Driving is a necessity for many Washington State residents, but some actions behind the wheel can result in legal repercussions. Driving under the influence of a substance is one of these and is highly illegal, but that hasn’t stopped DUI charges from going on the rise in Washington State.
A DUI charge isn’t a traffic violation, like a parking ticket; it’s classified as a criminal offense. The best outcome is suspending your driving privileges. The worst, however, is imprisonment.
Our Washington State DUI lawyers have over 30 years of experience handling such charges throughout the state. Here are some details about DUI here.
DUI In Washington State Is Defined As:
DUI means “Driving Under the Influence” of a substance, typically alcohol or drugs. The law on DUI is strict. DUI is considered a gross misdemeanor, and charges happen when:
If a law enforcement officer charges you with this anywhere in Washington State, you should get advice from experienced Washington State DUI lawyers immediately. A suite of legal consequences arises from a conviction.
Washington State DUI Penalties
DUI in Washington State results in criminal penalties. These are:
The severity of penalties depends on factors like intoxication level. For example, if the BAC is over 0.15% or a test is refused, the penalties are:
DUI charges are serious, even if it is a first offense. However, Washington State law becomes even harsher when law enforcement officers charge the same driver again.
A second DUI charge may come with:
A third DUI charge escalates to:
Washington State has a set of DUI laws that apply to minors. Anyone under 21 with a BAC of over 0.02% who is charged with DUI potentially faces:
In 2022, the state formalized cannabis driving laws that have a different unit of measurement from alcohol charges. In cases specifically with cannabis, a THC amount of 0.05 nanograms or more can bring DUI charges. Other drugs will use different measurements and standards. In both alcohol and drug DUI cases, the penalties remain the same.
DUI Penalties Can Occur Even Without DrivingThere are situations where, even if a car isn’t moving or you’re not driving, the penalties normally associated with DUI can still be imposed on you. This is referred to as a Physical Control While Under the Influence Charge. It means your intoxication alone may still qualify for arrest, and the police can still charge you. This happens in situations like:
An experienced Washington State DUI attorney has a better of challenging this specific charge, as requirements for arrest are extremely broad and subject to different kinds of interpretation.
Driving While SuspendedDUI charges and other offenses may result in the suspension of a license, but some individuals, either due to financial need or defiance, attempt to drive anyway. Getting caught while doing this is a criminal offense in Washington State called Driving While License Suspended. If this happens because of a pre-existing DUI charge, it practically doubles the penalties or becomes even more severe.
DOL Hearings Based On Implied ConsentSometimes, you may attend a Washington State Department of Licensing Hearing or DOL hearing. This is a civil, administrative process designed to determine if an arrest should proceed to trial. A DUI DOL hearing works from implied consent laws, where a driver challenges the charges and suspension made after refusing to submit to take a substance test.
“Implied consent” is the legal condition where if a driver has accepted a driver’s license, this includes pre-emptively agreeing to submit to an alcohol or drug test if asked by a law enforcement officer. Refusing means an automatic suspension of your license. A DUI DOL hearing looks at four key points in challenging the charge:
Getting help from an experienced Washington State DUI lawyer is one of the few methods of changing a DOL hearing result.
Frequently Asked Questions For Our Washington State DUI LawyersWith over 30 years of experience, our Washington State lawyers have guided many people through the DUI process. The most common questions people have are:
A: You can’t. Unlike other gross misdemeanor charges, a DUI charge is permanent.
A: Every American has the right to appeal a charge, which then takes it to a superior court. It’s also possible to get outcomes changed or even dismissed even before a case goes to trial.
A: DUI has a minimum level of punishment, but other factors, like it being a repeat offense, a BAC test being refused or given, BAC levels, or injuries or death occurring, all weigh into raising fines and jail time from the minimum.
A: That still counts for DUI. If a medication has intoxicating effects and you are over the limit for that drug, like drugs or alcohol, which are both legal, this constitutes DUI.
A: A DUI attorney knows the laws and the procedures. This can mean the difference between a guilty verdict, successfully appealing a charge, getting a charge reduced, and guiding you through a trial or other legal proceedings.
With so many places to go in Washington State, it’s no wonder people entertain themselves in a metropolis like Seattle or the majestic nature of the many state parks. But when alcohol is used, this also means acting responsibly.
This applies to every resident of the state, whether that’s in Tacoma or Spokane. This doesn’t mean that perfection is expected. Mistakes can and do happen. Sometimes, that’s due to poor judgment, but if someone else has made a mistake about you, it needs to be contested, especially if it results in serious charges, such as a DUI.
Our team of lawyers has been helping people all over Washington State for over 30 years. Everyone has the right to handle their own legal matters, but like with plumbing, dentistry, or any other field, professional results come from working with professionals. Our DUI lawyers are an experienced, knowledgeable, and empathetic team dedicated to securing the best possible resolution for you.
What Is the DUI Procedure?Following the arrest, things that lead up to the trial include:
Due to the complexity of this procedure, obtaining experienced legal advice is crucial. DUI attorneys are available to help in various regions, such as:
Fife DUI LawyersFife is east of the city of Tacoma. While it doesn’t have a large population, at just 11,000 in total, the area is very diverse. If you’re a resident and law enforcement charges you with DUI, you have options nearby. There are DUI lawyers present in this part of the county.
