What Happens When You Get a DUI in WA?

A DUI charge doesn’t just lead to a court date; it can throw your entire life into a whirlwind of chaos. When you get a DUI in Washington, many things can happen, from losing your license to spending time in jail. The consequences hit fast and hard, and the process doesn’t wait until you’re ready.

Whether this is your first DUI or not, the impact reaches your finances, your freedom, and your future. A Tacoma DUI lawyer helps you understand what’s coming and how to respond.

The DUI Arrest Process in Washington

Everything starts with a traffic stop, roadside test, or sobriety checkpoint. If the officer believes you’re impaired, you’ll likely be asked to take a Dräger Alcotest breath test. Refusing this exam triggers penalties under Washington’s implied consent law (RCW § 46.20.308).

If you’re arrested, you’ll be taken into custody and booked. That includes fingerprints, a mugshot, and a mandatory blood or breath test. Depending on your record and the situation, you may be held overnight or released on bail.

What happens next splits into two tracks: one with the Washington Department of Licensing (DOL) and the other in criminal court.

License Suspension Happens Fast

Once you’re arrested, the clock starts ticking on your driver’s license. The DOL will mail a notice of suspension, often within days. You have only seven days to request a hearing to contest the suspension. If you don’t act quickly, your license will likely be suspended for 90 days or longer, even before you set foot in court.

An attorney can help you request the hearing and prepare for the process, which is separate from any court proceedings. Remember that even if you win your criminal case, the DOL can still suspend your license unless you successfully challenge it.

Criminal Charges and Your First Court Appearance

Within days or weeks of your arrest, you’ll be called into court for an arraignment. This is your first chance to hear the charges and enter a plea. The judge may set bail, order an ignition interlock device, or place other conditions on your release.

Washington classifies most DUIs as gross misdemeanors, punishable by up to 364 days in jail and a $5,000 fine. But that doesn’t mean the penalties are light, especially if your BAC was 0.15 or higher or you refused a breath or blood test.

Some cases rise to the level of felony DUI, under RCW § 46.61.502, if you are arrested for DUI and already have three or more prior offenses within 10 years, or a past felony DUI on your record.

Mandatory Minimum Sentences in Washington

Even a first-time DUI conviction comes with mandatory penalties. The exact sentence depends on your BAC, whether you refused a test, and your record.

For a first offense with a BAC under 0.15:

• Minimum 24 hours in jail or 15 days of home monitoring
• $990.50 minimum fine
• 90-day license suspension
• Ignition interlock device for 1 year
• Alcohol/drug assessment and treatment

If your BAC was 0.15 or higher or you refused testing, the jail time increases to two days (or 30 days of electronic home monitoring), and the license suspension increases to one year or more.

How Prior Convictions Affect Your Case

Washington doesn’t use the term “priorable,” but DUI laws still factor in previous convictions. Under RCW § 46.61.5055, any DUI or reduced charge (like Reckless Driving or Negligent Driving 1°) that happened within the last seven years counts as a prior offense for mandatory minimum sentencing.

However, prosecutors often take a broader view. Even DUI-related convictions that are 10, 20, or 30 years old may influence how the case is charged and negotiated. 

Unfortunately, one can never vacate a DUI conviction. Vacating a reduced charge such as Reckless Driving or Negligent Driving 1º is legally possible, but courts rarely grant it before 10 years have passed.

That history matters. If you have an older DUI conviction—no matter how far back—assume it will still come up.

Deferred Prosecution and Diversion Options

In some cases, Washington offers alternatives to jail. The Deferred Prosecution program, RCW 10.05,  allows people with a qualifying mental health or substance use disorder to enter treatment instead of facing criminal penalties.

It’s a five-year commitment, and except for rare circumstances can only be used once in a lifetime. You’ll still need to install an interlock device and attend court check-ins. Failing to follow the treatment plan puts the original charge and all penalties back on the table.

Diversion programs may also be available in certain counties for low-risk offenders. But these programs come with tight rules and eligibility limits. DUI lawyers can explain whether these options apply in your case.

Can You Beat a DUI Charge in WA?

Yes. Police and prosecutors don’t always get it right. Breath tests fail. Rights get violated. Traffic stops may lack legal justification. Skilled DUI attorneys know how to find those issues and raise them in court. Defenses may include:

• Challenging the traffic stop or arrest
• Suppressing evidence from an unlawful search
• Questioning the accuracy of the breath or blood test
• Showing that signs of impairment had another cause (medical condition, fatigue, etc.)

No two DUI cases are the same. Even when the facts seem stacked against you, a strong legal strategy can make a difference in the outcome.

What If This Isn’t Your First DUI?

Repeat DUI offenses carry significantly steeper penalties. Here’s what to expect:

Second DUI within 7 years:

• 30 to 45 days in jail
• 60 to 90 days Electronic Home Monitoring (EHM)
• two-year license suspension
• Interlock device for five years

Third DUI within 7 years:

• At least 90 days in jail
• Three-year license suspension
• Permanent criminal record

Once a person hits four DUI-related convictions within 10 years, prosecutors can file the case as a felony, and prison becomes a real possibility.

If this isn’t your first encounter with DUI laws, you need to speak with attorneys who understand the sentencing landscape and how prosecutors treat prior convictions, even if they’re decades old.

Talk to Tacoma DUI Lawyers Today

A DUI charge in Washington can carry years of consequences. You could lose your license, your job, your freedom, and your clean record. But you don’t have to deal with it alone or guess your way through the legal system.

At NextLaw, our Tacoma DUI lawyers bring over 50 years of combined experience to every case. We’ve helped people across Washington fight back, protect their rights, and move forward with fewer setbacks and more clarity.

After your DUI arrest, Call Dan Next! We’ll discuss what happened, what’s at stake, and how we can help you take back control.