A DUI, or “driving under the influence,” refers to operating a vehicle while impaired by alcohol or drugs, or both at the same time. “Drugs” includes illegal and legal drugs, such as prescription and over-the-counter medicines.
In Washington State, it is illegal for adult drivers aged 21 and older to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For underage drivers and commercial drivers, the legal BAC limit is lower.
A DUI charge is a serious offense as it can result in penalties such as fines, license suspension, and even jail time. If you or a loved one is facing driving under the influence charges, our Tacoma DUI lawyers can advise you on your legal options during a free consultation.
Understanding DUI Charges in Washington State
In Washington State, being caught driving while under the influence of alcohol or drugs is In Washington State, driving while under the influence of alcohol or drugs is illegal.
Law enforcement often measures a person’s blood alcohol concentration (BAC) to determine if they are legally impaired. The BAC is a key indicator used to decide if a driver is over the legal limit for alcohol consumption while operating a vehicle.
The BAC limits in Washington State are:
- For adults (21 and older): It is illegal to drive with a BAC of 0.08% or higher.
- For drivers under 21: The legal BAC limit is 0.02%.
- For commercial drivers (CDL holders): If arrested while driving a commercial vehicle, the BAC limit is stricter, set at 0.04%.
Exceeding these limits can result in a DUI charge, leading to penalties such as fines, license suspension, and possible jail time.
It is important to note that police can arrest a person who appears intoxicated even if their BAC is below the legal limit. If an officer thinks a driver is impaired by alcohol, drugs, or a combination of both—regardless of their BAC level—they can still make an arrest.
DUI laws also cover impairment by substances other than alcohol, including:
- Prescription drugs
- Over-the-counter drugs (Benadryl)
- Marijuana
- Illegal drugs
If a person’s behavior, driving, or appearance suggests they are not in full control of their faculties, they may still face DUI charges even with a BAC below 0.08%.
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Penalties for a DUI in Washington State
DUI penalties in the state can vary based on whether it’s a first-time offense or if there are prior convictions. Penalties are more severe for repeat offenses or if there are aggravating factors, such as a high BAC or causing an accident.
Additionally, offenders may face probation, increased insurance rates, and mandatory alcohol or drug treatment. Travel restrictions are also possible, especially for international travel.
Penalties can increase if there are aggravating factors, such as:
- Having a high BAC (0.15% or higher)
- Refusing a breath or blood test under Washington’s implied consent law
- Driving on a suspended or revoked license at the time of the DUI
- Causing serious injury or death to another person
- Excessive speeding while under the influence
- Having a minor in the vehicle at the time of the DUI
- Fleeing the scene of an accident
Challenging DUI Charges in Washington State
If you or a loved one is facing a DUI charge in Washington State, you may be able to challenge the case against you. Our DUI lawyers can look at the details of your arrest and the evidence against you.
We may be able to find weaknesses in the prosecution’s case. For example, we can advise if you can challenge the accuracy of the Dräger Alcotest or blood test results and question whether the officer had a valid reason to stop you or if the test was given to you correctly.
By identifying these issues, we may be able to reduce your charges or even get the case dismissed. By exploring every option, our Tacoma criminal defense lawyers can help you protect your rights and work toward the best possible outcome for your case.
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Common Defenses in DUI Cases
We can develop a defense that addresses the specific circumstances of your DUI case. Several common defenses may apply, depending on the details of your arrest and the evidence against you. Some of these include:
- Challenging the traffic stop: If the officer did not have a valid reason to pull you over, the stop may be unlawful, and any evidence gathered could be suppressed and charges dismissed.
- Improper FST testing procedures: If the officer didn’t follow proper protocols during field sobriety tests (aka “FSTs”) or failed to administer the tests correctly, this could weaken the prosecution’s case.
- Medical conditions or substances: Certain medical conditions or legal medications can affect BAC levels or mimic signs of intoxication, and we can present this as part of your defense.
- Violation of your rights: If your rights were violated during the arrest, such as not being informed of your right to remain silent or your right to an attorney, this could be used to challenge the charges.
- Questioning the accuracy or admissibility of BAC tests: Breath or blood tests can sometimes give inaccurate readings due to faulty equipment or improper handling. Our lawyers can challenge the reliability of these results.
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Should I Challenge a DUI?
Challenging a DUI charge is often worth considering when you think about the long-term effects it could have on your future. A DUI conviction can have serious consequences, including fines and jail time, and it can affect your driving record and insurance rates for a long time.
By challenging the charge, you may be able to reduce penalties, avoid a conviction, or even have the case dismissed. Factors like faulty testing, unlawful stops, or mistakes during the arrest could be grounds for a strong defense.
Consulting with our DUI lawyers can help you determine if challenging the charge is the right decision for your situation.
Tips for Preparing to Challenge a DUI Charge
If you’re facing a DUI charge, you can prepare for your defense. Start by documenting everything you remember about the arrest, including why you were pulled over, how the tests were conducted, and any interactions with the officer.
Gather any potential evidence, such as witness statements or video footage. To challenge a license suspension, you can request a hearing with the Washington State Department of Licensing – but you must do so within 7 days of your DUI arrest. At NextLaw, we handle this for you – we even pick up the $375 Hearing Request Fee.
Finally, consulting with our legal professionals early on will help you understand your rights and options. Proper preparation can make a big difference in the outcome of your case.
Call Dan Next to Learn What a DUI Is and How It Can Affect You
A DUI is a serious offense with serious consequences, but it does not have to define your future. NextLaw is ready to learn about your situation and review your legal options with you.
Arrested for DUI? Call Dan Next for a free consultation! Let lead attorney Dan Gerl, a former DUI prosecutor, and our experienced legal team start building your DUI defense. We’re ready to help you move forward.
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