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DUI Penalties in Washington State

DUI Penalties in Washington State

Hello. my name is 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.

Table Of Contents

FAQ's

What is a DUI?

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:

  • An administrative case with DOL to suspend or revoke the person’s license.
  • A criminal case with the court.

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. 

A DUI conviction is a serious criminal offense that can never be vacated (expunged) from your criminal record and will appear on a background check for the rest of your life. A first DUI conviction can put a person’s career and livelihood in jeopardy. 

  • CDL Holders: A person who has a commercial driver’s license will lose their license for a year for a first-offense DUI unless the court charge is reduced to a lesser offense and the DOL Hearing is won.
  • Delivery Drivers:  Even an arrest for DUI can lead to firing.  Most corporations will not insure a driver with a DUI.
  • Pilots:  All but military pilots must report the arrest and conviction on their FAA Airman’s Medical Form.  A DUI conviction may jeopardize a commercial pilot’s career.

For those who operate machinery or airplanes, drive a commercial vehicle, or drive for income, you MUST apply for a DUI Hearing with the Department of Licensing within 7 days of the arrest.

  • Increase in the cost of insurance
  • Cancellation of insurance
  • Difficulty renting a car
  • Denial of entry to Canada for non-Canadian citizens

License Suspension

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, 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:

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 three years after you reinstate your license.

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.

Understanding DUI License Suspensions
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Callahan Law is a recognized leader in DUI defense in Washington State. With a team of experienced attorneys specializing in DUI cases, we offer:

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DUI Case Results

**Updated 08/03/2023**

DUI's Reduced
9 0 %
DUI's Dismissed
0
DUI's > Neg 1
0
DUI's > Reckless Driving
0
DOL Hearings Won
0

In-Depth Guide To DUI Laws In Washington

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.

Washington State DUI Laws

According to the Washington State Law, the stature for a DUI is codified at RCW 46.61.502 and reads as follows:

  • A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state;
  • And the person has, within 2 hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or
  • The person has, within 2 hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or
  • While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
  • While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

DUI Emphasis Patrols

  • Law enforcement officers in most agencies in Washington have the goal of pulling over three cars per hour. The primary purpose of this goal is to locate and arrest drivers who have been drinking. They will stop a vehicle for the slightest driving irregularity or minor equipment violation.
  • Once they smell the odor of alcohol, an arrest is imminent, whether or not the driver performs the voluntary field sobriety tests. The officer has the power to search the vehicle upon arrest and, except sometimes in the case of a commercial or farm transport vehicle, must impound the vehicle, causing the driver to pay towing and impound fees to get their vehicle back.

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.

Penalties for a DUI Conviction

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. 

First Offense DUI In Washington State

In Washington, a first-offense DUI may often be reduced to a lesser charge if you have a knowledgeable DUI lawyer negotiating for you.

  • In most Washington State jurisdictions, prosecutors will not reduce a DUI to a lesser charge unless they believe they have a problem proving the case.
  • This is why an experienced and well-respected DUI lawyer is necessary to get the best result. The lawyers at Callahan Law, P.S., Inc. are knowledgeable and diligent and go beyond the call to be sure that no stone is left unturned to find weaknesses in the prosecutor’s case.
  • Your license will be subject to an administrative suspension or revocation on the 30th day following your arrest.
  • By getting the charge reduced from DUI to a lesser offense, you avoid the extreme penalties of a first-offense DUI in Washington State, and the lesser charge may later be “expunged.” However, if you plead guilty to DUI or are found guilty of DUI at trial, the charge will never be “expunged” from your criminal history.
  • In Washington, a first-offense DUI may often be reduced to a lesser charge if you have a knowledgeable DUI lawyer negotiating for you.
  • In most Washington State jurisdictions, prosecutors will not reduce a DUI to a lesser charge unless they believe they have a problem proving the case.
  • This is why an experienced and well-respected DUI lawyer is necessary to get the best result. The lawyers at Callahan Law, P.S., Inc. are knowledgeable and diligent and go beyond the call to be sure that no stone is left unturned to find weaknesses in the prosecutor’s case.
  • Your license will be subject to an administrative suspension or revocation on the 30th day following your arrest.
  • By getting the charge reduced from DUI to a lesser offense, you avoid the extreme penalties of a first-offense DUI in Washington State, and the lesser charge may later be “expunged.” However, if you plead guilty to DUI or are found guilty of DUI at trial, the charge will never be “expunged” from your criminal history.

