both the innocent and the guilty from being subject to government overreach.

Self-Incrimination Violations

The police are unable to force you to incriminate yourself. It was held in Malloy v. Hogan, 378 US 1 (1966) that “when determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promised or improper influence.” In other words, the right against self-incrimination applies to situations where there is an attempt to force you to give testimony that will likely be used against you in a criminal proceeding. It does not apply when you offer the information voluntarily.

One of the ways your right against self-incrimination may be violated is when the police arrest you but do not read you the Miranda rights. Part of the Miranda rights state that you have the right to remain silent and that if you do speak, anything you say may be used against you in a court of law. Failure to inform you of this right may render any statement you give to police inadmissible if you are subsequently charged with a crime. Also, if the police violate this right by using improper influence on you, it may be grounds to have any evidence obtained by virtue of that violation dismissed.

How Can a Criminal Defense Lawyer in Ellensburg or Yakima Use Self Incrimination Violations?

A constitutional rights violation can be a powerful and effective basis for your defense when you have been charged with a crime. A skilled criminal defense attorney can use this violation to have charges dismissed, confessions tossed, and evidence excluded. This is why you should call Law Office of Tony Swartz today at 509-293-7593 for a free consultation.

Understanding Criminal Procedure and Arraignments in Kittitas or Yakima County

Fri, 16 May 2025 23:23:26 GMT

Understanding Criminal Procedure and Arraignments in Kittitas or Yakima County

When a person is arrested in Kittitas or Yakima County, they have a right to know what their charges are. They also have a right to plead guilty or not guilty. This all happens at the first hearing, otherwise called an arraignment. It can be a particularly nerve-wrecking time for anyone, even those who have been charged with criminal activity previously. Many people without lawyers try to defend themselves or explain their story during an arraignment, which is a horrible idea for many reasons.

Knowing what to expect can help relieve some anxiety. Tony Swartz, a criminal defense attorney based in Ellensburg and Yakima, can inform you of the process and your rights. He believes informed clients make the best decisions for themselves. Contact Tony at 509-293-7593 to schedule a free consultation - he wants to help get the best outcome in your unique situation.

Arraignment Process in Kittitas or Yakima County

An arraignment is your initial appearance in open court. Its purpose is to advise the defendant of their right to know the charges against them, as such, the judge formally reads the charge or charges to a defendant and asks the defendant how they plead.

Timing of the Arraignment

A defendant cannot be held indefinitely without knowing what the charges are against them. They must be allowed to seek release from custody, if possible. An initial appearance, therefore, usually occurs within a reasonable time of the defendant being arrested and charged, even though the precise timing of arraignment varies. Arraigning the defendant at an early stage ensures:

Their case is progressing; and
They are not spending more time in custody than necessary.

Summary of an Arraignment

The specific procedures and rules for arraignment vary among jurisdictions. In addition to reading the charges and taking the defendant's plea, a court may also read out the substance of the charges, confirm that the defendant understands them, and inform the defendant of their relevant constitutional rights, like their right to a court-appointed lawyer.

The judge may also decide on bail and schedule a court hearing on it. Depending on how the person pleads, the judge may also schedule a sentencing hearing, pretrial conference, and/or a trial.

The Right to Waive Arraignment

You also have the right to waive arraignment in some scenarios, though cases like DUIs and domestic violence cases do require a first hearing even if you try to waive it. If you hire an attorney for your Yakima or Ellensburg criminal case, your attorney can generally waive some arraignment hearings to save you the time and expense of going to court.

Arraignment versus Indictment in Kittitas or Yakima County

Sometimes there is confusion regarding an arraignment or an indictment because in both instances, the alleged suspect is informed of charges to be brought against them. An arraignment, however, is different from an indictment. While an arraignment is an opportunity for a defendant to hear the charges against them and enter a plea, an indictment is a legal document formally charging a defendant with a crime and is usually only used in felony cases in certain states - Washington is not one of them, though.

In Washington, a person can be charged by law enforcement authorities via a citation or by a complaint issued by a prosecutor. Once a defendant has been charged, their case proceeds to an arraignment hearing.

To note, in some other states - again, not in Washington, a grand jury must issue an indictment. A grand jury is a group of impartial, randomly selected citizens who hear from the prosecution and witnesses. Then, they decide whether sufficient evidence exists for the defendant to be charged.

Understanding Pleas at an Arraignment in Kittitas or Yakima County

When a judge asks a defendant how they plead to a charge during an arraignment hearing, a defendant can enter a plea of guilty or not guilty.

A guilty plea indicates the defendant accepts the charges and allegations. By entering a guilty plea, the matter will proceed to sentence either immediately after the arraignment or at a later date. Most judges do not allow you to plead guilty at your arraignment for various reasons. It is really not a good idea.
A not-guilty plea indicates the defendant is contesting the allegations and the matter will proceed to the next step, which is usually a preliminary hearing. Pleading not guilty is advised because it offers you the only opportunity you will have to either (1) negotiate a plea deal; or (2) fight the charges against you. Remember: the State or City must prove beyond a reasonable doubt that you are guilty, and that can be a high bar to achieve. As a criminal defense attorney in Ellensburg and Yakima, Tony will fight for you, and if a plea deal is in your best interest, he will make sure the terms favor you and not just the state.

Will I Be Released or Taken into Custody?

The judge decides whether a defendant is released on their own recognizance, is released after granting bail, or is taken into custody.

To be released on your own recognizance , the following two factors must exist:

The charge is less serious; and
You pose no risk to others.

To be released on bail , the judge will consider the following factors:

Whether you have family ties in the area
What your ability and resources are to flee the city, state, or even the country
What danger, if any, you pose to the community
Your criminal record
Any other factor that may be relevant

When released either on your own recognizance or by bail, the judge can set certain terms and conditions of the release. If you violate the conditions, you can be taken into custody.

Some defendants after the arraignment may be immediately taken into custody . This does not automatically mean you will not be released. You are entitled to a bail hearing where you can challenge the judge's decision.

In any of the scenarios, it is always best to have a competent, committed criminal defense representing your interests. At Law Office of Tony Swartz, Tony works as a criminal defense lawyer to effect an outcome best for all our clients. He has the skill, knowledge, and resources to negotiate, strategize, and argue successfully in your defense.

Do You Need a Criminal Defense Lawyer for an Arraignment in Kittitas or Yakima County ?

You're not always legally required to have a lawyer represent you at an arraignment hearing. However, it's at least worthwhile to speak to an attorney before your arraignment so you can obtain advice relevant to your case and the options available to you. Engaging an attorney at this early stage also allows the attorney to start preparing for your case.

That said, it is in your best interests to be represented by an attorney. Going before a judge in open court is stressful. It is at the arraignment that you realize the gravity of what you face. A lawyer by your side will ensure your rights are upheld and advise you on what to say to the judge so that you do not make a bad impression.

Plus, if you seek release, a judge may set harsh conditions for your release. An attorney can counter those conditions and persuade a judge to set different, more favorable terms.

Contact a Criminal Defense Attorney in Ellensburg and Yakima Today

An arraignment can be scary for many people, especially if it is your first time before a judge in open court. All eyes will be on you when the charges against you are read. Not only is a criminal defense attorney a strategic move on your part, it is also a comforting one. Knowing that someone has your interests in mind will help you throughout the course of the arraignment and your criminal case.

