Washington State's DUI Laws

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A Washington DUI Arrest Requires Preparing for Two Different Cases.

If you have been arrested for Drunk Driving here in Washington State, it is important to understand that you actually have to prepare for two different cases.  It is also important to understand that your Washington DUI arrest demands immediate attention and immediate action.  Your driving privileges are at stake.  In addition to fighting your DUI criminal charges, which carry harsh mandatory penalties, you must also fight the Washington State Department of Licensing if you want to retain your driving privileges.

The Washington State Department of Licensing Hearing.

One of the first questions that our Washington State and Seattle DUI attorneys are often asked is what happens now?  With most Washington DUI arrest, the first case that requires action is the one with the Washington State Department of Licensing (DOL).  At the time of your arrest, you were offered an opportunity to submit to a breath test once you were back at the police station. 

If you either took the test and the result was above .08 (.02 if you are a minor), or if you refused the test, the WA State Department of Licensing is planning on suspending your license.  At the time that you were released, you should have been provided with a WA DOL Hearing Request Form. 

If you read this form carefully, you will see that you have 20 days from the date of arrest to request your hearing.  If you fail to request a hearing within 20 days, the WA State Department of Licensing will simply move forward with the suspension or revocation, and you will not have a chance to challenge its validity.  It is therefore imperative that you file a timely request for a hearing.

The length of the proposed suspension or revocation depends on several factors.  First, did you take a breath test or refuse one?  Also, is this your first, your second, or your third offense within the last seven years?  For example, if this is your first offense and you provided a breath sample that is alleged to have been .08 or higher, your license will be suspended for 90 days. 

If this is your first offense and you refused to provide a breath sample, your license will be suspended for one year.  If this is your second or third offense within the last seven years, the length of your suspension will be much higher.  For example, if this is your second DUI and you provided a breath sample that is alleged to be .08 or higher, your are looking at a mandatory two year revocation.

The Criminal Portion of Your Washington DUI Arrest.

The criminal portion of your Washington DUI case typically begins when you receive a Notice to Appear for Arraignment in the mail.  In some cases, you will ordered to appear for your arraignment by the DUI citation or other paperwork that you receive when you are released.  If you are convicted of DUI here in Washington State, you face stiff mandatory minimum penalties, even if this is your first offense.

Additionally, the mandatory minimum sentence that you are facing will depend on your alleged breath test result, whether refused to take a breath test, and whether or not this is your first, your second, or your third or greater offense within the last seven years.

At a minimum, however, if you are convicted of a WA DUI, you will be sentenced to the following:

• Mandatory Jail
• Mandatory License Suspension
• Mandatory Ignition Interlock for a Period of at least One Year
• Mandatory Alcohol Evaluation and Treatment
• Mandatory Attendance at a Victim Impact Panel
• Mandatory Fines, Costs and Assessments

Good people just like you are arrested for DUI in Washington State every day. Over the years, we've helped hundreds of them take their lives back.  A Washington drunk driving does charge does not have to ruin your life.  Our Seattle DUI attorneys and Washington State lawyers will help you to understand your legal rights and options.

It is, however, important to act quickly.  You must request a hearing from the Washington State Department of Licensing within 20 days of your arrest if you either took a breath test and the result was above .08 or if you refused a test.  It is also imperative to challenge your WA DUI criminal case. 

Some or all of the evidence in the officer's report may be completely wrong or subject to suppression.  It is therefore imperative to speak with an experienced WA DUI and criminal defense lawyer before ever appearing in court.

Washington State's DUI Laws.

RCW 46.61.502 Driving under the influence.

(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

     (a) 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; or

     (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

     (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

     (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.

     (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

     (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

     (5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

     (6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), or vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).

[2006 c 73 § 1; 1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.]