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After a night out, you just want to go home and get to bed. You had something to drink, but you feel fine. Next thing you know there are lights and sirens behind you. You pull over. It’s dark and cold out. You’re tired but you’re getting asked question after question and told you should blow into a portable breath test and walk on an imaginary line. You’re arrested and things go even further downhill from there.
An arrest is bad enough, but a DUI conviction in Washington State can have serious consequences ranging from jail time to a suspended license. Because of this, it’s important to have a law firm by your side that knows the ins and outs of DUI laws and how to spot all the mistakes the police can make in these cases. Over the years, we have handled more DUI’s than we can count and will make sure you are getting the best possible outcome.
Below, you’ll find answers to many common questions related to DUI allegations, but the best way to make sure your individual questions are answered is to simply give us a call for a free, no strings attached consultation.
| Offense No. | 1st Offense in 7 years | 2nd Offense in 7 years | 3rd or 4th Offense in 7 years |
|---|---|---|---|
| License | 90 day suspension; Ignition Interlock Device (IID) Required | 2-year revocation; IID Required | 3-year revocation; IID Required |
| Minimum Jail | 1 day in custody; OR 15 days Electronic Home Monitoring (EHM) | 30 days in custody + 60 days EHM | 90 days in custody + 120 days EHM |
| Minimum Fine | $940 | $1,195 | $2,045 |
| Offense No. | 1st Offense in 7 years | 2nd Offense in 7 years | 3rd or 4th Offense in 7 years |
|---|---|---|---|
| License | 1 Year revocation; OR 2 year revocation if BAC Refusal; IID Required | 900-day revocation; OR 3 year revocation if BAC Refusal; IID Required | 4 year revocation; IID Required |
| Minimum Jail | 2 days in custody; OR 30 days EHM | 45 days in custody + 90 days EHM | 120 days in custody + 150 days EHM |
| Minimum Fine | $1,195 | $1,620 | $2,895 |
To be found guilty of driving or of being in physical control of a vehicle under the influence, at least one of two things must be proven beyond a reasonable doubt: you (1) had a .08%+ BAC or 5.00+ ng/ml THC; and/or (2) you were under the influence of drugs or alcohol at the time of driving regardless of your actual BAC/THC level.
There is a separate DUI charge in Washington State called Physical Control of a Vehicle While Under the Influence. Unfortunately, the penalties for being convicted of a physical control charge are the same as a regular DUI. There are no specific jury instructions to truly define what constitutes physical control, but where we most often see it is the example of where an officer does not actually observe you driving but rather finds you sitting/sleeping in the driver’s seat of your car with or without the engine running.
There is an affirmative defense for physical control that is not available for a DUI. If you were parked safely off the roadway then you can argue you are not guilty of physical control. We would have to burden of proving you were safely off the roadway by a preponderance of the evidence. Factors to be considered by the trier of fact for this defense include any relevant evidence such as how much “control” you had over the vehicle and the exact location you are parked.
The courts in Washington typically require you to jump through a few additional hoops if you end up with a DUI conviction on your record, including completion of the following:
Because every case has its unique set of facts and circumstances, it’s not possible for us to tell you what result you will get on your particular case until we have had a chance to fully litigate it. That said, here are some potential results; all of which we have achieved for our clients:
Get in touch with us for a full explanation of what these outcomes mean and how we can achieve them.
The answer to this varies depending on your particular situation, but there are three universal pieces of advice:
From there, we need to hear more about your individual situation to advise your further. In the meantime, please view our video below on the subject and visit our Under Investigation page.
