How To Get A DUI Off Your Record

In Washington State, a DUI charge can be a stressful and anxiety-generating experience. However, knowing the laws and having the right law firm by your side can turn around an unfortunate experience.

State law defines a DUI (driving under the influence) charge as a person operating a motor vehicle either:

·      With a blood alcohol count (BAC) of 0.08 percent or higher

·      With a THC (the active ingredient in marijuana) concentration of 5 nanograms or per milliliter of blood

·      Under the influence of alcohol, marijuana or drugs

If your DUI involves alcohol and your BAC is 0.08 percent or above, it’s considered a per se BAC, because the amount of alcohol necessary to reach that threshold can vary from person to person.

Typical Penalties for a Washington DUI

In many cases, a Washington DUI is considered a gross misdemeanor. Under a gross misdemeanor, a judge may impose a sentence of up to 364 days in jail and a $5,000 fine.

For a first offense, the penalties are typically the following:

·      A fine of $350 to $5,000

·      Up to the maximum in jail time

·      Instead of serving the mandatory minimum of one day in jail, an offender may choose to serve 15 days of house arrest or 90 days in a sobriety program

If your BAC is 0.15 percent or higher or you refuse a breathalyzer test, the fines are $500 to $5,000 and 2-365 days in jail. Instead of jail, you may choose 30 days of house arrest or 120 days in a sobriety program.

DUI charges remain on your record for 7 years. Offenders also must participate in a drug and alcohol evaluation, any recommended treatments and educational programs. Offenders may be required to attend a victim impact panel.

BAC rates are lower for other drivers – 0.02 for minors and 0.04 for commercial drivers.

Penalties Increase for Second Offense

If an offender has a DUI on their record within the previous seven years, they will face fines of $500 to $5,000, 30-364 days in jail. The court may order 4 days in jail and either 180 days of house arrest or 120 days in a sobriety program.

If a sobriety test is refused or a BAC is 0.15 percent or higher, it’s $750-$5,000 in fines, 45-364 days in jail or an alternative sentence of 6 days in jail and either 6 months of house arrest or 120 days in a sobriety program.

For third DUI charges, an offender may be sentenced to 90-364 days in jail, six months in a sobriety program, $1,000-$5,000 in fines; 8 days in jail may be substituted for sobriety monitoring.

Additional penalties are imposed if the offender was transporting a child under 16. For a first offense, it’s an additional 24 hours in jail and a minimum $1,000.

Your License and DUI Convictions

For a first offense, your license is suspended 90 days (reduced to 2 days if participating in 90 days of house arrest or the sobriety program. With a BAC of 0.15 or higher, it’s a one-year suspension (four days if involved in 90=day house arrest or sobriety program).

A second offense carries a two-year suspension or 900 days with a BAC of 0.15 percent or higher. A third offense is three years of revocation and four years with the higher BAC.

Protecting Your Rights

If you’ve been charged with a DUI in King, Pierce, Snohomish, or Skagit Counties, the team at Verity Criminal Defense is here to help. Our skilled attorneys are licensed in Washington State can help vacate your record and guide you through the court process.

Let a trusted and experienced attorney stand beside you in court. Contact us today for a free case review on legal issues you may be facing.