DWI/DUI - Drunk Driving Laws And Attorneys In Washington
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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WASHINGTON DRIVING UNDER THE INFLUENCE (DUI) LAW
If DUI is suspected, the amount of alcohol in the driver’s blood will be
measured by a breath or blood test. The driver will be cited for DUI if the
results are .08 or higher for adults, 04 or more if driving a commercial
vehicle and .02 or higher for minors (under 21).
Implied Consent: If you operate a motor vehicle in this state, then you
have already given consent to have your breath or blood tested if an
officer has reasonable cause to believe that you have been driving under
the influence of alcohol or drugs. This is Washington's Implied Consent
law. Therefore, if you refuse to take the test, your license will be revoked.
The period of revocation ranges from one year for a first-time offender to
up to four years for certain repeat offenders.
Zero-Tolerance for Minors: If you are under age 21 your driver's license
will be suspended if you are driving with even a small amount of alcohol
in your system. A BAC of .02% will result in a driver's license
suspension for 90 days on your first incident. On your second incident,
your driver's license will be revoked for one year or until age 21...
whichever is longest. It takes about one glass of beer to get to a .02%
BAC, for some people even less. Minors are also subject to the same .
08% DUI laws as adults are.
Deferred Prosecution In The State Of Washington: If a driver who has
been charged with a DUI believes that his or her actions were a result of
an addiction to alcohol or drugs, that driver may qualify for a deferred
prosecution, which puts the DUI charges "on hold." The person will be
required to complete a two-year treatment program, attend a self-help
group, stay drug and alcohol free, and not drive without a valid driver's
license and insurance. If he or she complies with the court's
requirements, the DUI charge will be dismissed. If the person fails to
comply with these requirements, the court will find the person guilty of
the DUI charge.
Deferred Prosecution on a traffic offense is limited to once in a person's
lifetime, and the person is required to comply with the court's conditions
for five years. The law also stipulates that a deferred prosecution stays
on a person's permanent record.
Administrative License Suspension: If the results of your BAC test are
over .02% and you are a minor, or over .08% and you are an adult, your
driver's license will be suspended. Effective January 1, 1999 the
Department of Licensing will suspend your driver's license even on your
first DUI incident regardless of the outcome of any criminal charges
filed. These administrative sanctions are imposed in addition to any
license suspension or revocation period ordered by the Court following
a criminal conviction. Suspensions range from 90 days for a first
incident to three years for certain repeat offenders.
Court Penalties And Fines In Washington
No Prior Offenses Within Past Seven Years - Alcohol Concentration
Less Than .15 or No Test Result
a) Jail Time: 1-365 Days (24 consecutive hours non-suspendable)
b) Electronic Home Monitoring: In Lieu of Mandatory Minimum Jail Time,
Not Less Than 15 Days
c) Fine: $350-$5,000 ($866 total minimum fine w/statutory
assessments)
d) Driver's License: 90 Day Suspension
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
No Prior Offenses Within Past Seven Years - Alcohol Concentration at
Least .15 or Greater or Test Refusal
a) Jail Time: 2-365 Days (2 consecutive mandatory)
b) Electronic Home Monitoring: In Lieu of Mandatory Minimum Jail Time,
Not Less Than 30 Days
c) Fine: $500-$5,000 ($1,121 total minimum fine w/statutory
assessments)
d) Driver's License: 1 Year Revocation (2 years if BAC refused)
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
One Prior Offense Within Past Seven Years - Alcohol Concentration
Less Than .15 or No Test Result
a) Jail Time: 30-365 Days (30 days non-suspendable)
b) Electronic Home Monitoring: 60 Days
c) Fine: $500-$5,000 ($1,121 total minimum fine w/statutory
assessments)
d) Driver's License: Two Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
One Prior Offense Within Past Seven Years - Alcohol Concentration at
least .15 or greater or No Test Result
a) Jail Time: 45-365 Days (45 days mandatory)
b) Electronic Home Monitoring: 90 Days
c) Fine: $750-$5,000 ($1,546 total minimum fine w/statutory
assessments)
d) Driver's License: 900 Days Revocation (3 years if BAC refused)
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Two or Three Prior Offenses Within Past Seven Years - Alcohol
Concentration Less Than .15 or No Test Result
a) Jail Time: 90-365 Days (90 days non-suspendable)
b) Electronic Home Monitoring: 120 Days
c) Fine: $1,000-$5,000 ($1,971 total minimum fine w/statutory
assessment)
d) Driver's License: Three Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Two or Three Prior Offenses Within Past Seven Years - Alcohol
Concentration at least .15 or Greater or No Test Result
a) Jail Time: 120-365 Days (120 days mandatory)
b) Electronic Home Monitoring: 150 Days
c) Fine: $1,500-$5,000 ($2,821total minimum fine w/statutory
assessments)
d) Driver's License: 4 Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Vehicular Homicide and Assault: You can be charged with vehicular
homicide or assault if you are a DUI driver involved in a collision where a
victim dies within three years of the crash (homicide) or is seriously
injured (assault). Penalties include up to life in prison, fines up to
$20,000, and license revocation.
