DUI Defense

RCW 46.61.502

Driving Under The Influence (DUI)

If you are arrested for driving under the influence (DUI) or driving while intoxicated (DWI) it can be a very troubling experience. Washington State has some of the toughest DUI laws in the nation and the penalties can be severe. A DUI arrest will start a twofold process of governmental action or intervention into your personal affairs. Law enforcement will refer your arrest over to (I) criminal courts or a prosecutor’s office to begin the Criminal Proceedings and (II) to the Department of Licensing (DOL) to begin Administrative Proceedings.

I. Criminal Proceedings

Criminal Proceedings of a DUI may lead to jail, confinement, electronic home detention or electronic home monitoring, fines, ignition interlock devices, alcohol or drug monitoring, probation, court supervision, travel restrictions or other severe penalties and consequences. Criminal proceedings will begin immediately with the setting of bail or the scheduling of your first appearance, if you are taken into custody.

DUI Consequences, DUI Sentencing Grid.

II. Administrative Proceedings

Administrative Proceedings of a DUI start with the Department of Licensing (DOL) and can affect your right and privilege to drive. The DOL will be notified by law enforcement of a DUI arrest and will begin the administrative process. If you do not request an administrative hearing right away you will lose your license in some fashion, either a suspension or revocation. This will of course lead to additional fees imposed by the DOL and perhaps third party companies should you need to obtain SR-22 Insurance or an ignition interlock license.

How Does Washington State Define DUI?

The state of Washington defines Driving Under the Influence (DUI) as a criminal offense for any person who drives a motor vehicle while under the influence of alcohol or drugs. It’s considered a per se violation for anyone who drives under the influence of either alcohol or marijuana with a certain amount of the substance in their system. Anyone who has an alcohol concentration of .08 or higher in their breath or blood is considered over the legal limit. For marijuana, the legal limit is 5.00 nano-grams of THC. It is important to know you don’t necessarily have to be over those limits to be found in violation of the law. If you’re found to have consumed alcohol or drugs and your ability to drive is affected, then you can be found to be in violation of the law. Read More