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Find a Lawyer in WashingtonAbout DUI & DWI Law in Washington, United States
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) laws in Washington are designed to promote public safety by prohibiting the operation of vehicles under the influence of alcohol, marijuana, or other drugs. In Washington, DUI is the most common term used in legal proceedings, applying to situations where a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by drugs or alcohol to any degree. The state enforces strict-zero tolerance policies for drivers under 21 years old, as well as enhanced penalties for repeat offenses and cases involving high BAC or injuries.
Why You May Need a Lawyer
DUI and DWI charges are serious and can result in significant legal consequences including heavy fines, jail time, license suspension, mandatory treatment programs, and a permanent criminal record. Here are some common situations where legal help is essential:
- If you have been arrested or charged with a DUI or DWI in Washington
- You have prior DUI or DWI convictions
- Your arrest involved an accident, injury, or death
- The incident occurred with a minor in the vehicle
- You refused a breathalyzer or field sobriety test
- You are concerned about your immigration status or employment record
- You are unsure of your legal rights or how to handle court requirements
An experienced DUI attorney can help navigate the complex legal process, challenge evidence, negotiate reduced charges, and ensure your rights are protected throughout the proceedings.
Local Laws Overview
Washington laws on DUI and DWI are stringent and carry mandatory minimum penalties. Here are some key aspects of local laws you should know:
- Zero Tolerance for Minors: Individuals under 21 can be charged with DUI for a BAC of 0.02 percent or higher.
- Per Se BAC Limit: For adults, the legal BAC limit is 0.08 percent. Commercial drivers are subject to a lower limit of 0.04 percent.
- Drug DUI: Impairment from marijuana (THC) or other drugs, including prescription medications, can also result in charges. The legal THC limit is 5 nanograms per milliliter of blood.
- Implied Consent: By driving in Washington, you have implicitly agreed to submit to breath or blood tests. Refusal can result in license suspension and be used as evidence against you.
- Administrative License Suspension: The Department of Licensing can suspend your license independently of criminal court proceedings if you fail or refuse a chemical test.
- Ignition Interlock Devices: Convicted drivers may be required to install ignition interlock devices (IID) in their vehicles.
- Multiple Offenses: Penalties increase for each subsequent DUI offense within a seven-year period.
- Mandatory Minimum Sentences: Washington law requires minimum jail time, fines, and license suspension for convicted offenders.
Frequently Asked Questions
What is the legal BAC limit for drivers in Washington?
For drivers aged 21 and over, the legal limit is 0.08 percent BAC. Commercial drivers have a limit of 0.04 percent, and those under 21 are limited to 0.02 percent.
What happens if I refuse a breath or blood test?
Refusing a chemical test can lead to automatic license suspension for at least one year and may be used as evidence in court.
Can I be charged with DUI for drugs other than alcohol?
Yes, DUI charges in Washington also apply to impairment from marijuana, prescription medication, and other drugs.
What are the penalties for a first-time DUI conviction?
Penalties may include jail time from one day to one year, fines from approximately 990 dollars to over 5,000 dollars, license suspension, and installation of an ignition interlock device.
Will I lose my license after a DUI arrest?
Your license can be suspended administratively by the Department of Licensing even if you are not convicted in court, especially if you failed or refused a test.
Is it possible to have a DUI charge reduced or dismissed?
Depending on the circumstances and the evidence, a qualified attorney may negotiate for reduced charges, such as negligent driving, or even a dismissal in certain cases.
How long does a DUI stay on my record?
A DUI conviction remains on your driving record for 99 years in Washington and cannot be expunged.
Can I drive to work or school if my license is suspended?
You may be eligible for a restricted driver's license, such as an Ignition Interlock License, to drive to work, school, or medical appointments.
Do I have to go to jail for a DUI in Washington?
Washington law imposes mandatory minimum jail sentences for DUI convictions, but alternatives like electronic home monitoring may be available in certain circumstances.
What should I do immediately after a DUI arrest?
Contact an experienced DUI attorney immediately to review your case, represent you at hearings, and help protect your rights.
Additional Resources
If you are seeking more information or support regarding DUI and DWI matters in Washington, consider these resources:
- Washington Department of Licensing (DOL) - Information on driver's license suspensions and hearings
- Washington State Courts - Details on court procedures and DUI penalties
- Washington Traffic Safety Commission - Public education on DUI prevention
- Local Public Defender's Offices - Legal assistance for those who qualify
- Washington State Bar Association - Legal resources and lawyer referral services
- Substance abuse and treatment providers - Support in meeting court-ordered treatment requirements
Next Steps
If you have been charged with DUI or DWI in Washington, act quickly to protect your rights and understand your options. Here are practical steps you can take:
- Contact a qualified DUI attorney as soon as possible
- Request a hearing with the Department of Licensing to contest any license suspension (this must be done within seven days of your arrest)
- Attend all court hearings and administrative proceedings
- Gather any documents or evidence related to your arrest, such as police reports or witness statements
- Follow your attorney's advice regarding plea negotiations, treatment programs, and compliance with court requirements
- Seek support from local organizations or treatment providers if needed
Taking these steps can help you navigate the legal system more effectively and may improve the outcome of your case.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.