45+ Years
Of Combined Experience
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 for a suspected DUI, and things go even further downhill from there. That is when you need a Seattle DUI attorney on your side.
An arrest is bad enough, but a DUI conviction in Washington State can have serious consequences ranging from a suspended license to jail time. Because of this, it’s important to have a law firm by your side that knows the ins and outs of DUI laws in Washington State.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 to schedule a consultation.
Washington does not treat marijuana or other drugs any more leniently than alcohol behind the wheel. The state sets a per se limit of 5.00 ng/ml of active THC in your blood, meaning a test result at or above that level can support a DUI charge on its own, separate from any argument about whether you seemed impaired. Below that number, you can still be charged if the officer and prosecutor believe the evidence shows you were actually impaired.
The same is true for prescription medication and over-the-counter drugs. There is no legal limit that protects you just because a doctor wrote the prescription or the box is sold at a pharmacy. If a medication affected your ability to drive safely, you can be charged with a DUI.
Drug DUI cases are also built differently than alcohol cases. There is no breath test for THC or most other drugs, so the state relies on a blood draw and the observations of a Drug Recognition Expert, a specially trained officer who evaluates things like pupil size, muscle tone, and behavior. Those evaluations are far more subjective than a breath test number, which often gives us more to work with in your defense.
For a non-citizen, a DUI not only puts your freedom at risk in the short term, but it can put your immigration status at risk for years after the case is over. A DUI conviction can affect a pending visa application, a green card renewal, or a future naturalization case, and some facts of a case, like a very high BAC or an accident, can carry extra weight with immigration officials. If you are not a citizen, talk to us before you agree to any plea. We coordinate with immigration counsel when a case calls for it, so your criminal defense and your immigration status are not working against each other.
Canada can deny entry to travelers with a DUI on their record, even years later and even for a first offense. This surprises a lot of clients who assumed an old misdemeanor would not follow them across the border. How your case resolves, whether it ends in a conviction, a reduced charge, or a dismissal, can matter for your ability to travel later. If cross-border travel matters to you for work or family, tell us early so it factors into how we handle your case.
Our DUI defense work does not stop at the Seattle city line. The city where you were stopped usually decides which court hears your case, so an arrest on I-5 or I-405 can put you in a courtroom well outside Seattle. Wherever your case lands in King or Snohomish County, we can defend it at arraignment, at the DOL hearing, and in court.
Whether you need a DUI lawyer in Everett, WA or a DUI attorney in Lynnwood, the first step is the same as it is downtown: protect your license by requesting the DOL hearing inside the 7-day window. For a Lynnwood DUI arrest, a Lynnwood criminal defense lawyer from our firm can take that step for you right away. Further up I-5, if you were charged with a DUI in Everett, an Everett criminal defense lawyer on our team handles the hearing request and the criminal case together, so nothing falls between them.
If you need a DUI lawyer in Bellevue, the case starts with the same questions we look at in every DUI: why you were pulled over, how the field sobriety tests were run, and whether the breath or blood result holds up. A Bellevue criminal defense lawyer on our team works through each one with you. If you need a DUI lawyer in Kirkland, farther north along I-405, talk to a Kirkland criminal defense lawyer about your options before you speak with anyone else about the case. If you were arrested for a DUI on Mercer Island, a Mercer Island criminal defense lawyer from our firm can review the stop and the evidence with you.
South of Seattle, a DUI in Kent or Renton follows the same process and the same deadline. If you need a DUI lawyer in Kent or Renton, contact a Kent criminal defense lawyer or a Renton criminal defense lawyer at our firm as early as you can, because the DOL clock starts the day you are arrested.
If this is your first DUI and alcohol or drug use played a role, you may qualify for deferred prosecution, a treatment-based alternative under Washington law that can let you avoid a DUI conviction in exchange for completing a multi-year treatment program. It is not the right fit for every case, but for the right client it can be the difference between a conviction and no conviction at all.
If you hold a commercial driver’s license, a DUI conviction, even one that happened in your personal vehicle, can disqualify you from driving commercially for a year or more. We factor your CDL into how we handle your case from the first conversation.
Washington also charges boating under the influence under a similar framework, and we handle BUI cases with the same approach we bring to DUI defense on the road.
Will & Will is a husband-and-wife criminal defense law firm with 45+ years of combined criminal defense experience. Our goal in every DUI case is to achieve the best possible outcome through dedicated and tireless advocacy, because your license, your job, and your freedom can be directly impacted.
A DUI charge can feel like it puts your job, your license, and your freedom all at risk at once, and it often does. Schedule a consultation so you can talk through what happened with a DUI defense lawyer and understand what you are facing before you commit to anything.
We charge fair, competitive flat fees, so you know what your defense will cost before you hire us. We also offer payment installments, because we would rather you hire the right attorney than delay because of cost.
We charge fair, competitive flat fees for DUI defense, so you know your cost before you commit.
Our fees are not the lowest in the Puget Sound, and they are set to reflect the work a DUI defense requires. We also accept payment installments. Schedule a consultation, and we will walk you through what to expect.
