Hello. I am Linda Callahan, your reliable source for understanding DUI laws and penalties. With many years of experience, I have assisted numerous individuals with DUI cases. I am also the author of the DUI Practice Manual for Washington State, a trusted resource for defense attorneys, judges, and prosecutors. My goal is to provide support and guidance during this challenging time in your life. My team and I are here to offer you the information and assistance necessary to make informed decisions and progress forward.
Driving under the influence (DUI) is a criminal offense when a person operates a vehicle while impaired by drugs or alcohol. The penalties for a DUI charge in Washington State are severe, even for a first offense. These severe consequences can include fines, jail time, license suspension, and mandatory installation of an ignition interlock device. Understanding the legal penalties associated with a DUI conviction and the potential defenses to fight the charges effectively is crucial.
A “physical control” charge applies if a person is in actual physical control of a vehicle while under the influence of alcohol and/or any drug. Physical Control is similar to a DUI and carries similar penalties. The penalties for a DUI are the same as those for physical control.
A DUI conviction in Washington State will remain on your record for life and can never be removed. This is why hiring an experienced DUI attorney is essential. If we can obtain a non-dui resolution, you may be able to vacate that charge in 10 years
Yes, you can refuse a breath test, but there are consequences. Refusal can result in an automatic license suspension for at least one year and may be used as evidence against you in court.
The costs of a DUI can be substantial, including fines, court fees, attorney fees, increased insurance premiums, and costs associated with DUI education programs and license reinstatement. At Callahan Law, we offer transparent flat fees for all clients.
Yes, depending on whether you took or refused a breath or blood test, you could lose your license for 90 days, one year, or more. To fight the suspension, you must request a DUI Hearing with the Department of Licensing within seven days of the arrest.
A DUI is only a Felony if you have four or more prior DUI’s within 10 years.
A Deferred Prosecution for a DUI is a court-approved treatment program that if completed successfully, results in the dismissal of the DUI.
What To Expect
In general, when a person is arrested for DUI in Washington State, two separate cases arise:
01
Unless a blood test was administered, the DOL will usually “suspend” the person’s license 30 days from the date of the arrest. The same is true if the DOL “revokes” the license due to the person refusing a breath or blood test.
The arresting officer is required to give the person a notice that they have a right to a hearing to contest the suspension or revocation, however, the request for a hearing MUST BE POSTMARKED within 7 days of the arrest or applied for online.
02
Some courts can take several months before the person is charged and notified of their first court date.
At the first court hearing, called an “arraignment”, the person pleads “not guilty” and the court imposes “conditions” upon the person while the case is pending.
These conditions may include: posting bail or bond; not consuming alcohol, marijuana, and non-prescribed drugs; not driving under the influence; not driving without a valid license and insurance.
According to the Washington State Law, the stature for a DUI is codified at RCW 46.61.502 and reads as follows:
At Callahan Law, P.S., Inc., our DUI Lawyers ensure every client’s case is thoroughly investigated and the evidence scrutinized for defenses that might lead to the case being dismissed or reduced to a charge less serious than a DUI.
Washington State DUI laws and the court’s decisions are always evolving.
You need a DUI lawyer who creatively challenges the evidence against you, understands the science and technology of breath and blood testing, and has the experience to notice mistakes made by the police and prosecutors in DUI prosecutions; you need Callahan Law, P.S., Inc.
The prosecution does not necessarily need to prove that the person gave a breath or blood sample above the legal limit; they only need to prove, beyond a reasonable doubt, that the person’s driving was affected by an impairing substance.
For those who operate machinery or airplanes, drive a company vehicle, or drive for income, you must apply for a DUI Hearing with the Department of Licensing within 7 days of the arrest.
License suspension is a common consequence of a DUI conviction. Understanding the duration of suspension and the possibility of obtaining a restricted license is crucial for those facing a DUI charge.
If you are arrested for a DUI in Washington State, and refuse the breath test, or take the test and blow over 0.08, or a blood analysis results in a blood alcohol concentration of 0.08 or above, or a THC (marijuana) concentration of 5 ng or above, the Washington DOL is required to suspend (less than 1 year) or revoke (1 year or longer) your driver’s license administratively.