Negligent Driving in the First Degree: If you are a driver who has been
drinking and displaying unsafe driving behavior, but do not have enough
alcohol in your system to warrant a DUI you can still be charged with
negligent driving in the first degree. If a DUI charge is amended to
negligent driving it counts as a prior DUI in future sentencing options.
Electronic Home Monitoring: In most cases, the court will require from
60 to 150 days of electronic home monitoring be added to the minimum
sentence of repeat DUI offenders. The number of days required will be
determined by the offender's BAC level upon arrest and the offender's
previous DUI conviction record. The court may substitute 15 days of
electronic home monitoring for the minimum one day in jail. Offenders
pay for electronic home monitoring, which costs between $10 and $15
(or more) a day. Restrictions on alcohol consumption and requirements
to take breath tests will be included in the conditions for home
monitoring.
Mandatory Conditions Of Probation If Any Jail Time Is Suspended:
(Court’s jurisdiction extended to five years if it imposes less than one
year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor
vehicle without a valid license to drive and proof of financial
responsibility, (ii) is not to drive while having an alcohol concentration of .
08 or more within two hours after driving, (iii) is not to refuse to submit to
a test of his or her breath or blood to determine alcohol concentration
upon request of a law enforcement officer who has reasonable grounds
to believe the person was driving or was in actual physical control of a
motor vehicle while under the influence of intoxicating liquor. Violation of
any mandatory condition requires a minimum penalty of 30 days
confinement, which may not be suspended or deferred, and an
additional 30 day license suspension.
Driving Under Suspension In Washington State
If you are charged with driving while your license or privilege to drive is
suspended or revoked, your vehicle could be impounded for up to 90
days and until all costs, fees, and court fines are paid. The vehicle may
be released to your spouse upon showing economic or personal
hardship.
Ignition Interlock
All DUI offenders are required to have an ignition interlock device on the
cars they drive-even those who receive a deferred prosecution. When
the ignition interlock device is installed on a vehicle, the driver is
required to blow into the device, which reads the person's BAC level. If
alcohol is detected, then the engine will not start. After starting the car,
the driver is required to take the breath test every ten minutes while
operating the vehicle. The device also keeps a record of every breath
test result and generates a report that is sent to the courts.
The amount of time a DUI offender is required to have ignition interlock
on his or her car varies according to previous offenses and restrictions.
The first-time offender with a BAC above .15% will be required to have
ignition interlock for one year. A second-time offender, who was
previously restricted for one-year will be required to have ignition
interlock for five years. A third-time offender who was previously
restricted for five years will be required to have ignition interlock for no
less than ten years.
The offender will be required to pay the cost of the ignition interlock
rental, which is about $2 a day. A court may waive the requirement for
ignition interlock if the device is not reasonably available in the local
area.
Restricted License In Washington
While your driver license is suspended or revoked, you may get an
Ignition Interlock Driver License (IIL) that will allow you to drive a vehicle
equipped with an ignition interlock device for the period of your
suspension or revocation.
