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Your Washington State DUI Attorney and Legal Information Resource.

The Law Offices of Jason S. Newcombe




Don't Stand Alone.

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(206) 624-3644

(425) 455-2040

(253) 852-1661

Washington State DUI Lawyers Who Care and Understand.

If you have recently been arrested for DUI (Driving Under the Influence of Intoxicants/Drunk Driving) here in Washington State, you are probably in a bit of a state of shock.  No one sets out to get pulled over, arrested, and have their entire life turned upside down.  If you are like most of our clients, you are feeling anxious and confused.  You are wondering how your DUI arrest is going to impact your life, your family, your career, and your finances.  You are also probably very concerned about your Washington State driving privileges.  All of these feelings and concerns are very normal.  We're here to help.

The attorneys and staff at the Law Offices of Jason S. Newcombe are a dedicated team of legal professionals that are dedicated to assisting you through this difficult period.  Over the last 10 years, we have helped hundreds of good people just like you.  We know what you are going through, and we understand the anxiety and stress that accompanies an arrest for Drunk Driving here in Washington State.  Our attorneys have over 20 years combined legal experience.  We know the DUI laws of Washington State.  We know the courts.  We know the prosecutors.  And we know the legal system.

A Washington DUI Arrest Requires Preparing for Two Different Cases.

If you have been arrested for Drunk Driving here in Washington State, it is important to understand that you actually have to prepare for two different cases.  It is also important to understand that your Washington DUI arrest demands immediate attention and immediate action.  Your driving privileges are at stake.  In addition to fighting your DUI criminal charges, which carry harsh mandatory penalties, you must also fight the Washington State Department of Licensing if you want to retain your driving privileges.

The Washington State Department of Licensing Hearing

With most DUI arrests here in Washington, the first case that requires action is the one with the Washington State Department of Licensing (DOL).  At the time of your arrest, you were offered an opportunity to submit to breath test once you were back at the police station.  If you either took the test and the result was above .08 (.02 if you are a minor), or if you refused the test, the WA State Department of Licensing is planning on suspending your license.  At the time that you were released, you should have been provided with a WA DOL Hearing Request Form. 

If you read this form carefully, you will see that you have 30 days from the date of arrest to request your hearing.  If you fail to request a hearing within 30 days, the WA State Department of Licensing will simply move forward with the suspension or revocation, and you will not have a chance to challenge its validity.  It is therefore imperative that you file a timely request for a hearing.

The length of the proposed suspension or revocation depends on several factors.  First, did you take a breath test or refuse one?  Also, is this your first, your second, or your third offense within the last seven years?  For example, if this is your first offense and you provided a breath sample that is alleged to have been .08 or higher, your license will be suspended for 90 days.  If this is your first offense and you refused to provide a breath sample, your license will be suspended for one year.  If this is your second or third offense within the last seven years, the length of your suspension will be much higher.  For example, if this is our second DUI and you provided a breath sample that is alleged to be .08 or higher, your are looking at a mandatory two year revocation.

The Criminal Portion of Your Washington DUI Arrest

The criminal portion of your Washington DUI case typically begins when you receive a Notice to Appear for Arraignment in the mail.  In some cases, you will ordered to appear for your arraignment by the DUI citation or other paperwork that you receive when you are released.  If you are convicted of DUI here in Washington State, you face stiff mandatory minimum penalties, even if this is your first offense.  Additionally, the mandatory minimum sentence that you are facing will depend on your alleged breath test result, whether refused to take a breath test, and whether or not this is your first, your second, or your third or greater offense within the last seven years.

At a minimum, however, if you are convicted of a WA DUI, you will be sentenced to the following:
  • Mandatory Jail
  • Mandatory License Suspension
  • Mandatory Ignition Interlock for a Period of at least One Year
  • Mandatory Alcohol Evaluation and Treatment
  • Mandatory Attendance at a Victim Impact Panel
  • Mandatory Fines, Costs and Assessments
Washington DUI and My Employment
If you have recently been arrested for DUI here in Washington State, one of your primary concerns no doubt involves your employment.  Our attorneys are often asked by our clients if they are required to inform their employers of their DUI arrest or Drunk Driving conviction.  Washington's DUI laws have no self-reporting provisions that require disclosure to your employer at any stage of the proceedings, including even after a DUI conviction.  Some employers, however, may attempt to compel disclosure through either a collective bargaining agreement or through their own internal administrative and personnel policies.  If you believe that you may be required to disclose your DUI to your employer as a condition of your ongoing employment, it is imperative that you speak with an experienced Washington DUI attorney as soon as possible.