Contact Law Office of Tony Swartz today by calling us at 509-293-7593 to schedule a free consultation. Tony is here to help you get through the criminal system as best as possible.

Understanding DUI Arrests in Kittitas County or Yakima County and Ignition Interlock Devices (IID)

Fri, 16 May 2025 23:22:02 GMT

Understanding DUI Arrests in Kittitas County or Yakima County and Ignition Interlock Devices (IID)

Have you been investigated for, charged with, or found guilty of drunk driving in Kittitas County or Yakima County? As a consequence, you may have been ordered to install an ignition interlock device (IID) in your vehicle. This can be the result of either an administrative hearing or criminal conviction related to a DUI incident. IIDs can be useful in one way: they are often required when you want to drive but your license has been suspended. They can also cause you problems. These devices are hard to operate and can produce faulty results that can get you into more trouble.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can inform you of your rights and help you understand your responsibilities while you fight DUI or DUI-related charges. This is especially true if you are required to install an IID to your vehicle. Contact Tony at 509-293-7593 to schedule a free consultation and learn more about your legal options.

What is an Ignition Interlock Device (IID)?

An ignition interlock device (IID) is a small device installed in a vehicle to measure the amount of alcohol in a person's breath. A driver must breathe into the device before driving, and if the IID registers the presence of alcohol over the legal limit, the car will not start. If the IID registers alcohol under the legal limit, the car can be started but with one caveat: a recorded warning is issued.

Everything the device records is reported to either the court or the state's department for motor vehicles (e.g., Department of Licensing) – it depends on who ordered the IID device or who manages the IID program.

Tony recommends clients either work with Intoxalock (877-268-9480) or SmartStart (833-718-2777). If you hire a lawyer, these companies also often give discounts on their services - it's worth asking.

What Information is Recorded and Reported?

For your own information, it is good to know what information is or can be recorded and reported. Typically, reported information is pursuant to each IID program but may include any of the following:

Date and time of each startup or rolling test
Location of the vehicle at the time of each test, if equipped with a GPS
A photo of you at the time of each test, if equipped with a camera
Pass or fail results
BAC reading for each test
Number of lockouts, if any
Indication someone else tried to take the breath test
Any tampering with or removal of the IID
Missed service visits

When are Results Reported?

Results are reported at different times. Generally, results are reported in real-time.

Why Are Ignition Interlock Devices Required in Kittitas County or Yakima County ?

Every jurisdiction has its own rules regarding the installation of ignition interlock devices, but typically IIDs are ordered in any of the following circumstances:

You were investigated for DUI offenses and had an accident, have a prior DUI on your record, or some other reason to make the judge concerned.
Your driver's license was suspended, but you were granted a restricted license with the installation of an IID as a condition, allowing you to drive back and forth to work, school, doctor appointments, or another court-approved location.
You were convicted of DUI and installation of an IID was part of the sentence.

Three Problems Associated with IIDs in Kittitas County or Yakima County

IIDs are sometimes flawed devices. Many complaints exist but here are the top three problems.

False Positives. False positives are a reality with IIDs. Common household products (like mouthwash, hand sanitizer, and cough syrup) and foods (like energy drinks, pickles, and fruits) have been known to cause a false positive.
User Error. Like IIDs, people are flawed too. Some IIDs require drivers to hum while they blow into the device. This can be difficult for some people, causing the device to record a violation that does not exist.
Multiple Drivers. Many people share vehicles with their spouses and other family members, and there is no way to shut down an IID when the vehicle is being used by someone other than the person it is intended to monitor.

These problems are not insignificant. When an issue arises, it can create more legal worries with the criminal court. The state can also revoke the restricted license, meaning you can no longer drive your vehicle to/from work, school, etc.

While all these problems can cause frustration and affect your ability to drive, ignition interlock devices can also be dangerous.

Dangers of Ignition Interlock Devices

What many people fail to realize is that IIDs not only test blood alcohol levels before allowing the car to start but also while the vehicle is in motion. This is known as “rolling testing” and is a common reason for IID criticism.

Drivers are randomly prompted to provide a breath sample while driving. The purpose is to confirm that an unlawful amount of alcohol is not present in their system while operating the vehicle. To submit a breath sample while driving, however, is a big distraction and takes your eyes off the road. The latter creates dangerous situations and leads to accidents.

The only way to stay safe, keep your driver's license, and avoid a criminal record is through a smart DUI defense strategy. There are no guarantees that you will keep your license and avoid a criminal conviction, but retaining a criminal defense lawyer improves your outcome.

Contact a DUI Defense Lawyer in Kittitas County or Yakima County Today

If you have been charged with a drunk driving offense, it is in your best interest to seek counsel from a defense attorney experienced with DUI cases in Kittitas County or Yakima County. Contact Law Office of Tony Swartz by either using the online form or calling at 509-293-7593 for a free consultation.

Probation Violations in Washington and Urine Tests

Fri, 16 May 2025 23:20:36 GMT

Probation Violations in Washington and Urine Tests

Are you on probation for driving while under the influence of alcohol or another chemical substance in Washington? If so, chances are that you may be asked to provide a urine sample. There are many questions about this type of chemical testing.

At Law Office of Tony Swartz, Tony is a DUI defense attorney in Kittitas and Yakima Counties. Here, he will discuss what urine tests are and provide the information you need to understand how this type of chemical test could impact your case. Contact Tony at 509-293-7593 to schedule a free consultation to learn more.

When Are Urine Tests Used in Probation Cases in Washington?

Typically, a urine sample is taken in the presence of a probation officer.

The urine test can detect metabolites within an individual's blood to determine if an individual consumed alcohol or drugs recently. Because urine samples provide less reliable evidence than breath and blood tests, they are rarely used in criminal cases OTHER than probation tests.

In jurisdictions where this test is utilized, such as Kittitas County or Yakima County, they are used both for drunk driving and drugged driving-related offenses where someone was later found guilty and placed on probation. Sometimes these tests may be less reliable; therefore, they could be vulnerable to challenges in the right situation.

Can You Refuse a Urine Test in Washington?

Like breath and blood tests, you may want to refuse to submit to a urine test. But also like breath and blood test refusals, there may be consequences. Most probation officers look at a refusal to provide a urine test in the same way as if you gave a positive one - in other words, even if you think you may be positive, it is tough to decide to refuse given consequences may still come from the refusal. Speaking to a Kittitas and Yakima Counties DUI defense attorney is in your best interest so that you know what your legal options are in any given scenario.

Possible Consequences of Urine Test Refusal

If you refuse a urine sample for whatever reason, you could risk:

jail time
extra probation time
other conditions such as community service, treatment extensions, or anything else the judge thinks is necessary in your scenario

Problems with Urine Tests in Washington

Urine tests are commonly believed to be the most unreliable of the three chemical tests used in the criminal system. The issues could include misidentified substances, testing issues, and more. Also, like breath and blood tests, urine samples and urine tests must be handled and conducted in accordance with lab regulations. Failure to comply with these regulations or any type of tampering or mishandling of the sample can compromise the integrity of the test results.