Puyallup DUI LawyersPuyallup is another city near Tacoma, just south. It’s a more affluent area, but people here can be charged with DUI just as easily as any other part of the state. Fortunately, there are DUI lawyers in the area who provide critical legal guidance.
Lakewood DUI LawyersLakewood is conveniently positioned between Olympia and Seattle. It’s also a densely populated area with some colleges, resulting in a bustling area. Due to this density and demographic diversity, traffic incidents are common in this area; however, Lakewood DUI attorneys are readily available to assist residents if needed.
Pierce County DUI LawyersThe areas described previously are all located within Pierce County. For residents of this county, that means you don’t have to worry about finding a DUI attorney if you are charged with this offense. Numerous DUI attorneys in various parts of Pierce County can assist you.
Getting DUI Charges ChangedAn element of legal procedure DUI lawyers in Washington State can be critical if you want to reduce your charge. DUI charges can be downgraded to:
Reckless DrivingReckless driving is a gross misdemeanor, just like DUI. It also has many of the same penalties as a DUI. Unlike DUI, it can eventually be purged from a criminal record. A DUI charge, in contrast, is permanent.
Negligent Driving In The 1st DegreeFirst-degree negligent driving is classified as a criminal offense, in this case, a misdemeanor. This means that the penalties for it are less severe than a DUI charge. Similar to a reckless driving charge, this offense can eventually be removed from your record.
Negligent Driving In The 2nd DegreeSecond-degree negligent driving is not even a criminal offense. It is categorized as a serious traffic violation. While it will still affect your driving record, and fines must be paid, this is the least serious charge and does go on a criminal record.
There Are Charges Other Than DUIDUI attorneys throughout Washington State can help with a huge range of traffic-related charges. Even without a DUI charge, these attorneys have the knowledge and experience to help with:
Reckless EndangermentReckless endangerment is another offense categorized as a gross misdemeanor. The difference here is that it doesn’t just apply behind the wheel. Actions in or near a vehicle or unrelated to driving may qualify as reckless endangerment. This broader scope also makes it easier for DUI attorneys to challenge the charge.
RacingRacing is a type of reckless driving that merits its own charge. With enough evidence, this isn't easy to dismiss. However, there are numerous instances where law enforcement officers may misinterpret circumstances, and a DUI attorney with the right knowledge of traffic law can work to challenge or even overturn this.
Hit & RunA hit-and-run incident offense carries two types of charges, both of which are criminal. The less serious charge is an unattended hit-and-run, which occurs when only property is damaged before the driver flees the scene. The much more serious charge is the attended hit-and-run charge when an occupied vehicle or a cyclist or pedestrian is hit before fleeing the scene. An attorney should be consulted immediately for charges this serious.
Vehicular AssaultThis is an extremely serious criminal charge involving injury or death when being struck by a vehicle. It’s sometimes an additional charge in cases of DUI, reckless driving, or other vehicular offenses where death or injury occurs. This charge should always be handled by a DUI attorney.
Traffic ViolationsTraffic violations are less serious since they are not considered crimes, but they can still impact your driving record and insurance rates. DUI attorneys can actually help with:
Speeding & School Zones ViolationsSpeeding is a frequent traffic violation throughout Washington State. However, when it occurs in a school zone, the penalties get more severe. A Washington State attorney can sometimes help resolve this ticket if the right circumstances are present.
Speeding Too Fast For Conditions & Other ViolationsThe police don’t have to wait for you to exceed the speed limit; they can decide that you are driving too fast for the current conditions. For example, if road conditions are icy, you can still get ticketed even if you’re following the speed limit. There are additional violations, such as following other vehicles too closely or making improper lane changes, that Washington State DUI attorneys can also help fight and dismiss.
Speeding In A Construction ZoneConstruction zones are another special area with their own sets of vehicle laws. Due to the changing nature of these areas, special speed limits can come and go. However, with the right conditions and the assistance of a skilled DUI attorney in Washington State, it may be possible to challenge and potentially have this ticket dismissed.
Handheld Device Usage/Distracted DrivingUsing a cell phone or other handheld devices while driving is illegal in Washington State. These activities fall within the general category of distracted driving. An experienced DUI attorney can challenge or dismiss such a ticket in specific situations.
HOV ViolationHigh Occupancy Vehicle Lanes are assigned a special set of laws regarding driving rules. This also means they carry their own set of penalties for breaking those laws. Depending on the situation and what police officers may or may not have known or seen, it is possible to fight this ticket and even get it dismissed.
Commercial Driving License Violations“CDL” drivers operate a distinct class of vehicles with their own unique performance requirements. This requires specific changes to lane usage laws, but CDL drivers can still violate these laws. They also have distinct violations for acts, like wheels off the roadway or overweight tickets, which require an experienced DUI attorney with an understanding of Commercial Driving Laws to resolve.
Failure To Yield/StopObeying traffic signs is something anyone with a driver’s license learns to do, and stop and yield signs have specific laws in place to regulate their use. Unsurprisingly, this also means specific penalties come into play when these laws are violated. If you believe the ticket you received for this violation is wrong, a lawyer may be able to intervene.
If you’re facing DUI charges or other traffic violations that you want to challenge, we’re here to help. Our Washington State DUI lawyers have the experience, expertise, and empathy to help change your outcome. Contact us today.