Were you recently arrested for driving under the influence? Known as DUI, Washington State takes these charges very seriously. Even a first-time offense can result in heavy fines, license suspension, or jail time, all of which can affect your life, both now and in the future.
As much as DUI charges might feel like the end of the world, you have options, and an Auburn criminal defense lawyer can advocate for your legal rights. It all starts with reaching out to an Auburn DUI lawyer at NextLaw.
With 100 years of combined experience and counting, we’re here to protect your rights and advocate for justice in your case. We’re here for you.
Definition of DUI in Washington
In Washington, a driver may be charged with DUI under several conditions. According to RCW 46.61.502, a person is guilty of driving under the influence if they operate a motor vehicle under the following conditions:
- With a blood alcohol concentration (BAC) of 0.08% or higher for adults 21 and older
- With a THC concentration of 5.00 nanograms per milliliter or higher of whole blood
- While affected by alcohol, marijuana, or any other drugs, regardless of concentration
CDL drivers are held to a stricter BAC limit of 0.04% when driving a commercial vehicle. Additionally, Washington State has a zero-tolerance policy for drivers under the age of 21, making it illegal for minors to operate a vehicle with any measurable alcohol in their system.
For a free legal consultation with a dui lawyer serving Auburn, call (253) 238-2558
DUI Arrest and Blood Alcohol Testing
Washington adheres to an implied consent law. This means that by operating a vehicle on public roads, drivers automatically consent to breath alcohol testing for alcohol or drugs if they are lawfully arrested for suspicion of DUI.
Refusing a breath or blood test can lead to automatic license suspension by the Washington Department of Licensing (DOL), regardless of whether the driver is ultimately convicted of DUI. Also, if you’re arrested, the police officer will typically conduct a field sobriety test.
This is typically followed by a breath test using a Draeger Alcotest or similar device. In cases involving suspected drug impairment or refusal of the breath test, the officer might want to obtain a warrant for a blood test. In that situation, your DUI lawyer in Auburn can help.
Auburn DUI Lawyer Near Me
Call: (253) 238-2558Criminal Penalties for DUI in Washington
Washington State law imposes penalties for DUI based on a tiered structure. It considers prior offenses within a seven-year period and whether the BAC was 0.15% or higher.
First Offense DUI
These are the consequences for either a BAC < 0.15% or no test result:
- Minimum 24 hours in jail or 15 days of electronic home monitoring
- Fines between $990.50 and $5,000
- 90-day license suspension
- Ignition interlock device for at least one year
- Alcohol and drug education course or treatment program
First Offense DUI
These are the consequences for either a BAC ≥ 0.15% or a refusal:
- Minimum 2 days in jail or 30 days of electronic home monitoring
- Fines up to $5,000
- License suspension for one year
Second Offense Within Seven Years
These are the consequences for a second DUI within an 84-month period:
- Jail time ranging from 30 days to 45 days
- Anywhere from 60 to 90 days of electronic home monitoring
- Fines between $1,245.50 and $5,000
- Two-year license revocation
- Ignition interlock requirement for five years
- Mandatory enrollment in a state-certified alcohol or drug treatment program
Third or Subsequent Offense
These are the consequences for your third DUI or any DUI charge after that:
- Mandatory 90 days in jail, up to 364 days in total
- Minimum fines of $2,095.50
- License revocation for three years
- Ignition interlock for 10 years
- Possible vehicle seizure and forfeiture
The following aggravating factors can increase the penalties you face:
- Driving with a child in the vehicle
- Causing an accident with injuries
- Being involved in a DUI with a BAC far exceeding the legal limit
Click to contact our Auburn Criminal Defense Lawyers today
Administrative Penalties and DOL Hearings
In addition to criminal penalties, drivers who are arrested for DUI often face administrative actions from the Washington State Department of Licensing. If a person either fails a BAC test or refuses to take one, the DOL will begin the process of suspending their license automatically.
Drivers have seven days from the date of arrest to request a hearing with the DOL in an effort to challenge the suspension. Meanwhile, if a hearing is not requested or the appeal is unsuccessful, the DOL will suspend the driver’s license for the period dictated by law.
This suspension can either overlap or run concurrently with any other suspension imposed by the court. From there, drivers must also complete certain conditions before their license is reinstated:
- Pay a reissue fee
- Provide proof of financial responsibility via SR-22 insurance
- Install an ignition interlock device, if required
Complete a Free Case Evaluation form now
Get the Legal Representation You Deserve by Calling Our Auburn DUI Lawyers as Soon as Possible
Are you being criminally charged due to suspicion of driving under the influence? Call Dan Next. A conviction can follow you for years and affect both your personal and professional life in many ways, but there’s still hope.
At NextLaw, our DUI lawyers in Auburn are former prosecutors who have overseen over 100 jury trials. We are ready to serve as your trusted legal counsel, explaining the details of your situation and fighting for your rights and future. We believe in justice, and we’re here to pursue it on your behalf.
Call or text (253) 238-2558 or complete a Free Case Evaluation form