If DUI is suspected, the amount of alcohol in the driver’s blood will be
measured by a breath or blood test. The driver will be cited for DUI if the
results are .08 or higher for adults, 04 or more if driving a commercial
vehicle and .02 or higher for minors (under 21).
Implied Consent: If you operate a motor vehicle in this state, then you
have already given consent to have your breath or blood tested if an
officer has reasonable cause to believe that you have been driving under
the influence of alcohol or drugs. This is Washington's Implied Consent
law. Therefore, if you refuse to take the test, your license will be revoked.
The period of revocation ranges from one year for a first-time offender to
up to four years for certain repeat offenders.
Zero-Tolerance for Minors: If you are under age 21 your driver's license
will be suspended if you are driving with even a small amount of alcohol
in your system. A BAC of .02% will result in a driver's license
suspension for 90 days on your first incident. On your second incident,
your driver's license will be revoked for one year or until age 21...
whichever is longest. It takes about one glass of beer to get to a .02%
BAC, for some people even less. Minors are also subject to the same .
08% DUI laws as adults are.
Deferred Prosecution In The State Of Washington: If a driver who has
been charged with a DUI believes that his or her actions were a result of
an addiction to alcohol or drugs, that driver may qualify for a deferred
prosecution, which puts the DUI charges "on hold." The person will be
required to complete a two-year treatment program, attend a self-help
group, stay drug and alcohol free, and not drive without a valid driver's
license and insurance. If he or she complies with the court's
requirements, the DUI charge will be dismissed. If the person fails to
comply with these requirements, the court will find the person guilty of
the DUI charge.
Deferred Prosecution on a traffic offense is limited to once in a person's
lifetime, and the person is required to comply with the court's conditions
for five years. The law also stipulates that a deferred prosecution stays
on a person's permanent record.
Administrative License Suspension: If the results of your BAC test are
over .02% and you are a minor, or over .08% and you are an adult, your
driver's license will be suspended. Effective January 1, 1999 the
Department of Licensing will suspend your driver's license even on your
first DUI incident regardless of the outcome of any criminal charges
filed. These administrative sanctions are imposed in addition to any
license suspension or revocation period ordered by the Court following
a criminal conviction. Suspensions range from 90 days for a first
incident to three years for certain repeat offenders.
Court Penalties And Fines In Washington
No Prior Offenses Within Past Seven Years - Alcohol Concentration
Less Than .15 or No Test Result
a) Jail Time: 1-365 Days (24 consecutive hours non-suspendable)
b) Electronic Home Monitoring: In Lieu of Mandatory Minimum Jail Time,
Not Less Than 15 Days
c) Fine: $350-$5,000 ($866 total minimum fine w/statutory
assessments)
d) Driver's License: 90 Day Suspension
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
No Prior Offenses Within Past Seven Years - Alcohol Concentration at
Least .15 or Greater or Test Refusal
a) Jail Time: 2-365 Days (2 consecutive mandatory)
b) Electronic Home Monitoring: In Lieu of Mandatory Minimum Jail Time,
Not Less Than 30 Days
c) Fine: $500-$5,000 ($1,121 total minimum fine w/statutory
assessments)
d) Driver's License: 1 Year Revocation (2 years if BAC refused)
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
One Prior Offense Within Past Seven Years - Alcohol Concentration
Less Than .15 or No Test Result
a) Jail Time: 30-365 Days (30 days non-suspendable)
b) Electronic Home Monitoring: 60 Days
c) Fine: $500-$5,000 ($1,121 total minimum fine w/statutory
assessments)
d) Driver's License: Two Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
One Prior Offense Within Past Seven Years - Alcohol Concentration at
least .15 or greater or No Test Result
a) Jail Time: 45-365 Days (45 days mandatory)
b) Electronic Home Monitoring: 90 Days
c) Fine: $750-$5,000 ($1,546 total minimum fine w/statutory
assessments)
d) Driver's License: 900 Days Revocation (3 years if BAC refused)
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Two or Three Prior Offenses Within Past Seven Years - Alcohol
Concentration Less Than .15 or No Test Result
a) Jail Time: 90-365 Days (90 days non-suspendable)
b) Electronic Home Monitoring: 120 Days
c) Fine: $1,000-$5,000 ($1,971 total minimum fine w/statutory
assessment)
d) Driver's License: Three Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Two or Three Prior Offenses Within Past Seven Years - Alcohol
Concentration at least .15 or Greater or No Test Result
a) Jail Time: 120-365 Days (120 days mandatory)
b) Electronic Home Monitoring: 150 Days
c) Fine: $1,500-$5,000 ($2,821total minimum fine w/statutory
assessments)
d) Driver's License: 4 Year Revocation
e) Ignition Interlock Device: Yes
f) Alcohol/Drug Ed. or Treatment: As Determined by the Court
Vehicular Homicide and Assault: You can be charged with vehicular
homicide or assault if you are a DUI driver involved in a collision where a
victim dies within three years of the crash (homicide) or is seriously
injured (assault). Penalties include up to life in prison, fines up to
$20,000, and license revocation.