It depends on which test. The portable breath test an officer may offer at the roadside, before any arrest, is voluntary, and refusing it does not trigger a license penalty. The breath test that counts comes after an arrest, usually at the station. Under Washington’s implied consent law (RCW 46.20.308), you can still refuse that test, but the officer must warn you that refusing will cost you your license. Under RCW 46.20.3101, a first refusal carries a one-year revocation by the Department of Licensing, and a second or later refusal within seven years carries two years, separate from any criminal case. If you are later convicted of the DUI, the conviction carries its own, longer license penalty, shown in the table above. Refusal can also be used against you at trial, but it is defensible, and it does not mean your case is over before it starts.
Longer than most misdemeanors. Washington allows many misdemeanor and gross misdemeanor convictions to be vacated, a process people often call expunging or vacating a record, but DUI convictions under RCW 46.61.502 and physical control convictions under RCW 46.61.504 are specifically excluded from that process under RCW 9.96.060. In plain terms, a DUI conviction in Washington generally cannot be expunged or vacated later. That is exactly why it is worth fighting the charge itself, rather than planning to clean up the record afterward.
Yes. Even a first-offense DUI carries mandatory minimum jail time or its alternatives, a fine, and a license suspension the moment you are convicted, and you only have 7 days after your arrest to request a DOL hearing to try to protect your license before any of that happens. If you were booked into jail, you may be arraigned as soon as the next business day. If you were cited at the time of arrest, Washington law requires you to appear in person before a judge within one judicial day, unless the local court sets a different early date by rule. Bringing in a Seattle DUI attorney early matters because decisions made in the first week of your case can affect everything that follows.
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 when 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 the 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.
You can still be charged with a DUI with a BAC under .08%. In that case, the prosecutor must prove beyond a reasonable doubt that you were in fact under the influence of alcohol and that this caused your “ability to drive a motor vehicle [to be] lessened in any appreciable degree.” Prosecutors generally try to support their theory on this by pointing out poor/erratic driving as the reason for the stop, followed by numerous objective signs of intoxication (bloodshot/watery eyes, odor of alcohol, slurred speech, etc.) and poor performance on Field Sobriety Tests.
After a DUI conviction, Washington courts typically require you to complete additional steps, including:
Possible results include dismissal, a not guilty verdict, a reduced charge, reduced penalties, or deferred prosecution. Every case turns on its own facts, so we cannot tell you which result fits yours until we have reviewed and litigated it. We have achieved each of these results for clients:
Contact us for a full explanation of each outcome and which ones may apply to your case.
Yes. If you are under 21, you can get a “minor DUI” with a .02% BAC or greater, or any THC concentration above 0.00 in your blood (RCW 46.61.503). Drivers under 18 also face the juvenile court process, covered on our juvenile crimes page. Give us a call for a full explanation of the differences between a regular DUI and a minor DUI.
We cannot promise a specific outcome, and no attorney can honestly promise one. What we do promise is a thorough defense: we review every part of your case, pursue the strongest position the facts allow, and keep you informed along the way. You can call or text us, and if we do not answer right away, we will get back to you quickly.
Through detailed work on every part of your case. Some of the legal issues we analyze while handling your DUI case:
Some of the mitigating factors we introduce and discuss during negotiation:
It depends on the facts of your case, and no attorney can honestly predict the outcome before reviewing the evidence. Be cautious of any attorney who guarantees a reduction or dismissal at the first meeting. What we can commit to is a thorough review of the stop, the testing, and the police reports, and a defense built to pursue the best result the facts support.
No. We handle criminal matters of all kinds, including DUIs. Every case, whatever the charge, gets the same careful review and preparation.
Contact an attorney before that date. A lawyer can review the charge, prepare you for the hearing, and make sure you do not give up rights or miss deadlines without knowing it. If your court date is close, contact us now so we have time to prepare.
Stop talking about the case and contact an attorney. Every situation is different, but three rules apply in every DUI investigation:
From there, we need to hear more about your individual situation to advise you further. In the meantime, please view our video below on the subject and visit our Under Investigation page.
Request your DOL hearing through the Department of Licensing as soon as possible. Key facts:
What to expect at the DOL hearing:
The DOL hearing is narrower than your criminal case. The law judge considers a short list of questions set by Washington’s implied consent law:
Each of those questions is a place to challenge the state’s case. A problem with the warnings or the testing record can be enough to keep your license, and the same issues may matter again in the criminal case.
Requesting the hearing on time keeps your driving privilege in place for now. You can keep driving until the law judge issues a decision, which can take up to 30 days after the hearing. If the judge upholds the suspension or revocation, DOL mails you the decision with the date it begins.
If the decision goes against you, you can appeal to the superior court in the county where you were arrested. The appeal must be filed within 30 days from the date the order is served, and DOL charges a $40 fee to prepare the hearing record. We will go over the decision with you and tell you plainly whether an appeal makes sense.
Talk to a Seattle DUI attorney before you make any decisions about your case. Send us a message using our contact form or reach out to us by phone, text, or email.
