Washington DUI Laws

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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

One of the first questions that our Washington State and Seattle DUI attorneys are often asked is what happens now?  With most Washington DUI arrest, 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 a 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 20 days from the date of arrest to request your hearing.  If you fail to request a hearing within 20 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 your 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 be 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

Call a Washington State DUI attorney or a Seattle DUI lawyer with the resources and the 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.  Our Seattle DUI attorneys and Washington State lawyers will help you to understand your legal rights and options.

It is, however, important to act quickly.  You must request a hearing from the Washington State Department of Licensing within 20 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 completely wrong or subject to suppression.  It is therefore imperative to speak with an experienced WA DUI and criminal defense lawyer before ever appearing in court.

Washington State's DUI Laws

For more information about Washington State's DUI Laws, please click on the link below:

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