If you are 21 or older (limits differ for those younger and for commercial drivers) DOL will suspend your license if:
You could face an Interlock Device requirement both from the Court after your arraignment and from the State Department of Licensing after your conviction. It is important to note that an Interlock Device is a mandatory condition of probation if you have been convicted of a “Prior Offense” under Washington Law. Washington State also typically requires individuals convicted of DUI to install an ignition interlock device in their vehicles. This device measures a driver’s BAC before allowing the vehicle to start, promoting safe and sober driving.
Any pre-conviction term of Interlock Device will vary widely in duration, while the post-conviction interlock device requirement can range in duration from 6 months to 10 years.
If your license to drive is suspended or revoked because of a DUI arrest or conviction, you will likely need to obtain SR-22 insurance, a certificate that demonstrates financial responsibility. This certificate is not a specific type of insurance policy but rather an add-on to an insurance policy that can raise your rates.
You will be required to maintain this policy for at least 3 years following the date you reinstate your license.
Callahan Law is a recognized leader in DUI defense in Washington State. With a team of experienced attorneys specializing in DUI cases, we offer:
DUI Case Results
**Updated 08/03/2023**
This comprehensive guide will provide in-depth information about the DUI laws in Washington State, including the legal limit for blood alcohol concentration (BAC), the different types of DUI charges, and how the authorities test for impairment. Additionally, we will discuss the penalties for a DUI conviction, such as mandatory minimum jail time, fines, and license suspension.
In Washington, DUI has serious penalties even at the misdemeanor level, and those penalties become increasingly severe with each subsequent offense. Typically, a DUI in Washington will have a maximum penalty of 364 days in jail, a $5,000 fine, and many other minimum penalties. In general, these penalties can include:
These penalties change with the severity of your charge and can also be impacted by other factors, such as whether you had passengers under 16 and the level of your breath test.
Let’s break down the penalties for first, second, and third DUI charges:
If convicted and your breath or blood test is under 0.150 for alcohol or 5 nanograms of THC or more:
If convicted and your breath or blood test is over 0.150 for alcohol or accused of refusing the breath or blood test:
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#1
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Our Team of Attorneys and Paralegals have over 30 years of combined experience. We know the law and understand how to apply it to your case.
#2
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We create a custom defense for every client. Not all cases are the same and we know that. Your concerns and goals are our top priority.
#3
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If convicted and you have a prior DUI within 7 years, and your breath or blood test is under <.150 for alcohol or 5 nanograms of THC or more:
If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:
Questions To Ask a DUI Lawyer
01
Are you a leader in DUI Defense?
Our firm is a clear leader in the DUI field, known nationwide for DUI defense. Our President, Linda M. Callahan, is consistently invited to speak at legal conferences and is the author of the acclaimed Washington DUI Practice Manual. In addition, she teaches other attorneys how to defend these difficult cases effectively.
02
How many DUI trials have you handled and what is the percentage of DUI cases in your caseload?
As your defense attorneys, we stand ready to fight for you inside and outside of the courtroom. At Callahan Law, P.S., Inc., 98% of our caseload consists of DUI defense. We are prepared to take every client’s case to trial, which makes us stronger negotiators.
03
Have you had advanced training in Breath testing Machines?
All lawyers in the firm understand the science of infrared spectroscopy-employed breath testing. We own a breath test machine and use it in trials to help jurors understand the mechanics and science of breath testing as well as potential issues that may cause false-positive results.
04
Do you have advanced training in blood analysis methods?
Due to her special training at Axion Labs in Chicago, Ms. Callahan possesses extensive knowledge of blood analysis methods, including gas chromatography. She has studied phlebotomy to learn what can go wrong in forensic blood draws and has written a chapter on blood evidence in her book. This valuable strategic knowledge has been a critically important part of obtaining the best results for clients.
05
Are you certified in Field Sobriety Testing?
