Washington DUI Laws & Attorneys
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Washington may be the ‘evergreen state’, but get caught driving while under the influence and be prepared to receive a significant black mark on your record. Washington DUI law mandates that DUI convictions are categorized as ‘gross misdemeanors’ and require mandatory minimum penalties including jail time. And things only get worse if you refuse to submit to sobriety tests and have a previous record.
You will probably have questions regarding why you were stopped to what happens in and after court. The best and quickest resource is always consulting with a Washington DUI specialist, and attorney who will check all the different aspects of your case, defend you aggressively and try to mitigate any penalties. However, the following will give you information and what to expect.
Washington DUI penalties are some of the toughest in the nation. Taken into account are a person’s blood alcohol content (BAC) and prior history, especially if a person has been convicted of the same offense in the last 7 years (the “washout period” of time when a prior conviction can no longer be used for added punishment for a current Washington DUI offense).
Washington DUI law states that a blood alcohol content (BAC) of .08% constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. Be aware that you don’t have to be legally drunk to be a candidate for a Washington DUI. You can also be prosecuted for driving “under the influence” if it can be proven that you were driving in an unsafe manner even if you are within the legal BAC. Under this theory circumstantial evidence such as, slurred speech, blood shot, watery eyes, trouble with coordination, hazardous driving, and field sobriety tests can be evidence that a driver was impaired and unsafe to drive.
If you haven’t been drinking or you believe that you might have been impaired from a benign source such as alcohol based paint or solvents, mouthwash, or prescription or over-the-counter drugs be aware that you can still be arrested for a Washington DUI, even though you are not “legally drunk”.
After being charged with a Washington DUI you’re going to face two adversaries: the criminal courts, and the Washington Department of Licensing (DOL). You have the right to make a request within 30 days for an administrative hearing with the DOL to try avoiding losing driving privileges (there is also a required $200. ).
If your license was suspended or revoked because of a DUI, you will be offered an administrative review to informally discuss the facts and then a formal hearing where your DUI attorney can cross-examine testimony, and rebut evidence involved in your arrest and investigation.
Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DOL sanctions can also be imposed even if you are found not guilty in a criminal court case. Court and administrative penalties are separate although they may be similar. However, the generally run concurrently (at the same time). Also, in a DOL hearing you are not presumed to be innocent – you have to prove it.
Washington has what is called a 7 year “wash out” period. So, if more than 7 years have elapsed between DUI arrests, any prior conviction cannot be used to enhance a present offense (time spent in jail doesn’t count for the "wash out" period).
Be advised that Washington has an out of state Driver’s License Compact Agreement, meaning that Washington DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Washington DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time the laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Washington DUI specialist. In any case, when you are stopped and arrested for suspicion of a DUI, request to see a Washington DUI attorney, the sooner the better.
Also be aware that the city of Seattle has special considerations for DUI offenses (see below).
-- Info You Need To Know --
Was I Stopped Legally?
You were probably stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Washington DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Did I Have A Right To Make A Call?
Law enforcement officers are not required to advise the person of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Washington DUI specialist.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them at later hearings.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you do not want to cooperate until instructed by your DUI lawyer. But be advised if you refuse to test under the implied consent law you can lose your license on the spot, and probably for many months.
Should I Have Taken A Breath Test?
Washington is an implied consent state. This means that every driver has consented 'a priori' (before the fact) to submit to a chemical breath test, the preferred method to obtain evidence of levels of intoxication.
Refusals increase the mandatory minimum sentence that must be imposed in the event of a Washington DUI conviction. In fact, Washington courts treat a test refusal the same as if the test result was an enhanced BAC. Fines and jail time will increase, and also additional license suspension resulting from a conviction.
It is usually easier to deal with a blood alcohol test result than to successfully contest A BAC refusal.. So in most circumstances it is advisable to take the test. However, always call a Washington DUI attorney when arrested for DUI.
Should I Have Submitted To a Field Sobriety Test (FST)?
Unlike the BAC test, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you, however, even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% only 66% to 77% of the time.
Should I Retain A Washington DUI Attorney?
Washington DUI convictions and penalties can be long lasting and severe, both in court and with the DOL which regulates your driving privileges. The complicated laws and penalties relating to motor vehicles and criminal Washington DUI charges should be taken very seriously. It is next to almost impossible to beat or mitigate a DUI charge without an experienced Washington DUI lawyer.
What’s A Washington DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with a DUI is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from an Washington DUI attorney might save them thousands of dollars in the years to come. Can you put a price tag on your rights, your name and your freedom?
I’m Simply Going To Plead Guilty, Why Do I Need A Lawyer?
