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.

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.

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.

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.

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.

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. 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. Practice area(s): DUI / DWI

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. Every case is different. There is never a guarantee regarding what could or will happe

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