If you are already employed and are arrested or charged with DUI, a conviction may result in your termination.  In fact, more and more employers will now terminate your employment, or suspend you from any company-related activities involving driving, if they merely learn that you have been arrested for DUI or that you currently have a WA drunk driving charge pending.  In most cases, the first place to check is your employee handbook or your collective bargaining agreement. As a practical matter, you are already probably aware of whether or not your company periodically updates its personnel files and simultaneously runs another criminal background and driver's history check during its updating process.  If this is the case, you should plan on both your arrest and you conviction, if any, being found.  Most employers do distinguish between being charged and being convicted.

The question of whether or not to report an arrest or a currently pending WA DUI charge is a subject that you should address with one of our knowledgeable lawyers, especially if you believe that you have an obligation to self-report the arrest or a pending criminal misdemeanor charge.  If at all possible, however, do not raise the subject with your employer until you have had an opportunity to speak with an experienced Washington State DUI Lawyer.  It is always best to learn about your rights and obligations before risking a reprimand, a demotion, or possibly even termination.  If you have questions about this subject and you also have a copy of your employee manual or a copy of your collective bargaining agreement, please bring it with you during your initial consultation with one of our experienced DUI attorneys.

Finally, there are certain jobs, such as those within the government sector (especially those with a high security clearance) that may not be able to avoid a DUI / DWI being detected.  As a practical matter, any government agency or subcontractor dealing with government projects will be scrutinized at a far higher level than a normal employee.  Additionally, these institutions have direct access to more difficult-to-access computer databases, such as the NCIC (National Crime Information Computer), the NICS (The National Instant Criminal Background Check System), as well as others, including Washington State's complete criminal history database.  Every ARREST will be shown in these comprehensive databases.  If you believe that you may fall into one of these special employment categories, please call our offices immediately and ask to speak with one of our knowledgeable DUI defense lawyers.

In general, the public is not allowed to access these federal databases or Washington's complete criminal history database.  These criminal records databases are supposed to be used primarily for law enforcement purposes.  Criminal records in these databases are not supposed to be legally accessible to the general public. Again, however, you should not count on your current or future employer not learning about your DUI arrest, even if you are never convicted of anything.  Laws regarding the dissemination of information are always changing.  Additionally, there is always the possibility that some unscrupulous background agency will attempt to inappropriately access them.

Washington State Criminal Background Checks

As to the specific issue of future employment, many employers will not hire you if you have a drunk driving conviction on your driving record.  With the rise of the information age, your driving history and your criminal conviction record are easily accessible.  Anyone can access your Washington State Department of Licensing driving record and your criminal history here in Washington because both are public records.  The most common type of criminal background check is through the Washington State Patrol Identification and Criminal History Section database (WASIS).  This web site is the official Internet source providing criminal history conviction records for the state of Washington.

The WASIS database is comprised of records sent to WASIS by courts and criminal justice agencies throughout the state.  This database includes conviction information, arrests less than one year old with dispositions pending, and information regarding registered sex and kidnap offenders.  The Washington State Patrol criminal history file also contains additional information such as arrest records, that is not supposed to be accessible to the general public.  That does not mean, however, that your DUI arrest and other criminal misdemeanor records are completely inaccessible by your employers even though it may difficult and potentially unlawful for them to access them. 

The Criminal Records Privacy Act specifies criminal history dissemination guidelines.  Conviction data may be released without restriction.  Non-conviction information is not available to the public.  The legislation also requires that information be kept about the person requesting the report, such as the target of the search, the name of the person requesting the search, and date the search was conducted. 

The simple truth is that it seems as if more and more employers are performing criminal background and driving history checks these days.  Part of the reason for this is that with information so much more readily available it is much more cost effective than it was in days past.  Indeed, many internet companies now specialize in very detailed background checks of prospective employees. 

In many instances, it is simply impossible to know how deep a potential future employer may dig during their background check.  Increasingly, however, even a single conviction for drunk driving is grounds for automatic disqualification.  This is especially true if some aspect of your employment would entail your needing to drive.  In some cases, employers will attempt to go back a certain number of years during their investigation.  In other cases, however, employers will look back as far as they are able to given the resources that they are willing to expend.  Here in Washington, both your entire driver's history from the date you started driving, as well as your entire criminal conviction history from the day you turned 18, are matters of public record and readily accessible.  This means that your employer will be able to access these records if they or their investigator decide to do so. 

Call a Washington State DUI Attorney with the Resources and Experience to Help.
Good people just like you are arrested for DUI in Washington State every day. Over the years, we've helped hundreds of them take their lives back. A Washington drunk driving does charge does not have to ruin your life. But it is important that you take action quickly. You must request a hearing from the Washington State Department of Licensing within 30 days of your arrest if you either took a breath test and the result was above .08 or if you refused a test.  It is also imperative to challenge your WA DUI criminal case.  Some or all of the evidence in the officer's report may be subject to suppression.  It is therefore imperative to speak with an experienced WA DUI lawyer before ever appearing in court.