Washington DUI, Drunk Driving Arrest, Legal Information, DUI-OWI Lawyers

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Washington Drinking & Driving Penalty Overview

DRINKING & DRIVING PENALTIES AS OF JUNE 10, 2004

I. CRIMINAL CONVICTIONS FOR DUI

A. FIRST OFFENSE FOR DUI

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. JAIL TIME: 1 TO 365 DAYS INCLUSIVE (1 DAY JAIL MAY CONVERT TO 15 DAYS EHM )
B. FINES: $780 TO $8125 ($350 PLUS COSTS AND ASSESSMENTS)
C. LICENSE: 90 DAY MANDATORY LICENSE SUSPENSION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
D. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR.

2. WITH ALCOHOL LEVEL OF .150 OR MORE OR A "REFUSAL"

A. JAIL TIME: 2 TO 365 DAYS INCLUSIVE (2 DAYS JAIL MAY CONVERT TO 30 DAYS EHM1)
B. FINES: $1020 TO $8125 ($500 PLUS COSTS AND ASSESSMENTS)
C. LICENSE FOR ALCOHOL LEVEL OF .150 OR MORE: 365 DAY MANDATORY LICENSE SUSPENSION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
LICENSE FOR A "REFUSAL": 2 YEAR MANDATORY LICENSE SUSPENSION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS.
D. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2

B. ONE PRIOR CONVICTION WITHIN 7 YEARS

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. JAIL TIME: 30 DAYS TO 365 DAYS INCLUSIVE
B. 60 DAYS EHM1
C. FINES: $1020 TO $8125 ($500 PLUS COSTS AND ASSESSMENTS)
D. LICENSE: TWO YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE

2. WITH ALCOHOL LEVEL OF .150 OR ABOVE OR A "REFUSAL"

A. JAIL TIME: 45 TO 365 DAYS INCLUSIVE
B. 90 DAYS EHM1
C. FINES: $1420 TO $8125 ($750 PLUS COSTS AND ASSESSMENTS)
D. LICENSE FOR ALCOHOL LEVEL OF .150 OR ABOVE: 900 DAY MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
LICENSE FOR A "REFUSAL": 3 YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E. IGNITION INTERLOCK DEVICE FOR MINIMUM OF ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE

C. TWO OR MORE CONVICTIONS WITHIN 7 YEARS3

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. JAIL TIME: 90 TO 365 DAYS INCLUSIVE
B. 120 DAYS EHM1
C. FINES: $1820 TO $8125 ($1000 PLUS COSTS AND ASSESSMENTS)
D. LICENSE: THREE YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE

2. WITH ALCOHOL LEVEL OF .150 OR ABOVE OR A "REFUSAL"

A. JAIL TIME: 120 TO 365 DAYS INCLUSIVE
B. 150 DAYS EHM1

C. FINES: $2525 TO $8125 ($1500 PLUS COSTS AND ASSESSMENTS)
D. LICENSE: FOUR YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE

D. MANDATORY CONDITIONS OF FIVE (5) YEAR PROBATION WITH CONVICTION

1. AS A CONDITION OF PROBATION THE JUDGE SHALL ORDER:

A. NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
B. NOT REFUSE A BLOOD/BREATH TEST
C. NOT HAVE A .08 OR HIGHER BLOOD/BREATH LEVEL WITHIN TWO HOURS OF DRIVING

2. A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.

II. ADMINISTRATIVE LICENSE REVOCATION BY THE DEPARTMENT OF LICENSING

A. REFUSALS AND SPECIFIED ALCOHOL READINGS TRIGGER LOSS OF LICENSE BY ADMINISTRATIVE ACTION WITH THE DEPARTMENT OF LICENSING INDEPENDENT OF ANY CRIMINAL PROSECUTION.

B. YOU ONLY HAVE 30 DAYS FROM DATE OF ARREST TO REQUEST A HEARING (ALONG WITH $100) TO CONTEST THIS ADMINISTRATIVE ACTION AS IT RELATES TO YOUR LICENSE.