If convicted and your breath or blood test is under 0.150 for alcohol or 5 nanograms of THC or more:

  • Minimum 24 hours| Maximum 364 days in jail
  • Instead of Jail, you can opt for 15 days of Electric Home Monitoring (EHM) per one day in jail or other Jail Alternatives (when available).
  • License suspension for 90 days (day-for-day credit possible for admin suspension or revocation already served.)
  • 1 Year of Mandatory Ignition Interlock Device
  • Minimum fine of $990.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and treatment, if recommended

If convicted and your breath or blood test is over 0.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 48 hours in jail | Maximum 364 days in jail.
  • Instead of Jail, you can opt for 30 days of Electric Home Monitoring (EHM) or a Jail Alternative.
  • License revocation for 1 year | 2 years for a test refusal (day-for-day credit possible for admin suspension or revocation already served.)
  • 1 Year of Mandatory Ignition Interlock Device
  • Minimum fine of $1,245.50
  • Maximum fine of $5,000
  • Mandatory alcohol assessment and treatment/classes, if recommended.
  •  
No, a first DUI is not a felony in Washington State. It is usually charged as a gross misdemeanor. However, a DUI can become a felony if certain aggravating factors are present, such as having prior felony DUI convictions, a history of vehicular assault or homicide while under the influence, or multiple DUI offenses within a 10-year period.

If you’re facing a First Offense DUI in Washington State, it’s crucial to understand the potential consequences and your legal options. Even a first DUI charge can have serious impacts on your freedom, finances, and ability to drive.

For a first-time DUI conviction in Washington, here’s what you can expect:

  • Fines: You may be required to pay fines ranging from $350 up to $5,000, depending on the specifics of your case and the judge’s ruling. Additional fees, including court costs, may also apply.
  • License Suspension: A first offense DUI typically results in a license suspension for at least 90 days. However, you have the option to fight this suspension by applying for a DUI hearing within 7 days of your arrest. This hearing provides an opportunity to contest the suspension, potentially allowing you to retain your driving privileges. If the suspension is upheld, some drivers may still qualify for a restricted license with an ignition interlock device (IID).
  • Jail Time: Although a first DUI may lead to jail time ranging from 24 hours to one year, our Team here at Callahan Law excels at obtaining no-jail solutions for our clients
  • Drug or Alcohol Assessment: Washington courts often mandate an assessment with a certified alcohol or drug counselor for all DUIs. Based on the results, you may need to complete treatment or education programs.

A First Offense DUI may come with less severe penalties than repeat offenses, but the impact on your life is still significant. An experienced attorney, such as those at Callahan Law, can make a big difference in your case. Callahan Law’s dedicated DUI defense team understands Washington DUI laws and can work to reduce the penalties you face. They can also assist in filing for a DUI hearing to contest license suspension, offering you the best chance to retain driving privileges and avoid additional penalties.

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As a long-time author and speaker, Ms. Callahan is respected across the county for her trial skills and investigative knowledge.  Her reputation proceeds herself when appearing in court.

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Second DUI in Washington State

  • No, a second DUI in Washington State is usually not a felony. It is considered a gross misdemeanor, which means you can still face serious consequences. If you have had prior DUIs, the penalties might be tougher.
  • For a second DUI, you receive higher fines, spend more time in jail, and have your license suspended for a longer period. The exact penalties depend on things like how high your blood alcohol level was and other details of your case.