Contact a DUI Defense Attorney

Urine tests are widely known to have issues. You should not go into court and just admit to your probation violation because you think it is a slam dunk for the probation officer or prosecutor. You might still need to admit the violation, but it is wise to contact a Kittitas County DUI attorney or Yakima County criminal defense attorney before you do so.

At Law Office of Tony Swartz, Tony has looked at many urine tests both as a prosecutor and as a defense attorney. Defenses or explanations are usually helpful in these types of cases. To learn more about how he can defend you, contact Tony by filling out the online form or calling us at 509-293-7593 to schedule a free consultation.

Understanding Miranda Rights in Kittitas County or Yakima County DUI cases

Fri, 16 May 2025 23:19:21 GMT

Understanding Miranda Rights in Kittitas County or Yakima County DUI cases

Imagine a country where police hold all the power, yet citizens have no power. That world, for some, may not be so unimaginable. If you have found yourself on the other side of contact with police officers in Kittitas County or Yakima County, you know you can often experience that there are laws in this country meant to protect you from illegal police questioning. We also know, however, that those laws are often violated.

Whether a violation of your Miranda rights is intentional or accidental, you can often use the violation in your defense. Any good criminal defense lawyer in Washington will identify whether your Miranda rights were violated, and then use that information to build a solid defense. At Law Office of Tony Swartz, Tony takes your constitutional rights seriously. Contact him at 509-293-7593 to schedule a free consultation and to learn more about how to build a strong defense for your DUI case in Ellensburg or Yakima.

What Constitutes Miranda Rights in Washington?

U.S. citizens have certain constitutional rights that protect them when interacting with the police and criminal justice system, and this is true wherever you are in the United States. These rights are known as Miranda rights, which were upheld by the U.S. Supreme Court in Miranda v. Arizona. 384 U.S. 436 (1966) . Many people probably know about them from popular TV shows or action movies but may not know exactly what these rights mean.

Anyone who has been taken into custody and interrogated by the police must first be read their Miranda rights. The reading of your Miranda rights is known as a ‘Miranda warning' because the police are “warning” you of your constitutional:

Right to remain silent, because anything you say can be used against in court
Right to a lawyer, even if you cannot afford the services of a private attorney

These rights, born out of the 5th and 6th Amendments of the U.S. Constitution, are in place to ensure equal protection under the law. Violation of Miranda rights may be reason enough to suppress any incriminating evidence against you so long as that evidence was obtained from the violation. Motions to suppress or motions to exclude evidence flowing from a Miranda Rights violation can be a critical part of your defense. In fact, getting charges dismissed can result from the finding that Miranda rights were violated in Washington.

What Crimes in Washington Require Miranda Warnings?

Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense. These include crimes like:

DUI cases
Physical control cases
Drug crimes
Theft crimes
Domestic violence
Property crimes

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, and these exceptions apply to when police must give Miranda warnings and when evidence can be excluded for Miranda warning violations. Many people misunderstand when Miranda warnings are required because this area of the law is very hard to understand.

Exceptions to When Police Must Give the Miranda Warnings

A few situations exist where the police are not required to read a person the Miranda warnings. These situations include when the officers are:

conducting field sobriety tests
questioning someone for public safety purposes
asking standard booking questions, like your name and address
using an informant to talk to a person while incarcerated
stopping a vehicle for a traffic violation.

Exceptions to When Violations Will Not Result in Exclusion of Evidence

As mentioned, when there's a Miranda warning violation, any evidence obtained from the violation can typically be excluded as evidence. There are, however, a few important exceptions.

Public safety. When the police ask questions for the purpose of public safety and discover any evidence of alleged criminal activity, it can be admitted as evidence against the alleged offender.
Witnesses. When the police question a suspect, albeit unlawfully, and identify a potential witness, that witness may be allowed to testify at trial.
Tangible evidence. When the police question a suspect, albeit unlawfully, and discover tangible evidence, that evidence can often be admitted to court.
Inevitable discovery. When the police question a suspect, albeit unlawfully, and tangible evidence is discovered, that evidence may still be admissible if it would have been discovered without questioning the suspect.

Determining if Miranda Rights Were Violated in Washington

You always have the right against compelled self-incrimination and the right to a criminal lawyer. Miranda requires that people be informed of these rights should they be:

In police custody, and
Subjected to interrogation.

If you were taken into custody and interrogated about criminal activity without being “Mirandized” (read your Miranda rights), any evidence provided during that interrogation may be excluded from court. Knowing what these terms mean can help you understand whether your Miranda rights were violated.

Custody means a reasonable person would think they were in custody if they were in the same situation. If you are held against your will, you likely have been taken into custody. For example, being put into the back of a police car typically means you are in the custody of the police. This is complicated though, because you're not free to leave during field sobriety tests, but Washington law also says police are not required to read Miranda rights to you in this scenario.
Subjected to interrogation means the police ask questions specifically intended to elicit incriminating statements. For example, asking why you did it or where you hid a stolen item are questions that are subjecting you to an interrogation.

One word of caution: your words can still haunt you even if you were able to prove your Miranda rights were violated and, as a result, were able to suppress the evidence flowing from that violation. At trial, incriminating statements can be used to impeach you. This means your statements can be used to show you lied or are not fully telling the truth while on the stand.

Can I Talk to the Police?

It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court.

Why Wasn't I Read My Miranda Rights?

You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest.

The police can ask questions so long as they are not incriminating. Also, there are exceptions. For example, traffic stops are not custodial. The police can pull you over for a traffic stop, and if that leads to a suspicion of intoxicated driving, the police can ask questions without reading your Miranda rights or have you do field sobriety tests without reading rights to you, for example.

Your Miranda rights (and a violation of these rights) depend on the exact circumstances of your encounter with the police. This is exactly why it is important to seek the advice of a criminal defense attorney in Kittitas County or Yakima County.

Contact a Criminal Defense Attorney in Kittitas County or Yakima County Today

When your Miranda rights are violated, your attorney can use that to file motions to suppress evidence or dismiss the case - remember though, it all depends on the facts and circumstances. This can be a critical component of your defense strategy.

At Law Office of Tony Swartz, Tony is an experienced attorney and he knows what to look for. He can file motions to exclude evidence when it's applicable. Contact Tony today at 509-293-7593 or fill out the online form to schedule a free consultation.

