DUI Laws Washington State

Is a result below .08 still considered DUI?

Yes, you can be convicted of DUI even if your reported breath or blood alcohol concentration was below .08 if the prosecution can still show that your driving was “affected by” alcohol or any drug to any appreciable degree.

Which breath test counts - the one at the roadside or the one at the station?

The roadside (portable) breath test is voluntary and it not admissible at trial. If your case goes to trial, the jury may only consider the reported breath test obtained at the station or jail or mobile BAC van.

Is DUI a misdemeanor or a felony offense?

DUI is a gross misdemeanor unless the person had four or more prior offenses within 10 years, or unless the person had ever been convicted of drug or alcohol related vehicular homicide or assault or felony DUI, in which case DUI is a felony offense. 

What happens if I refused to take a breath test?

If your DUI case goes to trial, the prosecutor likely will use your refusal against you, arguing that it is evidence of a “guilty conscience” in that you knew you would not pass a breath test. Also, DOL will revoke your license administratively for one year (or two years if DOL has suspended or revoked your license for a prior DUI or Physical Control arrest in the last seven years) unless you request and win a hearing to challenge the revocation. Finally, you will face stiffer minimum penalties if you are convicted of the DUI charge, including a two-year license revocation.

What will happen in my case if I live in another state?

If you were arrested for DUI in Washington, the case will be conducted in Washington, in the jurisdiction where you were arrested. If you lose your driving privileges, you will not have driving privileges in Washington, and your home state will learn of the suspension or revocation here and may take action against your license in your home state.  You will be required to return to Washington State for several hearings before your case will be finished.  However, at Callahan Law, we have successfully helped many out-of-state clients resolve their cases with a single court hearing, helping them to get a reduction of the charge and eliminating the need for additional travel to Washington State for their DUI. We cannot promise that this will be possible for every out-of-state client, but we always try our best to accomplish this for our clients.

What are the penalties for a first time offense for DUI in Washington within seven years?

If you receive a DUI conviction rather than a negotiated lesser charge, you potentially face the following penalties, depending on the facts of your case, including whether you refused the breath or blood test and whether you had a high test result:

• 1 or 2 day minimum--364 days maximum in jail (or 15/30 days of electronic home monitoring in lieu of 1 or 2 days in jail, respectively)
• Between $940.50 and $8,845.50 of court costs, fines and various assessments
• 90 day license suspension to 2 year license revocation
• SR22 insurance upon reinstatement
• Ignition interlock requirement following reinstatement (at least 1 year if you have never previously had one, longer if you have previously had one)
• Up to 60 months probation
• Treatment
• Victim Impact Panel

What are the possible consequences of a probation violation on a first time DUI?

If the violation is one for driving without a valid license and insurance, or for refusing to take a breath test upon the reasonable request of law enforcement, or for driving with a breath or blood alcohol concentration of .08 or higher, the mandatory sentence is 30 days of confinement and a 30 day license suspension.  For other probation violations, a judge has the power to whatever remains of the maximum 364 days in jail (assuming the mandatory minimums have been served already). It really depends on the judge, the seriousness of the violation, and what the prosecutor or probation will ask the court to impose.  A good DUI attorney will work with probation and the prosecution in advance to seek to reduce the punishment they will ask the court to impose.

What plea should I enter at arraignment - guilty or not guilty?

You should almost never plead guilty at arraignment. Instead, you should enter a plea of not guilty and consult with a DUI attorney as soon as possible about your next steps. If you can, you should retain a lawyer before arraignment for advice on how to be prepared for possible unexpected circumstances.

Can I be convicted of drugged driving for using a medication as prescribed, an over the counter medication, or marijuana as a medical marijuana cardholder?

Yes. A medical marijuana card may protect against a charge of POSSESSION of marijuana, but it is illegal to drive under the influence of any drug, even a prescribed medication or an over the counter drug, such as cold medicine, if it affected your ability to drive.