How long a DUI stays on your record in Washington state depends on whether it is a charge or a conviction.
- If you are convicted of a DUI, it stays on your criminal record for life. The state does not allow a person convicted of a DUI to have the conviction expunged, vacated, or sealed, regardless of the circumstances.
- If you are facing a DUI charge, it may not stay on your record if it does not lead to a conviction. However, if the charge is pending or unresolved, it could still appear on background checks.
If you are facing a DUI charge in Washington state, our Tacoma DUI lawyers can explain what steps you can take next and how the conviction might affect your future.
An Overview of DUI in Washington State
Washington state defines driving under the influence (DUI) as operating a vehicle while impaired by alcohol, drugs, or a combination of both. DUI charges are taken very seriously and can result in severe penalties.
A DUI-related charge can occur if your blood alcohol concentration (BAC) exceeds the legal limit, which varies based on the type of driver:
- 0.08% for most drivers
- 0.04% for commercial drivers while driving a commercial vehicle
- 0.02% for drivers under 21
Even if your BAC is below the legal limit, you can still be charged with DUI if law enforcement believes your driving is impaired by alcohol or drugs.
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Washington State DUI Penalties
If you are convicted on a DUI charge in Washington state, the penalties can vary depending on whether it’s your first offense or if you have previous DUI convictions. Penalties for DUI can include fines, jail time, and a suspended driver’s license, even for first-time offenders.
The state also has strict laws regarding driving under the influence of drugs, with similar penalties as an alcohol-related DUI.
Here’s an overview of the penalties you may face:
First-Time DUI Offense
A first-time DUI conviction can result in:
- Up to 364 days in jail
- Fines of up to $5,000
- A license suspension/revocation (90 days to up to 1 year)
- Requirement for an Ignition Interlock Device (IID) for one year
- Probation for up to five years
Second DUI Offense
If it’s your second DUI within seven years, the penalties increase:
- Mandatory 30 to 45 days jail time and up to 364 days
- Mandatory Electronic Home Monitoring (EHM) for 60 to 90 days
- Fines of up to $5,000
- A two-year license suspension
- Mandatory IID installation for at least five years
- Probation for up to five years
- Loss of the right to possess a firearm
- Loss of the right to move freely out of state (“Interstate Compact”)
Third or Subsequent DUI Offense
A third DUI within seven years carries the most severe penalties:
- Mandatory 90 to 120 days jail time and up to 364 days, with house arrest as an alternative in some cases
- Electronic Home Monitoring (EHM) for 120 to 150 days
- Fines of up to $5,000
- License suspension for three years
- Mandatory IID installation for at least 10 years
- Probation for up to five years
It should also be noted that if you receive a fourth DUI within 10 years, the charge escalates to a felony, which comes with far more serious consequences, including possible prison time and lifelong implications.
Additional Penalties
You may also face consequences for a DUI conviction, including:
- Higher auto insurance rates
- 24/7 alcohol monitoring
- Community service
- Alcohol or drug treatment programs
- Travel restrictions, especially for international travel (Canada)
In Washington state, the penalties for driving under the influence increase with each subsequent conviction. Even a first–time DUI conviction can significantly affect your life, including your ability to drive and work.
What are the Consequences of a DUI Staying on Your Record in WA?
When a DUI stays on your record in Washington state, the consequences can include:
- Higher insurance rates: A DUI on your driving record for five years can increase your insurance premiums significantly.
- Harsher penalties for future DUIs: If you’re convicted of another DUI within seven years, it will count as a second offense, which leads to stricter penalties like longer jail time, higher fines, and a longer license suspension.
- Limited job opportunities: Some employers may be hesitant to hire someone with a DUI on their criminal record.
- Restricted travel: A DUI conviction can affect your ability to travel to certain countries, like Canada, which has strict rules for travelers with DUI convictions, as well as your freedom to move to another state (second or more offense).
- Effect on professional licenses: If you hold a professional license, a DUI could affect your ability to keep or renew it, depending on the industry.
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Can You Get a DUI Conviction Expunged or Sealed in WA?
No, you cannot get a DUI conviction expunged (vacated) or sealed in Washington state. Washington has strict laws regarding DUI offenses, so the state does not allow DUI convictions to be removed from your criminal record.
The state wants to ensure DUI offenses remain visible for future legal proceedings and background checks, especially since harsher penalties apply for repeat offenses.
This policy also helps to track repeat offenders. Since harsher penalties apply for subsequent DUI convictions, having the offense stay on your record allows courts to consider prior convictions when determining penalties for new offenses.
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How Our Lawyer Can Help with a Washington State DUI Case
A lifelong criminal record can have lasting consequences, so defendants must fully understand how a DUI conviction can affect them before pleading guilty or accepting a plea deal.
If you or a loved one is facing a DUI, our Tacoma criminal defense lawyers can protect your rights and build your defense.
Hiring an attorney to represent you means you will have a legal professional handling your entire case. This means:
- Reviewing evidence: Our lawyers will examine the police reports, breathalyzer results, and any video footage to check for errors or violations of your rights.
- Challenging the traffic stop: If the police did not have a valid reason to pull you over, we may be able to get the charges reduced or dismissed.
- Challenging the arrest: If the police did not have probable cause at the time you were arrested, we may be able to negotiate to get the charges reduced or dismissed, or in some cases get the case thrown out completely.
- Negotiating a plea deal: In some cases, we can negotiate for lesser charges or penalties, such as reduced fines or avoiding jail time.
- Representing you in court: If your case goes to trial, our attorneys will build a defense strategy and present your case in court to fight the charges.
Unsure How Long a DUI Stays on Your Record in WA? Call Dan Next!
How long a DUI stays on your record in WA depends on whether it is a charge or a conviction. Whether you are facing a DUI charge or already have a conviction, we can review how state law affects your potential case and guide you through your legal options and next steps.
Our team’s DUI attorneys are former prosecutors who can help you or your loved one through a DUI case. Call NextLaw today to learn more about us and request a free consultation.
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