Hunting Charge Reduced

Fri, 16 May 2025 23:06:09 GMT

Hunting Charge Reduced

A client was hunting and did not have the proper license. This client's case was able to be reduced to a non-criminal infraction with a fine, thus taking away the possibility of probation, jail, and other sanctions.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

License Revocation Overturned

Fri, 16 May 2025 23:05:23 GMT

License Revocation Overturned

A client was facing a one-year license revocation due to the officer claiming they refused the breath test when asked to do so. Tony was able to convince the hearing examiner that the reason for the breath test was not a refusal, and thus the client was able to keep their license given the hearing result.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Dismissed criminal charges

Fri, 16 May 2025 23:04:02 GMT

Dismissed criminal charges

A client was a passenger in a vehicle. The client was subsequently unconstitutionally questions by the State Trooper and was later cited with criminal charges based on that conversation. The court determined that the contact with the passenger was unlawful and thus the court dismissed the charges.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

Dismissed DUI charge

Fri, 16 May 2025 23:01:07 GMT

Dismissed DUI charge

A client was having a mental health crisis at the time of driving. The Trooper assumed that the mental health symptoms were signs of being drunk and arrested her for DUI even though there was no breath test. The prosecutor's office charged her with a DUI after blood showed medication. Tony was able to show the medication does not have an affect on driving and thus the DUI was dismissed by the prosecutor.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Dismissed DUI charge

Fri, 16 May 2025 22:53:02 GMT

Dismissed DUI charge

A client was stopped by a State Trooper for not having a license plate. They were subsequently arrested for DUI with a high breath test. The car clearly had a license plate, but the prosecutor didn't believe my client and only believed the cop. Through discovering additional evidence on another trooper's dash camera, it was clearly shown that the cop was mistaken. Tony was able to point out this inconsistency and the entire case was ultimately dismissed entirely - including the DUI.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

How to Fight a Speeding Ticket in Washington State

Wed, 14 May 2025 18:04:04 GMT

Most people in Yakima get a speeding ticket, groan, and just pay it. That's understandable, it feels like the path of least resistance. But paying a speeding ticket in Washington is an admission of guilt, and it carries real consequences: points on your driving record, potential insurance increases, and if you get enough of them, a suspended license.

Before you write that check, it's worth knowing your options.

What Happens When You Pay a Ticket

When you pay a traffic infraction in Washington, you're admitting the violation occurred. The infraction goes on your driving record. Your insurance company sees it at renewal time and may raise your rates. For commercial drivers in Yakima County, a moving violation can affect your CDL eligibility and employment.

The ticket doesn't just cost what's printed on it, it costs what your insurance company charges you over the next three to five years.

Your Three Options in Washington

When you receive a traffic infraction in Washington, you have some choices:

Pay it. Admit the violation, pay the fine, take the record hit. Easiest option. Rarely the best one. Call us before you do this.
Mitigation hearing. You admit the violation but ask the court to reduce the fine based on your circumstances. No contest to guilt, you're just explaining yourself. This doesn't keep the infraction off your record. Call us before you do this.
Contested hearing. You deny the infraction and require the prosecution to prove it. This is where actual defense happens. If the officer doesn't show up, the case is often dismissed. If there are issues with the radar or laser equipment, speed measurement can be challenged. If you were ticketed by camera (school zone, red light), there are specific challenges available. Call us before you do this because doing it on your own will be really hard.
Amended charge type. Sometimes an attorney, like us, can work with the prosecutor to move your case to a non-moving violation to save insurance consequences. Prosecutors are hit or miss on doing this based on jurisdiction, but often it is possible. If you don't know if you'll have an attorney yet, marking contested now saves this option for later.
Driving class for dismissal. Yakima County often allows you to complete a driving class to get your case dismissed if you have not used this option in Yakima before . Again, if you don't know if you'll have an attorney yet, marking contested now saves this option for later.

What a Contested Hearing Actually Looks Like

In Yakima County, traffic infraction hearings are heard in district court. The standard of proof is "preponderance of the evidence", lower than criminal cases, but still something the prosecution has to meet. At a contested hearing, you (or an attorney representing you) can cross-examine the officer, challenge the accuracy of the speed measurement device, question whether the officer properly calibrated and used the equipment, and raise procedural issues with how the ticket was issued.

Officers sometimes don't show up. When they don't, the ticket is typically dismissed.

When It Makes Sense to Hire an Attorney for a Ticket

It always makes sense to have a consultation. We'll be honest with you on whether it makes sense to pay us. It definitely makes sense if:

You have a prior infraction within the last few years and another would affect your insurance significantly.
You hold a CDL and the ticket could affect your commercial driving.
The ticket is for a higher speed, 20+ over the limit, for example, which carries steeper penalties.
You received multiple citations from the same stop.

In those situations, the cost of an attorney to fight the ticket is almost always less than the long-term insurance hit and other consequences like mandatory license suspension for having too many tickets.

If you've received a traffic citation in Yakima County and want to know whether it's worth contesting, call for a free consultation: (509) 293-7593.

Tony Swartz is a criminal defense and traffic infraction attorney based in Ellensburg, WA, serving Yakima and Kittitas Counties.

What to Do (and Not Do) After a DUI Stop in Washington

Wed, 09 Apr 2025 17:51:00 GMT

Getting pulled over is stressful under any circumstances. If an officer suspects you've been drinking, the next few minutes can significantly shape what happens to your case. Most people don't know their rights in this situation, and the decisions you make at the roadside matter more than you might think.

Here's a practical breakdown of what to do and what to avoid during and after a DUI stop in Washington.

Stay Calm and Be Polite

This isn't just good advice, it's strategic. Officers are human beings, and how you interact with them affects their report. That report becomes part of your case. Being belligerent, argumentative, or uncooperative doesn't help you; it just gives the officer more to write about.

Pull over promptly, keep your hands visible, and have your license and registration ready. You can be respectful without giving anything away.

You Have the Right to Remain Silent

Beyond identifying yourself (name, license, registration, insurance), you are not legally required to answer questions. "Have you been drinking tonight?" "Where are you coming from?" "How many drinks did you have?"

You don't have to answer any of those. A polite "I'd prefer not to answer questions without my attorney present" is your right. Anything you say will be in the police report and can be used against you. Even statements that seem innocent, "I only had two beers", can hurt you later.

Field Sobriety Tests Are Voluntary in Washington

This surprises a lot of people. In Washington, you are not legally required to perform standardized field sobriety tests (FSTs), the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. You can decline.

That said, declining isn't consequence-free. The officer may note the refusal in their report. But consider the alternative: FSTs are subjective, and you can "fail" them while completely sober due to nerves, footwear, medical conditions, or uneven pavement. In many cases, declining is the smarter move.

The Breath Test Is a Different Story

Once you are lawfully arrested for DUI, Washington's implied consent law kicks in. By driving on Washington roads, you've already consented to a breath or blood test if you're arrested. Refusing after arrest carries automatic consequences: a one-year license suspension, and the refusal itself can be introduced as evidence at trial.

This is different from the portable breath test (PBT) officers sometimes offer roadside before arrest, that one is also voluntary.

Don't Try to "Talk Your Way Out of It"

I've seen clients hurt their own cases by over-explaining. Telling the officer you're tired, that you were just drinking earlier, or that you only had a couple drinks doesn't help. It gives the prosecution ammunition. Stay quiet. Polite silence is not guilt.

After You're Released: Contact an Attorney Immediately

Washington DUI cases move quickly. There are DOL hearing deadlines (you typically have 20 days from arrest to request a hearing to contest your license suspension), court appearance dates, and discovery timelines. The sooner you have an attorney involved, the better positioned you are.

Don't assume a first offense will just go away on its own, or that you should wait to see what happens. Early intervention matters.

If you were arrested for DUI in Yakima or Kittitas County, call my office right away for a free consultation: (509) 293-7593.

Tony Swartz is a DUI defense attorney based in Ellensburg, WA, serving Kittitas and Yakima Counties.

Deferred Prosecution for DUI in Washington: Is It Right for You?

Wed, 19 Mar 2025 17:48:02 GMT

If you've been charged with DUI in Washington, you may have heard the term "deferred prosecution" come up. It sounds appealing: defer the prosecution, avoid a conviction. But deferred prosecution is a serious commitment with significant requirements, and it's not the right option for everyone.

