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Washington drunk driving cases are most commonly
referred to as DUI or driving under the influence and sometimes DWI – Driving While Intoxicated.
Washington does have a "per se" law, meaning
that you may be convicted of a
DUI in Washington if
you drive with an
alcohol level of .08 or greater.
If someone is arrested for drunk driving, DUI or DWI, refusal
to take a
chemical test can be used against them in
court, and also result in harsher
penalties in court
and with their
driving privilege.
The
washout period for prior drunk driving
convictions is 7 years.
 NOTE: The Seattle Municipal Court has special
rules, and demands special attention:
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The Seattle Municipal Court one of the busiest
courts in Washington, and has many unique policies and
procedures related to DUI arrests. It is extremely important to retain a qualified Washington DUI defense lawyer who is familiar with the prosecutors and local
practices. To find a local drunk driving defense lawyer, choose your county from
either the county map at the top right of this page or
form the county drop-down at the top left of this
page.
- IMMEDIATE APPEARANCE
Most courts take up to a month or more to file your
case; not Seattle. If you are arrested for a DUI in
Seattle, you will be required to appear in Court
within 48 hours of the next business day.
- FIRST APPEARANCE PRETRIAL RELEASE POLICIES -
BAIL
In most courthouses, the prosecutors do not seek to
increase bail at the first court appearance.
However, Seattle prosecutors usually request
substantial bail and pretrial release conditions on
ALL DUI cases, which can include such things as
attending AA classes, the immediate installation of
ignition interlock devices, and
abstinence from all
alcohol.
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Oftentimes, those (alleged DUI offenders) who appear unrepresented find
themselves taken to jail immediately until they can
post bail. NO PERSONAL CHECKS OR CREDIT CARDS ARE
ACCEPTED TO PAY FOR YOUR BAIL. Instead, you'll have to
sit in jail until arrangements can be made. It is
critical that an experienced DUI / DWI lawyer represent you to
ensure your immediate release.
Punishment in Criminal Court
 First DUI Offense/ no prior DUI offense in the last 7 years and breath test under .15% or no breath test but not a refusal.
First DUI Offense/ no prior DUI offense in the last 7 years and breath test .15% or higher or refusal to take breath test.
One prior DUI Offense in the last 7 years and breath test under .15% or no breath test but not a refusal.
One prior DUI Offense in the last 7 years and breath test .15% or higher or refusal to take breath test.
Two Prior DUI Offenses in the last 7 years and breathe test under .15% or no breath test but not a refusal.
Two Prior DUI Offenses in the last 7 years and breath test .15% or higher or refusal to take breath test.
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DMV Penalties
Breath Test .08 or Higher
90 day license suspension.
Two year license revocation if second or subsequent
administrative action within seven years.
- License is marked for 60 days.
- 30 days to request hearing
- $100 hearing fee unless indigent
- Hearing within 60 days of arrest
- $150 reissue fee
- SR-22 Insurance required 3 years thereafter
- Occupational/Restricted License is available
after 30 days on first offense, one year on second
and subsequent DUI's
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Refusal To Take A Breath Test
One year license revocation if refused the test and
no prior administrative actions within seven years.
Two year license revocation if second or subsequent
administrative action (refusal or breath test over
legal limit) within seven years.
- License is marked for 60 days
- 30 days to request hearing
- $100 hearing fee
- Hearing within 60 days of arrest
- $150 reissue fee
- SR-22 Insurance required 3 years thereafter
- One year license revocation even if driver
enters into a deferred prosecution
- Occupational/Restricted License is available
after 90 days on first offense, one year on second
and subsequent DUI's
Washington drivers are able to check their driver's
license status online by
CLICKING HERE.
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Circumstantial Evidence
The difference between direct and circumstantial
evidence is critical to understand in drunk driving and DUI
cases. Direct evidence refers to those things that are
directly observed. Circumstantial evidence refers to
inferences that can be drawn from other items of
evidence. For example, if a witness sees water falling
from the sky, that observation is direct evidence that
it is raining. However, if a witness walks outside in
the morning, sees puddles on the ground, sees water
rushing through the rain gutters, sees water beaded up
on the car, those observations are circumstantial
evidence that it has rained.
DUI cases are entirely circumstantial. Evidence of
poor driving, evidence of substandard Field Sobriety
Tests, evidence of red and watery eyes and the odor of
alcohol on the breath, these are all circumstantial
evidence of impairment.
Likewise, the chemical test evidence is
circumstantial evidence. It is illegal to drive above
the legal limit; it is not illegal to be above the
legal limit at the time of testing, which is usually
at least a half-hour after driving. The later chemical
test is merely circumstantial evidence of what the
alcohol level was at the time of driving. If the
accused gave a breath or blood test while driving,
that would be direct evidence. Because of the passage
of time, the evidence is, instead, circumstantial evidence.
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Reasonable Doubt
Every defendant in a criminal case (DUI included) is entitled to
put the prosecution to its proof, and, unless the
prosecution convinces the finder of fact (jury, or
judge in states that do not allow jury trials for
drunk driving cases) that defendant's guilt has been
proven beyond a reasonable doubt, the defendant is
entitled to a judgment of not guilty.
Every lawyer has his or her own way of describing
this level of proof. It is the highest burden known in
the law. |
One day in jail minimum, one year maximum OR 15 days Electronic Home Detection
