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DUI and DWI generally refer to criminal charges for operating a motor vehicle while impaired by alcohol or drugs. In Washington state - including the City of Tacoma and Pierce County - the most common label is DUI, short for driving under the influence. State law sets legal blood alcohol concentration limits, gives law enforcement authority to stop and arrest drivers suspected of impairment, and creates both criminal penalties and separate administrative consequences for driving with a prohibited alcohol level or for refusing testing.
Tacoma is governed by Washington state traffic statutes as enforced by local police, the Washington State Patrol, and local prosecutors. Court cases related to DUI are heard in Tacoma Municipal Court for city ordinance violations and misdemeanors, in Pierce County District or Superior Court for more serious charges, and in state administrative hearings at the Department of Licensing for license suspensions. If you are arrested or cited for DUI, you are facing two related but separate processes: the criminal case and the administrative license action.
A lawyer can make a substantial difference at every stage after a DUI stop or arrest. Common situations where people benefit from legal help include:
- Refusal of a breath or blood test, or a positive test showing BAC at or above the legal limit.
- A traffic stop that led to an arrest after an accident, or where someone was injured or killed.
- Commercial drivers facing loss of a CDL, which can threaten employment.
- Drivers under 21 who face zero-tolerance rules and license consequences.
- Prior DUI convictions that raise the risk of felony charges, longer jail time, and longer license suspensions.
- Conflicting evidence, such as poor police procedure, problems with breathalyzer maintenance or calibration, or unlawful stops that raise constitutional issues.
- Navigating administrative hearings with the Department of Licensing to try to avoid or limit license suspension or to obtain restricted driving privileges such as an ignition interlock requirement.
- Negotiating plea agreements, seeking diversion or treatment programs, or preparing to litigate contested facts at trial.
Key things to know about DUI law that are particularly relevant in Tacoma and Washington state:
- Legal BAC limits - For drivers 21 and older, Washington’s per-se BAC limit is 0.08. Commercial drivers have a lower limit, often 0.04. Drivers under 21 are subject to a lower threshold, commonly a 0.02 or a zero-tolerance policy.
- Implied consent - By driving in Washington you give implied consent to submit to breath or blood testing if lawfully arrested for suspicion of DUI. Refusing testing can trigger an administrative license suspension and other penalties.
- Administrative license actions - Separate from criminal charges, the Department of Licensing may impose an immediate administrative license suspension if you test over the legal limit or refuse testing. You generally have a short window of time to request an administrative hearing to contest that suspension.
- Criminal penalties - DUI penalties range from fines, probation, required alcohol evaluation or treatment, community service, and jail to longer sentences and felony charges for repeat offenses or cases involving serious injury or death.
- Ignition interlock devices - State law frequently requires or allows courts and licensing authorities to impose ignition interlock devices as a condition of restricted driving privileges or reinstatement after suspension.
- Local courts and prosecutors - Tacoma Municipal Court handles city-level matters and many misdemeanor DUI cases. More serious cases or cases with prior convictions are handled in Pierce County courts and, in some cases, Superior Court when felony charges are filed.
For most adult drivers in Washington state the legal per-se limit is 0.08 BAC. Commercial drivers have a lower threshold and drivers under 21 are subject to a much lower limit or zero-tolerance rules. A trained attorney can explain how these limits apply to your situation.
Refusing a lawful test can trigger an administrative license suspension through the Department of Licensing and may be used against you in court. You typically have a short period - often about 7 days - to request an administrative hearing to challenge the suspension. Consult an attorney immediately to preserve your rights and to request that hearing in time.
Yes. An officer can arrest you if they reasonably believe you are impaired by alcohol or drugs even if a breath test is below the per-se limit. Observed impairment, driving behavior, field sobriety tests, or evidence of drug use can lead to arrest and charges.
A first-time DUI may result in fines, probation, mandatory alcohol evaluation or treatment, community service, and possible short jail time depending on the facts. Aggravating circumstances such as high BAC, a crash causing injury, or a prior record increase the likelihood of harsher penalties.
The criminal case is prosecuted by the city or county and can lead to convictions, fines, jail, probation, and criminal records. The administrative action is handled by the state licensing agency and can suspend your driving privileges quickly and independently of the criminal result. You need to address both processes separately - an attorney can coordinate defense strategies for each.
In many cases Washington allows restricted driving privileges under certain conditions, often tied to the use of an ignition interlock device. Eligibility, timing, and requirements vary with the nature of the suspension and prior record, so consult a lawyer to understand your options and to help apply for restricted privileges if available.
Contact an attorney as soon as possible. Prompt action may be required to request an administrative hearing within the required deadline, to preserve evidence, to obtain police reports and body camera footage, and to begin preparing a defense. Many attorneys offer initial consultations to explain options and next steps.
Washington has limited options for setting aside or sealing convictions, and eligibility depends on the offense, sentence, and time since conviction. Some non-conviction results can be eligible for record restriction. An experienced attorney can review your record and explain what remedies may be available.
People who drive for work or hold a commercial driver’s license face increased consequences. A DUI can lead to immediate disqualification from driving commercially, which may result in job loss. Special rules and lower BAC limits apply to commercial drivers. Seek legal advice immediately to assess work-related risks and possible mitigation.
Yes. Breath and blood test results can sometimes be challenged based on how the test was administered, equipment maintenance and calibration, chain of custody for blood samples, or whether proper legal procedures were followed during the stop and arrest. A skilled defense attorney will review testing records and procedures to look for contestable issues.
Resources that can help people facing DUI issues in Tacoma include local and state agencies, court systems, and nonprofit organizations. Useful points of contact include county and municipal courts in Pierce County, the Washington Department of Licensing for administrative matters, the Pierce County Prosecuting Attorney for information about local charging practices, and the Washington State Bar Association for attorney referrals. National organizations and local treatment providers can help with alcohol and substance use evaluations and treatment programs. If you are facing employment issues because of a DUI, contact your human resources department and consult an attorney promptly.
If you or someone you know is dealing with a DUI in Tacoma, here are practical next steps:
- Stay calm and do not speak extensively about the arrest on social media. Limit conversations about the incident to your lawyer.
- Note the deadline for requesting an administrative hearing with the licensing agency and request it immediately if you wish to contest a suspension.
- Obtain copies of the police report, breath or blood test records, and any citations. Your attorney can request these formally if needed.
- Contact an experienced local DUI attorney for an initial consultation. Ask about their experience with Tacoma and Pierce County courts, their approach to administrative hearings, and fee structure.
- If you were injured or others were injured, seek medical care and preserve medical records that may be relevant.
- Consider getting an independent alcohol or substance use evaluation if recommended by counsel or required by the court; participation in treatment can affect sentencing and post-conviction options.
- If you rely on driving for work, inform your employer as advised by counsel and explore temporary alternatives while you address licensing issues.
Facing a DUI can be stressful, but timely action and the right legal support improve your chances of minimizing consequences. An attorney who practices DUI defense in Tacoma and Pierce County can walk you through both the criminal and administrative processes and build a strategy tailored to the facts of your case.