C. REFUSALS

1. ADULTS (21 YEARS AND OVER)

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT WITHIN 7 YEARS: 1 YEAR REVOCATION
B. WITH PRIOR REFUSAL OR OTHER INCIDENT4 WITHIN 7 YEARS: 2 YEAR REVOCATION
(CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)

2. DRIVERS UNDER 21YEARS OF AGE

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT4 WITHIN 7 YEARS: 1 YEAR REVOCATION
B. WITH PRIOR REFUSAL OR OTHER INCIDENT4 WITHIN 7 YEARS: 2 YEAR REVOCATION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER (CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)

D. ARREST FOR DUI WITH AN ALCOHOL LEVEL OF .08 OR ABOVE

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT4 SINCE 7/1/94: 90 DAY LICENSE SUSPENSION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION

2. WITH PRIOR ARREST AND INCIDENT4 WITHIN 7 YEARS: 2 YEAR LICENSE REVOCATION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION

E. IF UNDER 21 YEARS OF AGE AND YOUR ALCOHOL LEVEL IS .02 OR HIGHER

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT4 WITHIN 7 YEARS: 90 DAY LICENSE SUSPENSION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION

2. WITH PRIOR INCIDENT4 WITHIN 7 YEARS: 1 YEAR REVOCATION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION

DUI INFO\Drinking-Driving Penalties June 10 2004.

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Washington Drinking & Driving License Suspensions Law Overview

DRINKING & DRIVING LICENSE SUSPENSIONS AS OF JANUARY 1, 1999

I. CRIMINAL CONVICTIONS FOR DUI (RCW 46.61.5055)

A. FIRST OFFENSE FOR DUI

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. LICENSE: 90 DAY MANDATORY LICENSE SUSPENSION [RCW 46.61.5055(6)(A)(I)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)]

B. OCCUPATIONAL LICENSE IS AVAILABLE AFTER 30 DAYS [RCW 46.20.391(1)]

2. WITH ALCOHOL LEVEL OF .150 OR MORE OR REFUSE BREATH TEST

A. LICENSE: 365 DAY MANDATORY LICENSE SUSPENSION [RCW 46.61.5055(6)(B)(II)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)]

B. OCCUPATIONAL LICENSE IS AVAILABLE AFTER 30 DAYS [RCW 46.20.391(1), RCW 46.61.5055(7)]

C. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT [RCW 46.61.5055(1)(B)(III), RCW 46.20.720(2) & (3)]

B. ONE PRIOR CONVICTION WITHIN 7 YEARS5

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. LICENSE: TWO YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(6)(A)(II)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)]

B. NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391(3)(B)]

C. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.61.5055(2)(1)(A)(III), RCW 46.20.720(2)&(3)]

2. WITH ALCOHOL LEVEL OF .150 OR ABOVE OR A "REFUSAL" [RCW 46.61.5055(6)(B)(II)]

A. LICENSE: 900 DAY MANDATORY LICENSE REVOCATION [RCW 46.61.5055(6)(B)(II)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)]

B. NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391(3)(B)]

C. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.61.5055(2)(B)(III), RCW 46.20.720(2) & (3)]

C. TWO OR MORE CONVICTIONS WITHIN 7 YEARS1

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. LICENSE: THREE YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(6)(A)(III)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)]

B. NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.3913(B)]

C. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.61.5055(3)(A)(III), RCW 46.20.720(2) & (3)]

2. WITH ALCOHOL LEVEL OF .150 OR ABOVE OR A "REFUSAL"

A. LICENSE: FOUR YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(6)(B)(III)] FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(7)].

B. NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391(3)(B)]

C. IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.61.5055(3)(B)(III), RCW 46.20.720 (2)&(3)]

II. ADMINISTRATIVE LICENSE REVOCATION BY THE DEPARTMENT OF LICENSING [RCW 46.20.308]

A. REFUSALS AND SPECIFIED ALCOHOL READINGS TRIGGER LOSS OF LICENSE BY ADMINISTRATIVE ACTION WITH THE DEPARTMENT OF LICENSING INDEPENDENT OF ANY CRIMINAL PROSECUTION. RCW 46.20.308

B. SUCH ADMINISTRATIVE LICENSE ACTION, SUSPENSION OR REVOCATION WILL RUN CONSECUTIVE TO (I.E., IN ADDITION TO) TIME OF LICENSE SUSPENSION OR REVOCATION DUE TO THE CRIMINAL CONVICTIONS OUTLINED ABOVE IF BASED UPON A REFUSAL TO PROVIDE A BREATH SAMPLE. [RCW 46.20.3101(I)(B)]

C. YOU ONLY HAVE 30 DAYS FROM DATE OF ARREST TO REQUEST A HEARING (ALONG WITH $100) TO CONTEST THIS ADMINISTRATIVE ACTION AS IT RELATES TO YOUR LICENSE. THE SUSPENSION WILL TAKE EFFECT 61 DAYS FROM DATE OF ARREST