Skilled Washington DUI attorneys may be able to help mitigate your problems by minimizing your legal predicament and maximizing your defenses. A Washington DUI conviction can reflect on credit ratings, job opportunities, insurance premiums, ability to travel, professional licenses and in other ways you might not be aware of. A Washington DUI defense attorney will level the playing field between you and the prosecution in an effort to provide the best defense and preserve your constitutional rights.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DUI convictions in the last 7 year wash out period (the length of time that previous offenses and be used against you for penalties). These convictions include any previous Washington administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. As a condition of parole may be that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants). An experienced Washington DUI attorney knows what to expect and how to arrive at the best outcome for you.
Can I Plea Bargain?
It is next to impossible to beat or plea bargain a Washington DUI charge without an experienced DUI lawyer. Often an effective Washington DUI attorney will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of Washington DUI, one must remember that if the original charge was a DUI, a conviction for any lesser crimes will still count as a prior for calculating the mandatory minimums for an additional offense.
Remember that Washington DUI convictions and penalties can be severe, both in court and with the DOL. The laws relating to Washington DUI convictions can be complicated and long lasting so the charges should be taken very seriously.
Is Being Punished By the Department of Licensing and the Criminal Courts Double Jeopardy?
Like most States, Washington permits the enforcement of administrative (DOL) penalties as they consider driving a privilege, not a right, and not necessarily subject to civil liberties. Washington’s Department of Licensing (DOL) not only administers the civil suspensions, but also conveniently serves as the judge, jury and metes out punishment.
What if I Am An Out of State Driver?
Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that Washington DUI convictions will be reported to your home state. This may cause your home state to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a Washington DUI attorney to walk you through the procedures and insure that you don’t face complications in bail and jail.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a South Dakota DUI specialist. In any case, when you are stopped and arrested for suspicion of a South Dakota DUI, request to see a DUI attorney, the sooner the better.
-- Washington State Criminal DUI Penalties --
1st Washington DUI Offense
No priors in the last 7 years
Breath test under 0.15% BAC
No refusal of BAC test.
1 day minimum jail time, 1 year maximum, or 15 days on electronic detection house arrest.
$823 minimum up to $5,000 maximum fine.
90 days suspension of driver’s license.
Proof of SR-22 high risk insurance.
Probationary license for 5 years.
Up to 5 years monitored probation (and fees).
Ignition interlock may be ordered by the court for a minimum of 1 year,
Alcohol evaluation and treatment as determined by the court.
1st DUI Offense With:
No priors in the last 7 years
Breath test 0.15% BAC or higher
Refusal of BAC Test
2 days in jail minimum, 1 year maximum or 30 days electronic detention house arrest.
$1,078 minimum up to $5,000 maximum fine.
1 year to 2 years license revocation.
Proof of SR-22 high risk insurance required.
Probationary license for 5 years.
Up to 5 years monitored probation (and fees).
Ignition interlock not less than 1 year.
Up to 2 years alcohol evaluation and treatment as determined by the court.
2nd Offense With:
One prior in the last 7 years
Breath test under 0.15%
No test refusal
30 days minimum jail time, plus 60 days additional electronic detention house arrest.
Fines between $1,078 (minimum) and $5,000 (maximum).
2 years license revocation.
Driving test required for reinstatement of license.
Proof of SR-22 high risk insurance required.
Probationary license available.
Probation monitoring (and fees) for up to 2 years.
Ignition interlock device required for at least 1 to 5 years.
Up to 2 years alcohol evaluation, education and treatment to be determined by the court.
2nd Offense With:
One prior in the last 7 years
Breath test under .15% BAC or
Refusal to take test
45 days in jail minimum, 1 year maximum, plus an additional 90 days Electronic Home Detention.
$1,503 minimum, up to $5,000 maximum fine.
2 to 3 years license revocation.
Driving test required for reinstatement of license.
Proof of SR-22 high risk insurance required for 3 years.
Probationary license available.
Up to 5 years court monitored probation (and fees).
Ignition interlock not less than 1 year minimum, and up to 5 years.
Up to 2 years alcohol evaluation and treatment as determined by the court.
3rd DUI offense in the Last 7 Years With:
Breath test under 0.15% BAC
No refusal of breath test
90 days in jail minimum, 1 year maximum, plus 120 days electronic home detention.
$1,928 minimum, up to $5,000 maximum fine.
3 years license revocation.
Driving test required for reinstatement of license.
Proof of SR-22 high risk insurance for 3 years required.
Probationary license for 5 years, after reinstatement.
Up to 5 years court monitored probation (and fees).
Ignition interlock for 1 year minimum and up to 10 years with previous interlock penalties.
Up to 2 years alcohol evaluation and treatment as determined by the court.
3rd DUI Offense in the Last 7 Years
Breath test 0.15% BAC or higher
Refusal to take breath test.
120 days in jail minimum, 1 year maximum, plus 150 days electronic home detention.
$2,778 minimum, up to $5,000 maximum fine.
4 years license revocation.
Driving test required for reinstatement of license.
Proof of SR-22 high risk insurance for 3 years required.
Probationary license available.