Here's an honest breakdown of what it involves and when it makes sense.

What Is Deferred Prosecution?

Deferred prosecution (DP) is a statutory program under RCW 10.05 that allows a person charged with a misdemeanor, including DUI, to enter a two-year treatment program instead of going to trial. If you successfully complete the program, the charges are dismissed.

It's one of the only ways to avoid a DUI conviction without winning at trial.

What the Program Requires

This is where it gets real. A deferred prosecution is not a light commitment.

You must admit there is sufficient evidence to find you guilty. You're essentially agreeing that the state has the evidence to convict you, even if you'd have a strong defense at trial.
Two years of treatment. This typically involves an intensive outpatient program for alcohol or drug dependency. There's a diagnostic evaluation first to assess the appropriate level of care.
AA or NA attendance. Most DP programs require regular support group attendance throughout.
Five-year probation. Even after treatment ends, you'll be on probation for a total of five years from the date of the order.
Ignition Interlock Device (IID). Required for the duration.
No new offenses. Any new violation, even a minor one, can result in the DP being revoked and you facing sentencing on the original charge.

You Can Only Use It Once OR TWICE in Your Lifetime

This is the part that catches people off guard. Under new 2026 Washington law, you may only use deferred prosecution on your first offense and then again if you successfully completed that first one. For cases that happened prior to 1/1/26, you only got one lifetime option. If you used it prior and get another DUI, that option is gone. That's why it's critical to think carefully about whether this is the right moment to use it, or whether there are better ways to handle the current charge.

When Deferred Prosecution Makes Sense

DP tends to be worth considering when the evidence against you is strong and there are limited viable defenses, when you genuinely want to address an alcohol or substance dependency, when you want to avoid a conviction and the mandatory minimum penalties, or when a conviction would significantly affect your employment, CDL, or professional license.

When It Might Not Be the Right Call

If you have a strong defense, going to trial or negotiating a reduced charge may be a better path. If you're not genuinely committed to the treatment program, revoking a DP is worse than not filing one. And if you've already used your one deferred prosecution, this option isn't available to you.

Talk to an Attorney Before Deciding

The decision to pursue deferred prosecution is one of the more significant choices in a DUI case. It affects your next five years, your criminal record, and your ability to use DP in the future. I discuss this option with clients in detail during consultations and give a straightforward assessment of whether it's right for their situation.

Free consultations for DUI cases in Yakima and Kittitas Counties: (509) 293-7593.

Tony Swartz is a DUI defense attorney based in Ellensburg, WA.

Can a Breathalyzer Be Wrong? Challenging Breath Test Results in Washington

Wed, 12 Feb 2025 17:17:24 GMT

Most people assume a breathalyzer result is ironclad. If the machine says .10, you're guilty. End of story. That's not how it works. Breath test results can and do get challenged in court, and there are legitimate, well-recognized reasons why those results may not accurately reflect your actual blood alcohol content.

Here's what you should know if you've been charged with DUI in Yakima or Kittitas County.

How Breathalyzers Work (and Where They Can Go Wrong)

Breathalyzers measure alcohol in your breath and use that reading to estimate the alcohol in your blood. That word (estimate) matters. The conversion relies on a fixed partition ratio (2100:1), which assumes a standard relationship between breath alcohol and blood alcohol. But that ratio varies from person to person. Some people naturally have a higher ratio, which means the breathalyzer overestimates their BAC.

Beyond the science, there are several practical failure points:

Calibration and maintenance. Washington uses the DataMaster DMT breath testing machine. These machines must be regularly inspected, calibrated, and maintained according to strict protocols. If the machine was out of calibration or hadn't been properly serviced, the results can be challenged.

Operator certification. The officer administering the test must be trained and certified to operate the machine. If they weren't, or if their certification had lapsed, that's a problem for the prosecution.

The 15-minute observation period. Before a breath test, officers are required to observe you for at least 15 minutes to ensure you don't eat, drink, belch, or regurgitate - anything that could introduce mouth alcohol and skew the result. If that observation wasn't done properly, the test result can be questioned.

Medical conditions. GERD, acid reflux, and other gastrointestinal conditions can cause alcohol from the stomach to be present in the mouth and throat, leading to an artificially elevated reading. Dental work, certain diets, and even some medical conditions can affect results.

Environmental factors. Certain chemicals, including paint fumes, cleaning products, and some work-related substances, can register on breath testing equipment.

What About Refusing the Test?

Washington has an implied consent law, which means by driving on Washington roads you've already agreed to submit to a breath test if lawfully arrested for DUI. Refusing comes with immediate consequences: a one-year license suspension and the refusal can be used against you at trial.

That said, a refusal doesn't automatically mean a conviction. And sometimes, with the right defense strategy, a case without a breath test result can actually be harder for prosecutors to prove.

Every Case Is Different

There's no one-size-fits-all answer for how to handle breath test evidence. The value of a good DUI defense attorney is knowing which angles are worth pursuing in your specific case, and fighting hard on the ones that are.

If you were arrested for DUI in Yakima or Kittitas County and there's a breath test result in your case, I'd be happy to take a look. Free consultations: (509) 293-7593.

Tony Swartz is a DUI defense attorney in Ellensburg, WA, serving Yakima and Kittitas Counties.

What Really Happens During a Field Sobriety Test in Yakima, Washington

Wed, 15 Jan 2025 17:03:12 GMT

If a police officer in Yakima or Kittitas County pulls you over and suspects you've been drinking, there's a good chance they'll ask you to step out of the car and perform field sobriety tests. Most people assume these tests are simple pass/fail. They're not...and understanding how they actually work can make a real difference in your case.

The Three Standardized Tests

The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests:

Horizontal Gaze Nystagmus (HGN): The officer slowly moves a pen or light in front of your eyes and watches for involuntary jerking. Alcohol affects how smoothly your eyes track movement. But HGN can also be triggered by fatigue, certain medications, lighting conditions, or even a head injury — factors that have nothing to do with impairment.
Walk and Turn: You walk nine steps heel-to-toe in a straight line, turn in a specific way, and walk back. The officer scores you on eight separate "clues" — things like starting too soon, missing a heel-to-toe step, or using your arms for balance. One clue doesn't necessarily mean impairment. It might mean the surface was uneven, you were nervous, or you misunderstood the instructions.
One Leg Stand: You hold one foot about six inches off the ground and count aloud for 30 seconds. Again, officers look for specific clues. And again, factors like age, weight, fatigue, and uneven pavement can affect performance regardless of alcohol.

Why These Tests Aren't Foolproof

I'm ARIDE-certified (Advanced Roadside Impaired Driving Enforcement), which is the same training law enforcement uses to administer these tests. That means I know exactly what the officer is supposed to do, and I know when they don't do it right.

Common problems I look for:

Did the officer demonstrate each test correctly?
Was the surface level and well-lit?
Were you wearing heels or boots?
Did the officer properly explain the instructions?
Were there any medical conditions noted?

If the officer didn't follow the standardized protocol, the test results can be challenged.

You Don't Have to Be Impaired to Fail

This is the part most people don't realize until it's too late. You can fail a field sobriety test while completely sober. Nerves alone affect performance significantly. Being stopped on the shoulder of a busy road at night, with a police officer watching your every move, is not a neutral test environment.

