An arrest for a DUI, or any other criminal charges, is an overwhelming situation no one wants to face. Legal issues are challenging to navigate and a DUI charge can cause a ripple effect that impacts both you and your loved ones. However, there are a number of steps you can take now to minimize the long-term impacts of a DUI charge, so having a trusted and skilled attorney on your side is imperative for an effective defense.
We understand how stressful and emotional being investigated for a criminal matter can be and are always working to ensure each client is being both heard and understood. Our expert team at Verity Criminal Defense is waiting and ready to assist you—connect with us now to get started.
What Classifies as a DUI in Washington State?
Driving under the influence, or a DUI/DWI, is defined as operating or being in physical control of a motor vehicle while under the influence of drugs, both illegal and prescription, or alcohol over the legal limitations set by the state.
DUI Blood Alcohol Levels
Individuals that fall under the following categories and exceed the legal blood alcohol content (BAC) levels may be convicted of a DUI in Washington:
Individuals aged 21 or older: The legal limit is a BAC level of .08%
Minors/individuals younger than 21: Washington holds a zero-tolerance policy and will convict for BAC levels greater than .02%
Commercial drivers: The legal limit is a BAC level of .04%
Other: The limit is 5 nanograms of active THC per milliliter of whole blood (5 ng/mL)
Do I Have to Take a Field Sobriety Test or Chemical Test?
Field sobriety tests and chemical tests are completely voluntary in the state of Washington. Therefore, you can opt out of the test. Some common field tests conducted by officers include:
Finger to Nose
Rhomberg Balance Test
Walk and Turn
Nystagmus Tests
Standing on One Leg
I’ve Been Arrested for a DUI in Washington State. What Should I Do?
We understand that being arrested is a scary situation to find yourself in. However, there are steps you can take to minimize the impact the arrest will have on your personal record. In most cases, the arrest is the scariest part of the process. Here are some options you can take immediately following your arrest:
Request a Hearing: Try to request a hearing within 7 days of your arrest. Otherwise, you could face having your driver’s license immediately suspended. Once scheduled, the hearing will be with an examiner who will determine what penalties, if any, you’ll face.
If you fail to request a hearing within 7 days of your arrest, your license suspension can last anywhere from 90 days to 2 years and will begin 30 days from the date of your arrest. There will be a number of factors the examiner will consider during your hearing:
Whether or not the officer advised you of your rights and warnings as required by RCW 46.20.308(2)
Whether or not you were under lawful arrest
Whether or not the officer on site had enough reason to believe you were operating, or in actual physical control, of the motor vehicle while under the influence of any alcohol or drugs
What Happens If I’m Convicted of a DUI in Court?
If, during your hearing, you’re convicted of a DUI and the examiner does not favor your side, you will be faced with penalties depending on the severity of the incident and other prior incidents you may have been involved in. The state of Washington may invoke the following penalties for driving under the influence:
Driver’s License Suspension: Your driver’s license is subject to being suspended anywhere from 90 days up to 4 years. This suspension will begin 45 days after the conviction notice was received by the Washington Department of Licensing.
Jail Time: Individuals with a DUI conviction may face jail time in the state of Washington anywhere from 1 day up to 1 year. This varies depending on the number of offenses and other factors.
*Please note that these penalties can vary depending on the number of offenses you’ve been convicted of over the last 7 years.
Multiple DUI Offenses
If you are convicted several times for a DUI, the penalties you may face are significantly increased. You’ll want to reach out to a professional defense attorney who can work to reduce, or avoid, certain penalties based on your specific case. Some of the penalties you’re subject to face include:
Jail time
License suspension
Mandatory electronic home monitoring
Required use of an Ignition Interlock Device (IID)
Costly fines
DUI Charges for Minors
A minor will be charged with a DUI for BAC levels greater than .02%. Your underage child can still face severe consequences after being convicted of a DUI even though in some cases it is considered a misdemeanor. Juvenile convictions can be subject to jail time or hefty fines depending on the case. The defense lawyers at Verity Criminal Defense are compassionate, knowledgeable, and can help get your child’s future back on track.
Will I Need to Use an Ignition Interlock Device?
An Ignition Interlock Device is a breathalyzer device placed in a driver’s vehicle. Before operating the vehicle the driver is required to blow into the mouthpiece during which the device will analyze the driver’s breath alcohol concentration. If the concentration is over the legal blood alcohol content (BAC) then the engine will not start and the driver will be unable to operate the vehicle. Whether or not you will be required to utilize one will be dependent on the severity of the DUI incident and other factors.