Our lawyers are well-trained in the limitations and proper administration of field sobriety tests and, therefore, know when officers err in giving instructions. Ms. Callahan is certified to administer these tests, having been trained by NHTSA-certified instructors.
If you took the breath test
If you took the breath test and are not accused of “refusing” the breath or blood test, your license suspension or revocation will be “stayed” or put on hold.
Upon completion of the 5-year deferred prosecution, it will be rescinded. In the meantime, you will be granted a probationary license, provided you are otherwise not prohibited from driving for some other reason.
Ignition interlock
A deferred prosecution for DUI (whether alcohol or drug-related) does not avoid a requirement that the person drive only vehicles equipped with an ignition interlock device.
1
You have not previously been placed on a deferred prosecution for a Title 46 or similar municipal ordinance violation.
2
You will have to obtain a specific type of assessment from a state-certified substance abuse disorder professional.
3
Our attorneys will draft a petition for a deferred prosecution and review it with you before filing with the court, along with your assessment.
4
You must waive your right to a jury trial for the DUI and other trial rights. Admitting that the written police reports are admissible and sufficient to support a finding of guilt if the court finds reason to “revoke” the deferred prosecution.
Required Treatment
When is the DUI Dismissed?
A hearing is held at the end of the two-year treatment program to ensure that all requirements are completed.
Three years after the two-year treatment program has been completed, the court will dismiss the underlying DUI (or other charge) provided that the person has committed no “similar offenses,” has maintained sobriety, and has complied with any additional requirements imposed by the court when granting the deferred prosecution.
For example, some courts require AA (or equivalent) attendance for the entire five-year period.
After reviewing the prosecution’s evidence and considering any defenses that may overcome that evidence, a seasoned DUI lawyer may determine that the case may best be resolved without the use of a deferred prosecution.
Because the opportunity for a deferred prosecution is a once-in-a-lifetime event, it should only be used when the person has no viable alternative resolution or when the person feels sure that without the supervision of the court and probation, they will continue to use alcohol or other substances to their detriment, thereby increasing the likelihood of committing a new offense.
If you are considering a deferred prosecution, we can help you decide whether that course of action is right for you and, if so, navigate you through the process.
We Author the DUI Manual Defense Attorneys rely on everyday for DUI Defense Strategies.
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If you or someone you know has been arrested on their 3rd DUI offense in Washington State, they will very likely need to post bail to be released from jail.
Hefty consequences are imposed upon a third DUI conviction in Washington State, even if the priors were long ago or in another state.
If convicted and you have two prior DUIs within 7 years, and your breath or blood test is under <.150 for alcohol or 5 nanograms of THC or more:
If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:
We Author the DUI Manual Defense Attorneys rely on everyday for DUI Defense Strategies.
Contact us today for a 100% Free Consultation
A Fourth DUI In Washington State Could Be Considered a Felony DUI
Since 2007, a DUI or Physical Control is a Felony DUI if the person has four or more prior DUIs (or other qualified offenses) within ten years or if the person has ever previously been convicted of vehicular homicide or vehicular assault while under the influence.
Also, a DUI or Physical Control is a felony if the person has ever previously been convicted of felony DUI or felony Physical Control.
An experienced Washington State DUI lawyer will know the best arguments to persuade a judge from holding a person in custody while their case is pending.
Prosecution
A felony DUI is a Class C offense, punishable by up to 5 years in prison and a $10,000 fine. The actual sentence is calculated by determining an “offender score,” which is based on points for certain current and prior convictions (unless the offender is a juvenile).
A conviction also results in a mandatory license revocation which is “tolled” while the offender is incarcerated. The person may be eligible for an ignition interlock driver’s license so that the offender may still drive while his or her license is revoked.
Understanding DUI penalties in Washington State is essential for anyone facing a DUI charge. The consequences can be severe, but with the right legal representation, you can navigate the process effectively.
Callahan Law stands as a reliable and experienced choice for DUI defense in Washington State, ensuring you receive the best possible defense when you need it most. If you’re facing a DUI charge, don’t hesitate to reach out to them for assistance. Your future may depend on it.
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