What to Do If You're Asked to Take These Tests

In Washington, you are not legally required to perform field sobriety tests. You can politely decline. That said, your refusal can still be noted in the police report and may be brought up later. This is a situation where the right call depends on your specific circumstances — which is why it's worth calling a DUI attorney as soon as possible after an arrest.

If you've been charged with DUI in Yakima County or Kittitas County, call my office for a free consultation: (509) 293-7593.

Dismissed DUI charge

Thu, 14 Nov 2024 23:02:09 GMT

Dismissed DUI charge

A client was arrested by an officer; the officer's stop was based solely on a 911 call. The trial court determined there was insufficient evidence to allow the officer's stop after hearing testimony and dismissed the case due to lack of reasonable suspicion to allow the officer to even stop the car and contact said client.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Dismissed DUI charge

Tue, 22 Oct 2024 23:03:10 GMT

Dismissed DUI charge

A client was contacted because he was a passenger in another vehicle and that car got pulled over for speeding. The officer assumed that the client was previously driving, and thus arrested them for DUI. Tony was able to show the court that there was no reasonable suspicion for the contact and thus the court dismissed the DUI charge.

Schedule a free consultation today to speak about your case.

Amended DUI charge due to medical issues

Sun, 08 Sep 2024 23:04:41 GMT

Amended DUI charge due to medical issues

A client was arrested for DUI after a rollover accident. The prosecutor was pushing hard for a month of jail given the accident. Due to medical evidence that likely affected the breath test results in the case, Tony was able to ultimately get the case reduced to a non-DUI and he got the prosecutor to agree to no jail.

Practice area(s): DUI / DWI

Not Guilty Jury Verdict

Thu, 15 Aug 2024 22:51:37 GMT

Not Guilty Jury Verdict

Tony received a not guilty jury verdict in Lower Kittitas County District Court for the criminal charge of reckless driving. A client was arrested when an officer alleged he was driving recklessly. The facts showed he was driving between 35 and 50 miles per hour and he used the middle lane to pass a car. The prosecutor refused to negotiate the case given his commercial driver's license, though the client was driving a regular vehicle at the time of the arrest.

The jury ultimately found no reckless conduct, though everyone admitted the driving was "bad" for the most part. This is a great example of why you need an attorney to work on your case - what might seem clear to the prosecutor may not be as clear to a jury. Had the client accepted the plea deal offered by the prosecutor, he would have lost his license.

Schedule a free consultation today to speak about your case.

Practice area(s): Criminal Defense

Not Guilty Jury Verdict

Sat, 01 Jun 2024 22:49:05 GMT

Not Guilty Jury Verdict

Tony received a not guilty DUI jury verdict in Cle Elum, Washington. The client blew a .080, .086, .087, and .092, but he was pulled over by Washington State Patrol for expired tabs. The verdict was obtained by arguing various issues including breath test reliability and overall sobriety based on field sobriety tests/other indicators.

Schedule a free consultation today to speak about your case.

Practice area(s): DUI / DWI

Motion to Dismiss as Defense Strategy in Washington State Criminal Cases

Wed, 11 Oct 2023 23:13:48 GMT

Motion to Dismiss as Defense Strategy in Washington State Criminal Cases

In Washington State as elsewhere in the United States, when a person is charged with a crime, the state or federal government must prove guilt beyond a reasonable doubt. When the evidence is not sufficient, a smart criminal defense attorney will file a motion to dismiss. But lack of evidence is not the only reason to file a motion to dismiss. Other reasons exist, and that is why it is important to retain the help of a criminal defense lawyer.

But there's another reason you need a criminal defense lawyer who knows how the system works: a motion to dismiss does not necessarily mean you will never be charged for the same crime again, as how the judge grants such a motion and whether the state can refile your charge depends if the case was filed with prejudice or not. A good criminal defense lawyer will argue for dismissal with prejudice, which means the prosecutor cannot refile the same claim.

At Law Office of Tony Swartz, Tony is a lawyer in Kittitas and Yakima Counties who will review your case and file a motion to dismiss when it is appropriate. Typically, this type of motion is filed early in the case. To learn more about how we will represent you and defend your case, contact him today at 509-293-7593 to schedule a free consultation.

Motion to Dismiss

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved.

When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge, and so the case should not proceed to trial. When a judge decides a motion to dismiss, they are not determining the defendant's guilt or innocence. They look at the legal validity of the charge itself.

Reasons to File a Motion to Dismiss in Washington State

Insufficient evidence, as mentioned above and as discussed briefly below, is one of the main reasons a motion to dismiss is filed, but other reasons exist. Some other common reasons are discussed below.

Insufficient Evidence

In a criminal trial, the prosecution must prove the charge against the defendant beyond any reasonable doubt. To do so, all elements of the crime must be satisfied, and this is accomplished primarily through evidence. Evidence can be in the form of eyewitnesses, expert witnesses, photographs, video, tangible evidence, and other forms.

If, in its totality, the evidence is not enough to prove the charge by satisfying all the elements of the offense, the defense can file a motion to dismiss due to insufficient evidence.

Statute of Limitations

The statute of limitations is a timeframe in which the prosecution can file charges against a defendant after a crime has been committed. Different offenses have different statutes of limitations. Once the statute of limitations has expired, charges cannot be brought. Most misdemeanors are 2 years, but felonies vary.

If the prosecution charges a defendant outside of the statute of limitations, the defense may file a motion to dismiss.

Violation of the Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution grants all defendants the right to a speedy trial. Washington courts also utilize CrR 3.3 and CrRLJ 3.3 as the state rule. Specifically, US Constitution Amendment 6.2.3 states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Defendants are entitled to have their trial heard within a reasonable time, but different rules apply as to when the right is attached to the defendant. If there have been unreasonable delays, and the defendant is not at fault, the defense may file a motion to dismiss.

Double Jeopardy

The Fifth Amendment of the U.S. Constitution prohibits double jeopardy, which means you cannot be tried for the same offense twice. Specifically, Amendment 5.2.2 states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

A defendant who has been acquitted of a charge cannot be prosecuted a second time for the same conduct. If this happens, the defense can file a motion to dismiss based on double jeopardy.

Other Reasons

The above reasons are only some of the more common reasons a defendant may file a motion to dismiss. Jurisdiction, other legal issues, and more can result in motions to dismiss.

The legal basis of a motion to dismiss is unique to each case. It is worth discussing your specific circumstances with a criminal defense attorney in Washington State.

Motion to Dismiss with Prejudice or without Prejudice

A criminal case can be dismissed before, during, or after a trial. It is typically the result of the defendant filing a motion to dismiss, which is discussed above. In some cases, however, the prosecutor might file a motion to dismiss or the court may dismiss a case without a motion. In any of these scenarios, when a case is dismissed, it is done so either with or without prejudice.

With or without prejudice are terms a defendant should understand because many think that when a judge grants a motion to dismiss, the defendant will never face the same charge for the same incident again. When cases are dismissed with prejudice, that is true, but when cases are dismissed without prejudice, the prosecutor could later refile the charges.

