What Are the DUI Laws in Washington State?

Under Washington law, it’s illegal for you to have a blood alcohol concentration level of 0.08 percent or higher while driving or within two hours afterward. Likewise, you can get a DUI if you have a THC concentration of 5.00 or higher while operating a car or within two hours afterward. For drivers under 21 years, a concentration level of 0.02 percent or more for alcohol and 0 for THC may cause them to get a DUI. 

Additionally, taking prescription medications—like anti-anxiety medication or pain pills—can lead to a DUI charge, even if you follow your prescriber’s instructions. If one or more substances impair your ability to drive a car safely, it may result in you getting arrested. 

Washington law indicates that people give consent for the government to perform chemical tests—like a breathalyzer—if they get behind the wheel and are stopped or arrested by an officer who has reasonable grounds to believe they are under the influence. In other words, you may face consequences if you refuse a blood alcohol test and the arresting officer had reason to believe you had been drinking or had taken drugs. If you refuse to take the test and it turns out the officer was justified in making the request, you may lose your driving privileges for at least one year. 

What Should I Do if I Get Arrested for a DUI?

If you get arrested for a DUI, you may want to cooperate with the police while also asserting your rights. For example, under the Fifth Amendment of the United States Constitution, you have the right to remain silent and to have an attorney present. If you can’t afford a lawyer or don’t have one at that time, the government may have to connect you with a public defender. What’s more, the government may not be able to ask you questions once you request to speak to an attorney. 

After getting arrested, it’s important for you to speak to a Washington DUI lawyer early on so you can start to set up a defense strategy. Likewise, you’ll need to file paperwork with the criminal court and with the Washington State Department of Licensing. You need to file a request for a hearing within seven days after you get arrested. 

Will I Lose My License if I Get Arrested for a DUI?

After you get arrested for drinking and driving, Washington’s Department of Licensing (DOL) starts the process of suspending your license. This administrative case is separate from any criminal charges the government may launch against you. 

You only have a short window of time to respond to the DOL charges against you. You have to file the hearing request within seven days of your arrest. As the Washington DOL explains, if you don’t file this request, you may automatically lose your license for between 90 days and two years. You may experience additional penalties if the hearing officer doesn’t issue a decision in your favor. Likewise, if you lose your criminal DUI case, you may also lose your license temporarily or permanently, even if the hearing officer allows you to keep your license. 

If You Take or Use Drugs, Can You Still Get a DUI?

Yes. You can still get a DUI charge if you have drugs rather than alcohol in your system. Moreover, you can also get a DUI if you have a combination of prescription or illegal substances and liquor in your blood. This is the case even if your BAC is less than the legal limit. If the combination of substances and alcohol significantly impairs your ability to drive, the police may pull you over and arrest you for driving while intoxicated. 

What’s more, it’s against Washington State law to drive while you have a THC concentration of 5.00 or more in your blood. For those under 21, any amount of THC in their system may put them at risk of picking up a DUI charge. 

What Are the Penalties for a First-Time DUI in Washington State?

Under Washington law, the penalty for picking up your first DUI ever or your first one in seven years depends on your BAC level, the surrounding circumstances, your criminal history, and other factors. For example, if your BAC is below 0.15 and it’s your first DUI ever, you may have to serve a jail sentence of between one to 364 days. Additionally, you may have to pay between $350 to $5,000 or more in fines. The court may decide that 15 days of electronic home monitoring or 90 days of sobriety program monitoring would be more appropriate than jail time. 

If your BAC was 0.15 or over, you may have to serve a sentence between two to 364 days. That said, the judge may order 30 days of electronic home monitoring or 120 days of electronic home monitoring instead. The fines for this category of DUI may be between $500 and $5,000 or more. 

What Are the Consequences of Getting Multiple DUIs on Your Record?

Getting additional DUI and serious driving charges can increase the level of later offenses from a misdemeanor to a felony. Additionally, it can result in higher potential penalties like increased jail time and fines. 

For example, if you have one prior DUI charge on your record, getting a second one may put you at risk of having to serve between 30 and 364 days in jail. You may have to be on electronic home monitoring for 60 days and pay between $500 and $5,000 in fines. If your BAC is over 0.15, however, the penalties may increase to 45 to 364 days in jail, 90 days of electronic home monitoring, and $750 to $5,000 in fines. 

How Can a DUI Lawyer Near Me in Lynnwood, WA Help Me Fight the Charges?

Having a dedicated lawyer at your side throughout the criminal and administrative proceedings can be incredibly beneficial. Your King County DUI defense lawyer can look at the evidence about your arrest and look for mistakes the cops may have made. For example, your advocate may look to see if the police had reasonable grounds to pull you over in the first place. 

Likewise, they can analyze the procedures followed to measure your blood alcohol concentration levels to look for errors. For example, they can check to see how long the police waited to check your BAC after pulling you over. 

Attorneys also know what kinds of court documents to file—like a speedy trial demand—to help preserve your rights. Additionally, if they find mistakes made by law enforcement, they can point to these during the trial to try to get the charges reduced or dismissed. Lastly, having a lawyer to fight for you can provide peace of mind and ease your stress because someone with training and legal knowledge is taking care of matters on your behalf. 

Veitch Ault Defense: Lynnwood DUI Lawyers Ready to Fight for You 

A DUI arrest can completely derail your plans and cause you to feel worried about what will happen to you, your family, and your job if you get a conviction. Teaming up with a trusted criminal defense lawyer can help set you up for success and get you on the right track to pursue a fair outcome. 

Veitch Ault Defense is a full-service criminal defense law firm serving Lynnwood and surrounding areas since 2009. Robert J. Ault is well-respected by his peers and past clients. He received certification from the National Highway Traffic Safety Administration to administer roadside sobriety tests. He uses this special knowledge to scrutinize police procedures in DUI cases and look for errors he can point out to undermine the government’s case. Contact him today by calling 425-970-9607 to schedule a no-obligation consultation.