Up to 5 years court monitored probation (and fees).
Ignition interlock for 1 year minimum and up to 10 years with previous interlock penalties.
Up to 2 years alcohol evaluation and treatment as determined by the court.
Underage DUI
1st offense:
90 days loss of license.
2nd offense:
1 year loss of license, or until age 21, whichever is longer.
SR – 22 high risk insurance policy.
Enhanced Penalties
Minor in the car at the time.
Offender was traveling 20 or 30 miles over the speed limit.
BAC over .20%.
Refused a BAC test.
Property damage or injury.
Any time you face multiple or ‘aggravated’ charges, or if death or injuries occur, the fallout for a Washington DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license for years, if not permanently. We strongly recommend retaining an experienced Washington DUI attorney in order to secure the best possible outcome of a potentially very bad situation.
-- DOL Administrative Penalties --
1st Offense
BAC .08%, 90 days driver’s license suspension.
BAC test.10 BAC or greater, 5 years probationary license.
Refusal BAC test, 1 year license suspension.
Minor BAC .02%, 90 days suspension.
2nd Offense
BAC .08%, 2 years license suspension.
Refusal of BAC test, 2 years license suspension.
BAC 0.10 BAC or greater, 2 years license suspension.
Proof of Financial Responsibility or high risk insurance (SR-22)
Minor BAC .02% 1 year suspension or until age 21, whichever is longer.
Proof of Financial Responsibility (SR-22)
Administrative Sanctions May Also Include
Alcohol/drug assessment
Alcohol/drug certificate showing satisfactory completion of the first 60 days of treatment and compliance with alcohol/drug dependency program.
Can I Get A Occupational/Restricted License?
ORL’s are available for work and other necessary appointments.
Ignition interlock is required for the period of all Occupational / Restrictive licenses.
ORL license may be granted after 30 days on first offense, after 1 year on 2nd and subsequent offenses.
$200 fee for DOL hearing fee unless indigent.
$150 license reissue fee.
SR-22 high risk insurance required for 3 years.
After BAC test refusal, occupational permit may be granted after 90 days.
1 or more offenses within 7 years, eligible for work permit after 1 year.
You Are Not Eligible for an ORL for Any of the Following:
You cannot get an ORL to operate a commercial motor vehicle.
If you did not have a valid driver's license on the date of conviction.
If you were convicted of vehicular homicide or vehicular assault within 7 years before the last offense.
A Habitual Traffic Offender (HTO).
A Minor In Possession (MIP).
Failure to pay child support.
Too many Rules of the Road violations while holding an intermediate License.
Fraud.
Driver's license was not surrendered when required.
Violation of court probation.
Violation of ORL restrictions.
Canceled SR-22 Insurance.
Failure to qualify on a medical or visual examination.
Failure to qualify on a driver skills examination.
Failure to undergo required alcohol/chemical dependency treatment.
Commercial Driver’s License and DUI Convictions
1st conviction 1 year suspension.
3 years if transporting hazardous materials.
2nd conviction revocation for life.
Special DUI Considerations for the city of Seattle
This city has different considerations than the other venues in Washington. If you are arrested for a DUI in Seattle, you must show up in court within 2 days of your arrest. In this first court appearance you will be faced with high bail and release conditions. In most courts the prosecutors do not seek to increase bail at the first court appearance. However, Seattle prosecutors usually request substantial bail and pretrial release conditions on all DUI cases, which can include such things as attending AA classes, the immediate installation of ignition interlock devices, and abstinence from all alcohol. Many times those who appear unrepresented find themselves taken to jail immediately until they can post bail. No personal checks or credit cards are accepted to pay for your bail. It is extremely important to retain a qualified Washington DUI defense lawyer who is familiar with the prosecutors and local practices.
-- Disclaimer --
As with most states Washington DUI laws are a maze and each case may have vagaries and differences. Only educated and licensed Washington DUI professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited attorney. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned Washington DUI specialist.
– Criminal Citations –
Driving under the influence (RCW section 46.61.502)
And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506.
– Washington Dept. of Licensing (DOL) citations –
46.20.710Legislative finding.
46.20.720 Drivers convicted of alcohol offenses.
46.20.740 Notation on driving record -- Verification of interlock -- Penalty.
46.20.750 Circumventing ignition interlock -- Penalty.
46.20.308 Implied consent -- Test refusal -- Procedures.
46.20.3101 Implied consent -- License sanctions, length of.
46.20.311 Duration of license sanctions -- Reissuance or renewal.
46.20.315 Surrender of license.
46.20.317 Unlicensed drivers.
46.20.320 Suspension, etc., effective although certificate not delivered.
Alcohol detection devices
46.20.710 Legislative finding.
46.20.720 Drivers convicted of alcohol offenses.
46.20.740 Notation on driving record -- Verification of interlock -- Penalty.
46.20.750 Circumventing ignition interlock -- Penalty.