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:

  • Minimum 30 days in jail | Maximum 1 year in jail
  • 60 days mandatory Electric Home Monitoring (EHM) 
  • As an alternative to the mandatory Jail and EHM term, you can petition the court to allow you to serve 180 days of EHM instead or 120 days of 24/7 Sobriety Monitoring.
  • 2-year license revocation (day-for-day credit possible for admin suspension or revocation already served.)
  • Either 1 year or 5 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $1,245.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment

 

If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 45 days in jail | Maximum 1 year in jail
    • 90 days mandatory Electric Home Monitoring (EHM)
    • As an alternative to the mandatory jail and EHM, you can request the court impose 6 months of EHM or 120 days of 24/7 Sobriety Monitoring
    • License revocation for 900 days | 3 years for a test refusal (day-for-day credit possible for admin suspension or revocation already served.)
    • Minimum fine of $1,670.50 | Maximum fine of $5,000
    • Mandatory alcohol assessment and outpatient treatment.

A second offense, DUI in Washington State, can carry very serious consequences.

  • This is particularly so if your second DUI is within 7 years of the prior DUI because the judge has mandatory minimums that he or she cannot go below in sentencing.
  • So, unless your charge can be reduced to a lesser offense, deferred, or you are acquitted at trial, you face pretty extreme penalties for a second DUI offense within 7 years.
  • You need a knowledgeable attorney to help put together a proper defense for you.  We handle DUI cases with priors every day successfully.  Call today for your free consultation.
  •  

Other Potential Consequences of a Second Offense

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:

  • Minimum 30 days in jail | Maximum 1 year in jail
  • 60 days mandatory Electric Home Monitoring (EHM) 
  • As an alternative to the mandatory Jail and EHM term, you can petition the court to allow you to serve 180 days of EHM instead or 120 days of 24/7 Sobriety Monitoring.
  • 2-year license revocation (day-for-day credit possible for admin suspension or revocation already served.)
  • Either 1 year or 5 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $1,245.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment

If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 45 days in jail | Maximum 1 year in jail
  • 90 days mandatory Electric Home Monitoring (EHM)
  • As an alternative to the mandatory jail and EHM, you can request the court impose 6 months of EHM or 120 days of 24/7 Sobriety Monitoring.
  • License revocation for 900 days | 3 years for a test refusal (day-for-day credit possible for admin suspension or revocation already served.)
  • Minimum fine of $1,670.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and outpatient treatment.

Commercial drivers convicted of a second DUI, face a lifetime disqualification of the CDL.

For anyone convicted of a DUI, insurance rates may skyrocket or the policy may be canceled.

For a second offense, there is a greater likelihood that a chemical dependency evaluation will result in a recommendation for intensive treatment for alcohol or drug dependency.

Questions To Ask a DUI Lawyer

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.

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.

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.

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.

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.

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.

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Washington State Deferred Prosecution DUI

  • A deferred prosecution is a court-approved treatment program that, if successfully completed, results in the dismissal of the underlying DUI charge.
  • You may only have one deferred prosecution in your lifetime. For this reason, a deferred prosecution is generally not the best way to handle a first offense DUI, which carries minimal jail time compared to a second or subsequent DUI.
  • Entry into a deferred prosecution keeps you out of jail; therefore, it is best “saved” or to be used when facing significant jail time on a second or third DUI offense.
  • It also prevents the court from imposing a fine for the offense, allowing the court to impose only court costs and specific assessments required by law.
  • A deferred prosecution consists of two years of treatment in a court-approved and state-accredited treatment program, followed by three years of sobriety and law-abiding behavior.
  • The treating agency must send to the court proof of attendance and compliance (or non-compliance) with the treatment program on schedule, as the court requires.
  • You must complete a course of intensive outpatient (IOP) treatment as recommended by the treatment agency. In the first year of the program, you may be required to attend as many as three treatment sessions per week.
    In the alternative, the person may undergo inpatient treatment at a state-approved facility.
  • The remainder of the first year consists of weekly attendance at treatment.
    In the second year, this requirement is reduced to once a month. 
    Throughout, the person must also attend two alcoholics anonymous (or equivalent) meetings per week.
  • If you took the breath or blood test and are not accused of “refusing” the 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.
  • 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.

  • 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.

Deferred Prosecution Facts

  • Only one DP allowed in a lifetime
  • You admit to the court that you have a substance abuse problem
  • Five-year program with two years of treatment and three years of probation

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3rd DUI In Washington State

Penalties For a Third DUI

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.

  • Cash or a bail bond will have to be posted with the court to secure their release after a third DUI.
  • At the first hearing, the judge may require that the person wear an ankle GPS bracelet or carry a portable breath alcohol monitoring device when their case is pending.

