Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI?
Under Washington law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Washington Department of Licensing.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Washington law, an individual has 30 days to request an Administrative Hearing from the Department of Licensing.    If you fail to request a hearing within 30 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Licensing within 30 days.        

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender could face imprisonment of a 1 day minimum, up to a maximum of 365 days, where 24 hours of sentence are non-suspendable.

Monetary Fines
The minimum fine for a first time DUI conviction is $866.00, which includes statutory assessments.

Driving Privileges
A DUI conviction results in the suspension of driving privileges for 90 days.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.      

Vehicle Impound
The vehicle of a first time DUI offender could be impounded for up to 90 days and until all costs, fees, and court fines are paid. 

Deferred Prosecution
In the event a person arrested for DUI believes that the arrest was a result of an addiction to drugs or alcohol, he or she may qualify for a one-time deferred prosecution.  Deferred prosecution puts the DUI charges on hold, provided that over the course of 5 years, the offender complete a 2 year treatment program, attend a self-help group, refrain from using any drugs or alcohol, and not drive without a valid driver’s license and insurance.  Additionally, the offender will be required to drive a vehicle equipped with an Ignition Interlock Device.  Once all of the requirements have been met, over the 5 year period, the DUI is dismissed; however the deferred prosecution remains on the offender’s permanent record.

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a drug and alcohol screening and assessment program may be required by the court for reinstatement of driving privileges. 

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.