D. REFUSALS:

1. ADULTS (21 YEARS AND OVER)

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT6 WITHIN 7 YEARS: 1 YEAR REVOCATION. [RCW 46.20.3101(1)(A)] NO OCCUPATIONAL LICENSE IS AVAILABLE. [RCW 46.20.391]

B. WITH PRIOR REFUSAL OR OTHER INCIDENT2 WITHIN 7 YEARS: 2 YEAR REVOCATION. [RCW 46.20.3101(1)(B)] NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391]

2. DRIVERS UNDER 21YEARS OF AGE

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT2 WITHIN 7 YEARS: 1 YEAR REVOCATION. [RCW 46.20.3101(1)(A)] NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391]

B. WITH PRIOR REFUSAL OR OTHER INCIDENT2 WITHIN 7 YEARS: 2 YEAR REVOCATION [RCW 46.20.3101 (1)(B)] NO OCCUPATIONAL LICENSE IS AVAILABLE. [RCW 46.20.391]

E. ARREST FOR DUI WITH AN ALCOHOL LEVEL OF .O8 OR ABOVE

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT2 SINCE 7/1/94: 90 DAY LICENSE SUSPENSION. [RCW 46.20.3101 (2)(A)] . AN OCCUPATIONAL LICENSE IS AVAILABLE AFTER 30 DAYS [RCW 46.20.391]

2. WITH PRIOR ARREST AND INCIDENT2 WITHIN 7 YEARS: 2 YEAR LICENSE REVOCATION. [RCW 46.20.3101(2)(B)] NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391]

F. IF UNDER 21 YEARS OF AGE AND YOUR ALCOHOL LEVEL IS .02 OR HIGHER

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT2 WITHIN 7 YEARS: 90 DAY SUSPENSION [RCW 46.20.3101(3)(A)]. OCCUPATIONAL LICENSE IS AVAILABLE AFTER 30 DAYS [RCW 46.20.391(1)]

2. WITH PRIOR INCIDENT2 WITHIN 7 YEARS: 1 YEAR SUSPENSION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER [RCW 46.20.3101(3)(B)]. NO OCCUPATIONAL LICENSE IS AVAILABLE [RCW 46.20.391]

III. WASHINGTON IS A MEMBER OF THE INTERSTATE COMPACT UNDER RCW 46.21.010. WASHINGTON WILL NOT ACKNOWLEDGE OR SUSPEND A RESIDENT'S LICENSE BASED SOLELY UPON ADMINISTRATIVE ACTION BY A LICENSING AUTHORITY FROM ANOTHER STATE. WASHINGTON WILL ACKNOWLEDGE AND ENFORCE A SUSPENSION OF A RESIDENT'S LICENSE BASED UPON A CONVICTION FROM ANOTHER STATE AND WILL TAKE ACTION AGAINST THE RESIDENT'S LICENSE AS IF THEY WERE CONVICTED IN WASHINGTON.

IV. IN CONFORMANCE WITH RCW 46.21.010, THE STATE OF WASHINGTON WILL NOTIFY AN OUT-OF-STATE DRIVER'S LICENSING AUTHORITY OF THEIR CONVICTION FOR AN OFFENSE UNDER WHICH THEIR PRIVILEGE TO DRIVE IN WASHINGTON IS SUSPENDED.

5 A prior conviction is defined as DUI, physical control, vehicular homicide/assault convictions, deferred prosecutions or Reckless driving, Reckless Endangerment, Negligent Driving First Degree reduced from a DUI within the previous 7 years. "Seven years" is measured from the date of prior arrest to the date of the current arrest. RCW 46.61.5055(11)

6 Incident is an arrest which resulted in DOL Administrative Action for either refusing or providing breath/blood samples.

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Washington DUI/OUI/DWI Defense Lawyers DUI Procedure Overview

The following information is provided to you to assist in understanding your legal situation.

Constitutional Rights

Your principal constitutional rights as a criminally accused:

(1) You have the right to have your lawyer present with you at all stages of the proceedings;

(2) You have the right to a public trial by an impartial jury in the country where the crime is alleged to have been committed;

(3) You have the right to remain silent before and during trial. You need not testify against yourself;

(4) You have the right at trial to hear and question witnesses who testify against you;

(5) You have the right at trial to have witnesses testify for you;

(6) You have the right to appeal a determination of guilt after a trial;

(7) You are presumed innocent until the charge is proven beyond a reasonable doubt or you enter a plea of guilty;

Burden of Proof

In order to convict you of a first offense DUI, the State must establish beyond a reasonable doubt that on or about the date, place, and time alleged you were EITHER:

(a) driving while affected by intoxicating liquor and/or drugs to any appreciable degree,
OR
(b) having a .08 percent of alcohol in your breath within two hours of driving.

