Being arrested for a DUI starts two processes on two separate clocks: the criminal case in court, and an administrative case against your driver’s license with a deadline measured in days. Most people only learn about the second after it has passed. This article walks through what happens after a DUI arrest in Washington, from the roadside to your first court date, so you know which decisions cannot wait.
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What Happens When You Get Arrested for DUI?
An arrest for DUI usually starts with a traffic stop. The officer asks questions, looks for signs of impairment, and may ask you to do roadside field sobriety tests or blow into a handheld preliminary breath test. In Washington, those roadside tests are generally voluntary. Declining them is not the same as refusing the evidential breath test later, which carries its own consequences.
If the officer finds probable cause, you are arrested and taken to a station or jail. Under RCW 46.61.502, a person commits DUI by driving with an alcohol concentration of 0.08 or higher within two hours after driving, or while under the influence of (or affected by) alcohol or a drug.
The Breath Test and Washington’s Implied Consent Law
At the station, the officer will ask you to take an evidential breath test. Washington’s implied consent law, RCW 46.20.308, requires the officer to read you specific warnings.
| Implied Consent Warnings at a Glance (RCW 46.20.308) | |
|---|---|
| If you… | What the officer must tell you |
| Refuse the breath test | Your license will be revoked or denied for at least one year, and your refusal may be used against you at a criminal trial |
| Test at 0.08 or higher (21 and over) | Your license will be suspended, revoked, or denied for at least 90 days |
| Test at 0.02 or higher (under 21) | Your license will be suspended, revoked, or denied for at least 90 days |
| Face any of the above | You may be eligible for an ignition interlock license |
The implied consent law covers the breath test. A blood draw is different: police generally need a search warrant, your valid waiver, or exigent circumstances to take your blood. You also have the right to speak with an attorney before deciding on the breath test, and you should ask for one.
What Happens at Booking?
After the breath test, you are booked. Officers record your personal information, take your photograph and fingerprints, and hold your belongings. From there, one of two things usually happens:
- You are released, often with paperwork telling you when and where to appear in court.
- You are held in custody until you see a judge.
If you are held, Washington court rules require that you appear before a judge as soon as practicable, and no later than the close of business on the next court day. A judge must also find probable cause for the arrest within 48 hours. In King County, that first appearance typically happens the next business day after booking.
Booking is a good time to involve a DUI defense attorney, who can start working on your release before your first appearance instead of meeting you in the courtroom.
Your License and the 7-Day DOL Deadline
This is the step many people miss. The officer also serves you notice that the Department of Licensing intends to suspend, revoke, or deny your license. That notice starts its own clock, separate from anything the court does.
| The DOL Clock After a DUI Arrest (RCW 46.20.308) | |
|---|---|
| Deadline | What it means |
| Day of arrest | You are served notice of the license action, and your license becomes a temporary license |
| 7 days after notice | Last day to request a DOL hearing. The request costs $375 |
| 30 days after arrest | Your suspension, revocation, or denial takes effect unless a hearing is pending or you win it |
Miss the 7-day window, and you lose the chance to challenge the license action at a hearing. The DOL case and the criminal case are decided by different people under different rules, so the outcome of one does not decide the other.
If you or someone you know was just arrested for DUI, contact Will & Will.
How Soon Is Arraignment After a DUI Arrest?
Arraignment is your first formal court appearance on the charge. The charge is read, you enter a plea, and the court sets conditions of release. Timing depends on your custody status:
| Your situation | When arraignment must happen (CrRLJ 4.1) |
|---|---|
| Held in jail, or released on conditions for the same charge | No later than 3 days after the complaint is filed |
| Not held and not on release conditions | No later than 14 days after the first appearance following the filing |
Your attorney can often enter a written appearance and a “not guilty” plea for you in place of a separate arraignment. Any release conditions the judge sets last for the life of the case, and breaking one can land you back in custody. See our guide on violating pretrial release conditions.
What to Do After a DUI Arrest, and What to Avoid
What happens if you get a DUI and do nothing for a week? You can lose your license hearing before your case starts. Here is what protects you.
Do This
- Request your DOL hearing within 7 days. Put the deadline on your calendar the day you are released.
- Talk to a criminal defense attorney early, ideally before the DOL deadline and before arraignment.
- Keep every piece of paper the officer or jail gave you, including the license notice and any court date.
- Write down what happened while you still remember it: where you were, what you drank and when, and what the officer said.
- Follow every release condition exactly as the court sets it.
Avoid This
- Do not discuss the arrest with the police beyond identifying yourself. You have the right to remain silent.
- Do not post about it on social media or text friends about the details. Messages can become evidence.
- Do not drive on a suspended license once the license action takes effect. That is a separate charge.
- Do not miss a court date. A missed appearance can lead to a warrant.
What Comes After Arraignment?
After arraignment, the case moves into pretrial. Your attorney reviews the police reports, video, and breath test records, challenges evidence that was gathered improperly, and negotiates with the prosecutor. Some cases are dismissed or reduced, and some go to trial. For some first-time clients, deferred prosecution, a treatment-based alternative under Washington law, may be an option.
One thing to know now: a DUI conviction in Washington generally cannot be vacated later, unlike many other misdemeanors. That makes the early stages of the case the most important.
For how penalties are structured if a case ends in a conviction, see our DUI defense page.
Frequently Asked Questions About DUI Arrests
What happens after a DUI arrest in Washington?
You are asked to take an evidential breath test, booked, and either released or held until a judge sees you by the next court day. You are also served notice of a license action, with 7 days to request a DOL hearing.
Can I refuse a breath test after a DUI arrest?
You can, but the officer must warn you that refusal means a license revocation of at least one year and that the refusal can be used against you at trial. Roadside tests before arrest are a different matter and are generally voluntary.
How long do I have to request a DOL hearing after a DUI arrest?
Seven days from the date you are served notice, under RCW 46.20.308. The hearing request costs $375, and missing the deadline means the license action takes effect 30 days after the arrest without a hearing.
How soon is arraignment after a DUI arrest?
If you are held in jail or released on conditions, arraignment must happen within 3 days after the complaint is filed. If you are not, it must happen within 14 days after your first appearance following the filing.
What should I do after being arrested for a DUI?
Request your DOL hearing within 7 days, talk to a criminal defense attorney before arraignment, keep your paperwork, and follow every release condition. Do not discuss the case with police or on social media.
Arrested for DUI? Talk to a Defense Attorney Now.
The days right after a DUI arrest decide whether you keep the right to fight for your license and how your case starts in court. We are a husband-and-wife criminal defense law firm with 45+ years of combined criminal defense experience and 140+ verified Google reviews, and Court Will is recognized as Super Lawyers 2024.
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