Hefty consequences are imposed upon a third DUI conviction in Washington State, even if the priors were long ago or in another state.

  • The judge must sentence the person to certain mandatory minimums if this is the third offense in 7 years.
  • However, the judge can always impose up to the maximum penalty allowed by the law, even if the prior offenses occurred outside of that time period.

Third Offense DUI Conviction

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:

  • Minimum 90 days in jail | Maximum 1 year in jail
  • 120 days mandatory Electric Home Monitoring (EHM) or a Jail Alternative. 8 days in jail minimum.
  • As an alternative to the mandatory Jail and EHM, you can ask for 360 days of EHM or 24/7 Sobriety Monitoring
  • 3-year license revocation (day-for-day credit possible for admin suspension or revocation already served.)
  • Up to 10 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $2,095.50| Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment

 

If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 120 days in jail | Maximum 1 year in jail
  • 150 days mandatory Electric Home Monitoring (EHM) or a Jail Alternative. 10 days in jail minimum.
  • As an alternative to mandatory Jail and EHM, you can ask for 360 days of EHM or 24/7 Sobriety monitoring. 
  • 4-Year License Revocation
  • Up to 10 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $2,945.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment.

Felony DUI Laws In Washington State

A Fourth DUI In Washington State Could Be Considered a Felony DUI

4th DUI in Washington State

  • 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.

High Bail Set By The Judge

  • Chances are quite high that a person facing a fourth DUI in Washington will be held in custody while their case is pending unless they can post what will likely be very high bail or bond.
  • The judge is obligated to consider the community’s safety when deciding whether to allow an accused person to be released from custody.
  • Often, the judge will rule on the side of caution in this regard and may not be satisfied to let the person be free in the community, even if the person offers to have an ignition interlock device or be on electronic home detention. 

 

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.

What is a Felony DUI?

How Is A Felony DUI Proven?

Prosecution

  • Similar to a gross misdemeanor DUI, the prosecution has to prove, beyond a reasonable doubt, that the driver either had a .08 or higher breath or blood alcohol concentration, a 5 ng or higher blood THC concentration, or that the driving was affected by alcohol, marijuana or any drug to “any appreciable degree.”
  • In addition, the prosecution must prove, beyond a reasonable doubt, that the driver had been convicted of the required number of prior offenses within the required time period.
  • Unfortunately, it does not help one’s chances with a jury on the current offense if the jury is aware of the prior offenses because a jury might be unduly prejudiced by knowledge of the priors, believing that the person is guilty now simply because they did it before.
Penalties For a Fourth DUI

  • 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.

  • Washington State DUI laws and the courts’ decisions regarding them are always evolving. You need a DUI lawyer who creatively challenges the evidence against you, who understands the science and technology of breath and blood testing, and who has the experience to notice mistakes made by the police and prosecutors in DUI prosecutions, you need Callahan Law, P.S., Inc.
What Are Considered Prior Offenses for Felony DUI?
  • DUI
  • Physical Control
  • Driving or operating a commercial motor vehicle with alcohol or THC in your system
  • Vehicular homicide committed while under the influence
  • Vehicular homicide committed in a reckless manner or with disregard for the safety of others if originally filed as committed while under the influence
  • Vehicular assault committed while under the influence
  • Vehicular assault committed in a reckless manner or with disregard for the safety of others if originally filed as committed while under the influence
  • Negligent driving in the first degree, if originally filed as a DUI, Physical Control, Vehicular Homicide under the influence, or Vehicular Assault under the influence
  • Reckless driving, if originally filed as a DUI, Physical Control, Vehicular Homicide under the influence, or Vehicular Assault under the influence
  • Reckless endangerment, if originally filed as a DUI, Physical Control, Vehicular Homicide under the influence, or Vehicular Assault under the influence
  • An out-of-state conviction for any of the above offenses if they are found to be “comparable” offenses under Washington law.
  • Operating a vessel while under the influence of alcohol, marijuana, or any drug (Boating Under the Influence–BUI)
  • Operating a vessel in a reckless manner if the charge was originally filed as a BUI
  • Operating an aircraft while under the influence
  • Operating an aircraft in a careless or reckless manner if the charge was originally filed as operating an aircraft under the influence
  • Operating a non-highway vehicle while under the influence
  • Operating a snowmobile as to endanger another person while under the influence
  • A deferred prosecution granted for a DUI or Physical Control
  • A deferred prosecution for Negligent Driving in the First degree, Reckless Driving, or Reckless Endangerment if originally filed as a DUI, Physical Control, or Vehicular Homicide or Vehicular Assault while under the influence
  • A deferred prosecution in another state is granted for a DUI or Physical Control if the out-of-state program is equivalent to the Washington state program
  • A deferred sentence is imposed in a prosecution for Negligent Driving in the First Degree, Reckless Driving, or Reckless Endangerment if originally filed as a DUI, Physical Control, Vehicular Homicide, or Vehicular Assault while under the influence.