In sum, a dismissal with prejudice means that a judge's order is the final judgment in the case, and the prosecutor cannot refile charges. In a dismissal without prejudice , the prosecutor can, in the future, either refile the charges or file new charges based on the same alleged criminal incident.

Dismissed Charges versus Dropped Charges in Washington State: What's the Difference?

Do not confuse dismissed charges with dropped charges. A judge dismisses charges after they have been filed, and the judge does so for many of the reasons listed above. Charges, however, that are dropped are typically dropped by a prosecutor who may do so for some of the reasons above or for other reasons, like victims who will not cooperate.

Contact a Criminal Defense Attorney in Kittitas and Yakima Counties Today

A well-argued motion to dismiss can be an important defense strategy. It can lead to successful plea negotiations with the prosecution or even the charges being dismissed entirely.

For these reasons, it's worth engaging a defense attorney who is an expert in pretrial motions. That attorney can look at your matter and advise if there are any potential legal bases for a motion to dismiss. At Law Office of Tony Swartz, Tony is located in both Kittitas and Yakima Counties. He will investigate your case and strategize accordingly all while ensuring you understand the charges against you. Call him at 509-293-7593 or fill out the online submission form today to schedule a free consultation.

What Is Probation in Washington? Rules, Violations, and What to Expect

Mon, 17 Apr 2023 18:16:45 GMT

If you've been convicted of a misdemeanor in Yakima County, or you're trying to understand what a plea deal means before accepting one, probation is a term you're going to hear a lot. It sounds straightforward, but probation in Washington comes with real conditions and real consequences if you don't follow them.

Here's what you actually need to know.

What Probation Means in Washington

For misdemeanor convictions in Washington, courts can impose a period of probation rather than, or in addition to, jail time. During that period, you're required to comply with specific conditions set by the court. Think of it as a conditional release: you stay out of jail as long as you hold up your end.

Probation for misdemeanors in Washington is typically supervised by the court itself (through a probation department or monitoring company) rather than a state agency like DOC, which handles felony supervision.

Common Probation Conditions

The exact conditions depend on your offense and your judge, but standard conditions in Yakima County and Kittitas County courts often include:

No new criminal law violations. This is universal. Getting arrested for anything, even something that doesn't result in a conviction, can trigger a probation violation hearing.

Alcohol and drug restrictions. For DUI-related probation, this typically means no alcohol consumption at all, not just no driving impaired.

Ignition Interlock Device (IID). Required for DUI convictions in Washington, usually for one year or more depending on your BAC and prior history.

Fines and court costs. You'll have a payment schedule to follow.

Treatment or counseling. Courts in Yakima often require alcohol or drug treatment assessments and follow-through for DUI cases.

No contact orders. Common in domestic violence cases.

Check-ins. Depending on the court and your monitoring setup, you may need to check in by phone, app, or in person.

What Happens If You Violate Probation

A probation violation in Yakima County or Kittitas County starts with the court issuing a show cause order or bench warrant. You'll be required to appear and explain why you violated the terms, or you'll be arrested on the warrant if you don't appear.

At a probation violation hearing, the standard of proof is lower than at trial. The court just needs to find that it's more likely than not that you violated a condition. You don't get a jury, it's just a judge.

If the court finds you violated probation, consequences can include extending the probation period, adding new conditions, imposing suspended jail time you were originally avoiding, or in serious cases, revoking probation entirely.

This is why a probation violation shouldn't be treated casually. Even a technical violation, like a missed check-in or an incomplete treatment requirement, can land you in jail.

Can Probation Be Modified or Terminated Early?

Yes, in some cases. If you've complied with all conditions and served a significant portion of your probation, an attorney can file a motion to modify or terminate probation early. Courts in Yakima County and Kittitas County are often receptive to these requests when the record is clean.

If you're facing a probation violation or want to discuss your options, call for a free consultation: (509) 293-7593.

Tony Swartz is a criminal defense attorney based in Ellensburg, WA, serving clients throughout Yakima and Kittitas Counties.

Regular DUI vs. High BAC DUI in Washington: What's the Difference?

Mon, 06 Mar 2023 18:32:19 GMT

Not all DUI charges in Washington are the same. If your blood alcohol content was .15 or higher at the time of your arrest, you're looking at an "aggravated DUI", what Washington law treats as a more serious offense with steeper mandatory minimums. If you've been charged with DUI in Yakima County or Kittitas County and you're wondering whether your BAC matters, the short answer is yes, significantly.

Here's how the two tiers compare.

Standard DUI in Washington (.08-.149 BAC)

A first-offense DUI with a BAC between .08 and .149 carries the following mandatory minimums in Washington:

1 day in jail (or 15 days of electronic home monitoring)$350 base fine (actual costs with fees are typically much higher)90-day license suspension for a first offenseIgnition Interlock Device required for a minimum of 1 yearProbation of up to 5 years

These are minimums. Judges have discretion to impose more.

High BAC DUI in Washington (.15+ BAC or Refusal)

Washington treats a BAC of .15 or higher, and a refusal to take a breath test, the same as a high BAC for sentencing purposes. The mandatory minimums jump considerably:

2 days in jail (or 30 days of electronic home monitoring)$500 base fine1-year license suspension (vs. 90 days for standard)Ignition Interlock Device required for a minimum of 2 years on first offenseProbation of up to 5 years

A breath test refusal also adds a separate DOL-imposed license suspension of one year under Washington's implied consent law, on top of any court-ordered suspension.

Why the High BAC Tier Matters for Defense

When a client comes to me with a .15+ result, I'm looking at two parallel tracks: the criminal case and the DOL administrative proceeding. They run at the same time and have different deadlines. Missing the DOL hearing request deadline (typically 20 days from arrest) can mean an automatic license suspension that kicks in regardless of how the criminal case goes.

On the criminal side, a high BAC doesn't mean no defense exists. The breath test can still be challenged, calibration records, operator certification, the 15-minute observation period, and partition ratio variability are all legitimate issues to examine. The goal isn't always a complete dismissal; sometimes it's getting a charge reduced to a standard DUI, to a reckless driving, or negotiating terms that minimize the jail and interlock requirements.

Prior Offenses Make Everything Worse

If you have a prior DUI within seven years in Washington, the mandatory minimums for both tiers increase dramatically, we're talking 30 to 90 days in jail even for a standard second offense. For a high BAC second offense, you're looking at 45 days minimum. This is why your case history matters so much, and why getting proper representation early is critical.

If you've been charged with DUI in Yakima County, whether standard or high BAC, call for a free consultation: (509) 293-7593.

Tony Swartz is a DUI defense attorney in Ellensburg, WA, representing clients in Yakima and Kittitas Counties.

Will a Traffic Ticket Affect My Insurance in Washington?

Tue, 21 Feb 2023 18:40:04 GMT

It's one of the first questions people ask after getting pulled over in Yakima: "Is this going to mess up my insurance?" The honest answer is, it depends on the violation, your history, and your insurer. But yes, moving violations in Washington can and do cause insurance rates to increase, and understanding how the system works helps you make smarter decisions about whether to fight a ticket.

How Washington Driving Records Work

Washington doesn't use a point system the way some states do. Instead, insurance companies pull your driving abstract, your official driving record through the DOL, and make their own assessment based on what they find there. Each insurer has its own internal scoring model.

