Frequently Asked Questions

Washington state law stipulates that an individual can be charged and convicted of DUI if they are found to be over the legal alcohol limit within two hours of operating a vehicle. This means that even if law enforcement doesn’t witness a person actively driving, if there is any evidence establishing a timeframe from when the person ceased driving, and this timeframe falls within two hours of when the alcohol or drug sample was obtained, that individual can still be legally convicted of DUI.

However, in certain scenarios where there is no available evidence or timeframe indicating when the suspect last drove, they may not be charged with DUI. Nevertheless, if they are discovered in the driver’s seat of a stationary vehicle, they can still face charges for being in Physical Control of a Motor Vehicle While Under the Influence.

Unfortunately, yes, it is. In Washington state, there are two avenues for prosecuting DUI cases involving alcohol or marijuana samples. First, if there is clear evidence that an individual exceeds the legal limit (0.08 for alcohol or 5 nanograms for marijuana), they can be convicted of DUI. However, there are situations where the legal limit is not surpassed, yet the State can still pursue legal action. Specifically, if there is any evidence suggesting that an individual has consumed an intoxicating substance, the State can secure a conviction if they can demonstrate beyond a reasonable doubt that the individual’s ability to drive was appreciably impaired due to the consumption of such substances.

For example, if someone provides a breath sample with a reading of 0.04 BAC and they fail to use their turn signal while changing lanes, there remains a possibility that they could be convicted of DUI if the jury is convinced beyond a reasonable doubt that the failure to signal resulted from consuming an intoxicating substance, irrespective of being below the legal limit.

The initial test is commonly known as a portable breath test or “PBT.” It’s important to note that taking the PBT test is entirely voluntary, and the test results cannot be used as evidence during a trial. Nevertheless, the judge may consider these results when determining if there was probable cause for your DUI arrest.

Once you reach the police station, the arresting officer will request you to blow into the BAC instrument, which closely resembles a computer with a connected hose and mouthpiece. Typically, the results from this breath instrument are admissible in court. Moreover, according to Washington law, a driver is deemed to have “consented” to taking this test as a prerequisite for driving. Refusal to undergo this test can result in a one-year suspension of your driver’s license by the department of licensing.

No, that’s not an option. However, you could have chosen to take a blood test in addition to the breath test. According to Washington law, the processing officer must inform you of your right to undergo additional testing. It’s essential to understand that you cannot substitute a blood test for a breath test. This distinction can sometimes be confusing and may lead to the officer recording a refusal.

The duration of a license suspension in Washington state is determined by several factors, including the level of the breath test, prior offenses, and whether the suspension is a result of a court action or a Department of Licensing administrative action. Calculating the length of the suspension can be intricate. Here’s a breakdown:

– A first-time offender with a breath test result under .15 can anticipate a 90-day license suspension.
– If the breath alcohol level exceeds .15, the license suspension extends to 1 year.
– For a second offense DUI with a breath test result below .15, the suspension lasts for 2 years.
– In cases of a second offense DUI with a breath test result above .15, the suspension period is 900 days.

Typically, the Department of Licensing allows drivers to obtain an Ignition Interlock License or an Occupational Restricted License during the suspension period.

Your very first hearing is likely going to be your arraignment hearing. The arraignment marks the initial phase of the criminal prosecution process. During this proceeding, you will enter a plea of not guilty and receive a future court date for a pretrial hearing. Additionally, a judge may establish specific conditions for your release while the case is ongoing. For a more comprehensive discussion, please refer to this link.

In most scenarios, a Washington State DUI is categorized as a gross misdemeanor.

However, there are specific circumstances under which a Washington State DUI becomes a felony. A Washington state DUI will be elevated to a felony if: (1) a driver has accumulated four or more prior DUI-related offenses within a span of 10 years; (2) a driver holds a prior conviction for vehicular assault or vehicular homicide while under the influence; or (3) a driver possesses a prior felony DUI conviction.

Having said that, it is important to note that a DUI or physical control conviction remains permanently on your criminal record in Washington, and there are no provisions for its vacation or expungement.

A good lawyer has the opportunity to advocate on your behalf and negotiate the terms of your case. Remarkably, many of the cases we handle, regardless of their initial circumstances, culminate without resulting in a DUI conviction. By pleading guilty outright, you may inadvertently forfeit the possibility of achieving this favorable outcome. The government will allocate substantial resources to prosecute you, and pleading guilty could inadvertently facilitate a harsh punishment. Don’t inadvertently contribute to this outcome; explore your options with the assistance of a DUI lawyer.