Boating Under The Influence

  • In some jurisdictions, “reasonable suspicion” is necessary to stop you in a boat.
  • In some states, however, police do not need any cause to conduct searches of vessels.
  • The answer to this question is not yet clear under Washington law. It may very well be the case that, unlike your home, the police may stop your boat at any time and inspect the boat for flotation devices and the boat’s contents for illegal activity.

  • The law states that operators of boats and vessels give implied consent to a breath test.

  • If you refuse the breath test, and the officer has probable cause to believe that you violated the law, you can expect to receive a civil infraction for up to $1,000 for refusing.

  • A hand-held, portable breath test, which is not admissible in court, is still voluntary, and a person cannot be punished for refusing this test.

    Here’s what else you need to know:

    • Blood samples may be obtained if officers obtain a search warrant if you give voluntary consent to a blood test, or in the event of an emergency (an “exigent circumstance.”)
    • The fact that a person refused a breath test is not admissible in a BUI trial.
    • An officer can administer field sobriety tests, but only when circumstances permit.

  • If someone dies as a result of a person’s operation of any vessel, the operator may be charged with homicide by watercraft.

  • This is a Class A felony offense. If someone suffers serious bodily injury caused by the operation of a vessel under the influence, the charge may be assault by watercraft.

  • Serious bodily injury means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body. This is a class B felony offense.

  • Since many rivers, lakes, and canals form state boundaries, a person might be charged in multiple different courts for the same act.
  • Because of this, you could potentially face trial and the imposition of a sentence in two or more jurisdictions for any one of your actions.
  • Double jeopardy doesn’t prohibit these multiple charges because each state and the federal government are separate sovereigns.
  • Thus, if you are believed to have operated a vessel while under the influence, you could be charged by prosecutors for the federal government and any state whose border you crossed.
  •  

Penalties for a BUI Conviction

  • Boating Under The Influence is a gross misdemeanor. The maximum possible sentence is 364 days in jail and a $5,000.00 fine.

  • The court may also order the person to pay restitution if anyone was injured or any property was damaged as a result of the BUI.

  • A BUI case can be difficult for a prosecutor to prove at trial. If there are multiple people on board, it may be difficult to establish who was operating the vessel.

  • When a person performs field sobriety tests onboard a vessel, the results may be suspect due to the movement of the boat in the water.

    Prosecutors may also have problems of a constitutional nature if officers boarded the vessel without sufficient justification, such as:

    For these and other reasons, the prosecution may be willing to negotiate a BUI charge down to a negligent operation of a vessel. Negligent operation of a vessel is merely an infraction, subject to a fine of up to $500, with no jail time.

  • However, negligent operation is a misdemeanor, punishable by a fine of up to $1,000 and up to 90 days in jail if it is a person’s third offense in one year.

washington state dui lawyer

Conclusion

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.

What Experience Does Callahan Law Offer?

  • We are Leaders in Criminal Traffic Defense
  • We Conduct and Extensive Investigation into every Case
  • We Know The Law and are Respected by Judges and Prosecutors

Why Should You Choose Callahan Law?

  • We are Compassionate and Do Not Judge You
  • We are Here to Help You Through This
  • We Create a Custom Defense for Each Client

“You deserve the best defense”

Linda M. Callahan

Snohomish County DUI Attorney

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