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DUI VS DWI - Are There Any Differences In Washington State?

Often, the terms driving under the influence (DUI) and driving while intoxicated (DWI) are used in the same context, but are there any differences between the two? While laws vary from state to state, DUIs and DWIs are considered to be the same offense in Washington. 

What Classifies As A DUI/DWI?

According to Washington State code RCW 46.61.502 “A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle” within any of these states

  1. 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

  2. The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood

  3. While the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug

  4. While the person is under the combined influence of or affected by intoxicating liquor, cannabis, and any drug.

What Are DUI/DWI Penalties In Washington State?

Most DUI/DWI charges are classified as gross misdemeanors which carry a maximum penalty up to 364 days in jail and a fine up to $5,000. There are a few exceptions when DUI/DWI charges are classified as a class B felony. These exceptions are if

  1. The person has three or more prior offenses within ten years

  2. The person has ever previously been convicted of:

    1. Vehicular homicide while under the influence of intoxicating liquor or any drug

    2. Vehicular assault while under the influence of intoxicating liquor or any drug

    3. An out-of-state offense comparable to the offense

Class B felonies are more serious than a misdemeanor and carry a maximum jail time of ten years, and a maximum fine of twenty thousand dollars. Finding the right defense attorney can help reduce or eliminate any potential penalties. 

How We Can Help

DUI convictions can be life-ruining events that carry serious consequences. If you are being charged with a DUI, contacting a defense attorney is a crucial first step. Finding the right defense attorney improves your chances of a favorable outcome. Contact the experts at Verity Criminal Defense to request a free case review to learn more about how we can help. Give us a call to find out where you stand and the next steps in planning your legal defense.

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