What shows up on your record: convictions and findings of committed for traffic infractions. When you pay a ticket, you're admitting the violation, and it goes on your record. It stays there for three years for most moving violations. More serious violations, like negligent driving or DUI, stay longer.

Which Tickets Tend to Hurt the Most

Not all moving violations are equal in the eyes of an insurance underwriter. Generally speaking:

Lower impact: Minor speeding (under 10 mph over), failure to signal, improper lane change. One of these alone may not trigger a rate increase depending on your history and insurer.

Moderate impact: Speeding 11-20 mph over, running a red light, failure to yield. These are more likely to affect your premium, especially if you have prior violations.

Higher impact: Speeding 21+ over, reckless driving, negligent driving, following too closely (which is common at highway speeds on I-82 in Yakima County). These can cause significant premium increases or even non-renewal.

Severe impact: DUI or DUI-related convictions. These are in a category of their own, most insurers will either substantially increase your rates or drop you entirely after a DUI conviction in Washington. SR-22 requirements may also apply.

The Math on Fighting vs. Paying

Here's what most people don't calculate: if a speeding ticket causes your insurance premium to increase by even $20/month for three years, that's $720 on top of the ticket itself. A Yakima County speeding ticket might cost $150-$250 in fines. Fighting it, or hiring an attorney to fight it, often costs less than the insurance hit.

This math shifts depending on your situation. If you have a clean record and it's a minor violation, your insurer might not move at all. If you have two prior violations, a third could trigger a major premium spike or policy review.

Contesting a Ticket in Yakima County

Traffic infractions in Washington are civil matters heard in district or municipal court. At a contested hearing, you're challenging whether the state can prove the infraction occurred. Common angles include whether the officer properly operated and maintained radar or lidar equipment, whether the ticket was procedurally correct, or whether the officer will even appear (no-shows result in dismissal).

You don't have to do this alone, and for the right ticket, having an attorney on a contested hearing is worth the money.

Questions about a ticket in Yakima County or Kittitas County? Call for a free consultation: (509) 293-7593.

Tony Swartz is a criminal defense and traffic attorney in Ellensburg, WA, serving Yakima and Kittitas Counties.

What Happens If You Miss a Court Date in Washington?

Tue, 10 Jan 2023 18:45:13 GMT

Missing a court date in Washington, whether in Yakima County, Kittitas County, or anywhere else in the state, is one of those situations where a bad day can turn into a much worse problem very quickly. I get calls from people who missed a court appearance and aren't sure what to do next. The good news is that it's usually fixable. The key is acting fast and not hoping it goes away on its own.

What Happens Immediately After You Miss Court

When you fail to appear for a scheduled court date in Washington, the judge will typically issue a bench warrant for your arrest. This happens almost automatically, the court marks you as a failure to appear (FTA) in the record, and a warrant is entered into the state's system.

Once a warrant is in the system, law enforcement can arrest you at any time: during a routine traffic stop, at your home, at work. The warrant doesn't expire. And if you're pulled over for something minor, a broken taillight, a speeding ticket, that warrant will show up and you'll be taken into custody on the spot.

For cases in Yakima County, warrants issued in Yakima County District Court or Superior Court are entered into the statewide system and can be executed anywhere in Washington.

Additional Charges for Missing Court

Beyond the warrant, missing a court date can result in additional criminal charges. If you were out on bail and failed to appear, bail jumping is a separate offense in Washington, a gross misdemeanor if the underlying charge was a misdemeanor, and a felony if the underlying charge was a felony. A bail jumping conviction adds to your exposure on top of the original case.

Your bail bond, if any, may also be forfeited.

What You Should Do

The worst thing you can do is nothing. Here's what actually helps:

Contact an attorney immediately. An attorney can often appear in court on your behalf, explain the circumstances of the missed date, and request that the warrant be quashed (recalled). Courts in Yakima County and Kittitas County will sometimes recall a warrant if you appear voluntarily and quickly, especially for first-time failures to appear with a credible explanation.

Don't get arrested on the warrant if you can avoid it. Walking in voluntarily, through an attorney, is almost always better than being taken into custody during a traffic stop. Courts respond differently to someone who presents themselves versus someone who was arrested.

Act quickly. The longer you wait, the more it looks like deliberate avoidance. Courts are more sympathetic when the failure to appear is addressed promptly.

The Underlying Case Still Needs to Be Resolved

Quashing a warrant doesn't make the original case disappear. Once the warrant is addressed, you're back to dealing with the charge that brought you to court in the first place. But at least you're no longer carrying an active arrest warrant while trying to live your life.

If you have an outstanding warrant in Yakima County or Kittitas County, or missed a court date and aren't sure what to do next, call my office for a free consultation: (509) 293-7593.

Tony Swartz is a criminal defense attorney in Ellensburg, WA, serving Yakima and Kittitas Counties.

Implied Consent in Washington: Can You Refuse a Breathalyzer?

Mon, 05 Dec 2022 19:00:14 GMT

If a police officer pulls you over on suspicion of DUI in Washington, one of the first questions you might ask yourself is whether you can refuse the breathalyzer. The short answer is yes, you can refuse. But refusal comes with serious consequences that are separate from your criminal case, and understanding the tradeoff matters.

What Is Implied Consent?

When you got your Washington driver's license, you gave implied consent to chemical testing as a condition of that privilege. This means that by driving on Washington roads, you have already agreed in advance to submit to breath, blood, or urine testing if a law enforcement officer has lawfully arrested you for DUI.

Implied consent applies after a lawful arrest, not during a roadside stop. The portable breath test (PBT) an officer may offer at the scene before arrest is different, and you can decline that without the same consequences. The formal breath test at the station, on a DataMaster machine, is the one where implied consent kicks in.

What Happens If You Refuse After Arrest

If you refuse the official breath test after a DUI arrest in Washington, the Department of Licensing (DOL) will move to revoke your license. For a first-offense refusal, that revocation is one year, with no ability to get an ignition interlock license for the first 90 days. For a second refusal within seven years, the revocation jumps to two years.

On top of the license consequences, the refusal itself can be used as evidence against you in court. A prosecutor can argue that you refused because you knew you were over the legal limit. This is not a neutral act in the eyes of a jury.

Does Refusing Help Your Case?

Sometimes, but not always, and the calculus is complicated. If you have a prior DUI or a very high BAC, refusing eliminates a key piece of hard numerical evidence. Without a BAC reading, the prosecution relies on officer observations, field sobriety test results, and any driving pattern. Those can be challenged more effectively than a .19 on the DataMaster.

On the other hand, if your BAC was going to come in below .15, refusing trades away a potentially favorable number for a longer license suspension and a refusal on your record. Most defense attorneys agree there is no one-size-fits-all answer, and the decision happens in a matter of seconds with no time to call a lawyer first.

The DOL Hearing Is Separate and Urgent

Whether you blow or refuse, you have only 20 days from the date of arrest to request a DOL hearing to contest your license suspension. If you miss that window, the suspension happens automatically and you waive your right to fight it.

The DOL hearing is a civil proceeding that runs independently of your criminal DUI case. You can win your criminal case and still lose your license, or vice versa. An attorney who handles DUI cases in Washington knows how to fight both tracks simultaneously, and the 20-day deadline is the first and most time-sensitive piece of that fight.