Negligent Driving in the First Degree: If you are a driver who has been
drinking and displaying unsafe driving behavior, but do not have enough
alcohol in your system to warrant a DUI you can still be charged with
negligent driving in the first degree. If a DUI charge is amended to
negligent driving it counts as a prior DUI in future sentencing options.
Electronic Home Monitoring: In most cases, the court will require from
60 to 150 days of electronic home monitoring be added to the minimum
sentence of repeat DUI offenders. The number of days required will be
determined by the offender's BAC level upon arrest and the offender's
previous DUI conviction record. The court may substitute 15 days of
electronic home monitoring for the minimum one day in jail. Offenders
pay for electronic home monitoring, which costs between $10 and $15
(or more) a day. Restrictions on alcohol consumption and requirements
to take breath tests will be included in the conditions for home
monitoring.
Mandatory Conditions Of Probation If Any Jail Time Is Suspended:
(Court’s jurisdiction extended to five years if it imposes less than one
year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor
vehicle without a valid license to drive and proof of financial
responsibility, (ii) is not to drive while having an alcohol concentration of .
08 or more within two hours after driving, (iii) is not to refuse to submit to
a test of his or her breath or blood to determine alcohol concentration
upon request of a law enforcement officer who has reasonable grounds
to believe the person was driving or was in actual physical control of a
motor vehicle while under the influence of intoxicating liquor. Violation of
any mandatory condition requires a minimum penalty of 30 days
confinement, which may not be suspended or deferred, and an
additional 30 day license suspension.
Driving Under Suspension In Washington State
If you are charged with driving while your license or privilege to drive is
suspended or revoked, your vehicle could be impounded for up to 90
days and until all costs, fees, and court fines are paid. The vehicle may
be released to your spouse upon showing economic or personal
hardship.
Ignition Interlock
All DUI offenders are required to have an ignition interlock device on the
cars they drive-even those who receive a deferred prosecution. When
the ignition interlock device is installed on a vehicle, the driver is
required to blow into the device, which reads the person's BAC level. If
alcohol is detected, then the engine will not start. After starting the car,
the driver is required to take the breath test every ten minutes while
operating the vehicle. The device also keeps a record of every breath
test result and generates a report that is sent to the courts.
The amount of time a DUI offender is required to have ignition interlock
on his or her car varies according to previous offenses and restrictions.
The first-time offender with a BAC above .15% will be required to have
ignition interlock for one year. A second-time offender, who was
previously restricted for one-year will be required to have ignition
interlock for five years. A third-time offender who was previously
restricted for five years will be required to have ignition interlock for no
less than ten years.
The offender will be required to pay the cost of the ignition interlock
rental, which is about $2 a day. A court may waive the requirement for
ignition interlock if the device is not reasonably available in the local
area.
Restricted License In Washington
While your driver license is suspended or revoked, you may get an
Ignition Interlock Driver License (IIL) that will allow you to drive a vehicle
equipped with an ignition interlock device for the period of your
suspension or revocation.
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