Penalties

If you are convicted or plead guilty, the penalties for DUI can be substantial. Also, there can be additional administrative sanctions with the Department of Licensing.

Speedy Trial

You have a right to be tried not more than 90 days from the first Court appearance (60 days if you are being held in jail). If your case is not finalized within the above time frames, there is a possibility of having the case dismissed.

With the "hard-line" approach being taken by the prosecuting attorney's office regarding plea bargaining on DUI's, the court docket can be quite crowded. The Speedy Trial right is an important one and one that we do not want to waive unless absolutely unavoidable.

Legal Fees:

You have a right to know how much you will be charged, how the fee is computed, and to know how the fees are to be paid.

Deferred Prosecution:

Based upon the belief that a DUI may be the product of alcoholism, drug addiction, or mental health issues, Washington State law empowers the judge to order treatment as part of the sentencing for this crime. Optionally, one may petition the Court for a deferred prosecution, admitting alcoholism, drug addition, or mental health problems and requesting treatment in lieu of prosecution.

The granting of a deferred prosecution is wholly discretionary with the Court. If granted, however, an extensive plan of treatment is ordered in lieu of the punishments previously outlined. The cost of treatment must be borne by you or your medical insurance.

The prosecution would be deferred for a period of five years. One admits driving while intoxicated. After successful completion of the treatment plan and no further convictions, the charge is dismissed. If, however, there is a failure of the program or a new conviction, then a finding of guilty is entered. If you have completed the deferred prosecution and the charge is dismissed but you are convicted of a similar offense within seven years, the completed deferred prosecution will be used as if it is a conviction for mandatory minimum sentencing on the new charge.

A deferred prosecution may only be granted once in your lifetime. The deferred prosecution program may or may not be suitable for your particular situation.

What to Expect Procedurally from our Washington DUI/OUI/DWI Defense Lawyers:

The first thing we do is notify the government authorities that we are your lawyers, and we begin gathering up the material necessary for us to properly evaluate and advise you regarding your case.

You must request a hearing with the Department of Licensing within 30 days of your arrest to avoid an automatic administrative suspension of your privilege to drive. The request must include a $100 fee. If you make such a request, the hearing must be held within 60 days of your arrest.

We will forward to you copies of documents, such as the notice of appearance and plea of not guilty we send to the prosecuting attorney and to the clerk of the court on the criminal case. These documents notify the court and the prosecutor that we have been retained to represent you. We will also forward copies of the demand for discovery we send to the prosecuting attorney. These documents request disclosure of all evidence the prosecutor intends to use against you to prove the case in the event of trial.

When the reports come in, we will schedule a time when we will get together, either in person or by phone, to review the evidence. At the conclusion of that conference, we will lay out the strengths and weaknesses of your case and will outline each of your options. You will ultimately make a decision regarding which way you want to proceed with your case. At a minimum, there will be one court hearing. There are usually two, and if the matter proceeds to trial, there will be more.

Court Dates/Administrative Hearings/Appointments:

From time to time, you will receive notices of various Court dates and administrative hearings with the Department of Licensing. Your personal appearance for all scheduled court dates and hearings is mandatory. An unexcused failure to appear may result in the waiver of pre-trial motions, the loss of the right to a speedy trial, subject you to an additional citation for that offense, result in forfeiture of bail, the issuance of a bench warrant for your arrest, and/or loss of your privilege to drive.

Court cases are generally set for trial between two and three months after the citation is filed with the Court. A pretrial hearing and motion hearing are held prior to a trial date. The lawyers have some control over this process. Administrative hearings with the Department of Licensing are held within 60 days of your arrest.

Being charged with the offense of DUI is a serious legal matter.

• Until your case is finalized in court, you should not discuss your case with anyone other than your lawyer.

• If you are contacted by the police or anyone else, you should decline discussing the case without the presence of your lawyer.

• You should never attempt to contact witnesses who have been listed to testify against you. This can sometimes be misinterpreted as an effort to intimidate or influence such witnesses' testimony and can have disastrous consequences.

• If you believe that witnesses may actually be helpful to your case, make a note of the way in which you think they may help and tell your lawyer about it. This will protect you from any unfair claims with respect to such witnesses.

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