Washington State DUI Penalties
49% of all traffic fatalities in Washington State involved a drunk or high driver. We also rank as the state with the eighth-highest DUI arrests in the entire country, making it clear that DUIs are a big problem in the state. This explains why lawmakers have created serious penalties for DUIs.
When law enforcement charges you with a DUI, you are facing far-reaching consequences that will impact every area of your life, especially for our service members stationed at Lewis-McCord. It has legal, financial, and professional penalties that many people do not recover from. Washington State's steep penalties are why you always need to speak to an attorney if Tacoma police arrest you for a DUI.
For over 30 years, our DUI defense attorneys in Pierce County have been fighting these strict penalties. We'll challenge the evidence, argue your case, and obtain a favorable outcome. Contact us now for a free consultation with an experienced Tacoma DUI lawyer who will help you understand your rights.
What Are The Penalties In Washington State For A DUI Conviction?A DUI conviction in Washington State can bring severe consequences that impact many areas of your life. Under RCW 46.61.502, penalties increase with each DUI offense:
- First Offense: A first DUI offense can result in a minimum of 24 hours in jail (up to 364 days), fines of up to $5,000, and a 90-day license suspension.
- Second Offense: If this is your second DUI, penalties become harsher, with mandatory jail time, a longer license suspension (up to two years), and mandatory alcohol treatment.
- Third Offense: A third offense can result in a felony charge, with possible prison time, extended license revocation, and hefty fines.
- Ignition Interlock Device: You may have an ignition interlock device in your car for a period as per RCW 46.20.740.
Aggravating factors like reckless driving, speeding, or an accident can increase the severity of the penalties.
The Hidden Impacts Of A DUI Conviction In Washington StateDUI convictions have consequences that a lot of people don't think about. After a conviction in Tacoma, many people face:
- Job Barriers: Tacoma employers will often not hire people with a criminal record.
- Insurance Increase: Your insurance premiums will go up because you are now a high-risk driver.
- Travel Restrictions: Many countries, like Canada, won't let you enter with a DUI conviction.
- Criminal Record: A DUI conviction leaves a permanent mark on your criminal record, preventing you from getting housing, loans, and more.
Because the consequences of a DUI conviction are far-reaching, you must speak with a qualified attorney to help you get a favorable outcome for your case.
Can I Reduce The Penalties For A DUI In Pierce County?Yes, there are potential ways to reduce the penalties for a DUI conviction in Tacoma. However, you must have experienced legal counsel on your side. Our Tacoma-based DUI attorneys have worked with clients across Pierce County to:
- Negotiate With Prosecutors: Our Tacoma law offices can negotiate a plea deal with Pierce County prosecutors to reduce your charges or sentence. Negotiation could involve entering a diversion program or reducing jail time in favor of rehabilitation.
- Challenge The Evidence: We can challenge the validity of breathalyzer tests, FSTs, or the circumstances of your arrest.
- Defend Against License Suspension: In certain situations, we may be able to delay or reduce the length of your license suspension or get you restricted driving privileges.
- Work Out Sentencing Alternatives: In some cases, we can help you avoid jail time through programs like house arrest, work release, or electronic monitoring.
DUI convictions in Pierce County are no joke. Fortunately, you can minimize its impact on your life with the right defense team. Contact us today for a free consultation to discuss your case, reduce your penalties, and explore your legal options.
FAQs About DUI Penalties In Washington StateFor over 30 years, we've represented people like you against DUI charges in Tacoma. Our attorneys know the law, the process, and how to fight for reduced charges and penalties. They are always available to answer your most frequently asked questions (FAQs):
A: If this is your first DUI in Washington, you'll still face serious criminal penalties. Under RCW 46.61.5055(1)(a), a first-time DUI with a BAC of 0.08% or higher or a positive THC test over 5.00 ng/mL carries a mandatory minimum of 1 day in jail, up to 364 days, and a $990.50 fine minimum, not including court fees. The court can also order electronic home monitoring, license suspension, and an ignition interlock device.
In Tacoma, we see first-time DUI cases at the Pierce County District Court near the Tacoma Dome. Don't expect leniency just because it's your first charge. Tacoma judges take impaired driving seriously, especially in areas like Stadium District or Sixth Avenue, where pedestrian and bar traffic are heavy. A DUI conviction stays on your records and counts against you for seven years if you're ever charged with a DUI again.
A: Refusing a breathalyzer in Washington triggers automatic penalties under RCW 46.20.308, also called the Implied Consent Law. Refusal results in a license suspension of at least one year, regardless of whether you're convicted of DUI. That suspension comes from the DOL, not the court.
Pierce County prosecutors often argue that refusal shows "consciousness of guilt," and judges take that into account during sentencing. Even in Tacoma, we've seen this used to push for harsher penalties. You have a right to challenge the suspension, but it must be done within 7 days of the arrest.
A: Yes, but it's not automatic. Washington State offers a Restricted Driver License (RDL) under RCW 46.20.385, sometimes called an ignition interlock. You can apply if your license has been suspended due to a DUI or refusal to take a breathalyzer. The courts require you to install an ignition interlock device, carry SR-22 insurance, and pay reinstatement and application fees.
In Pierce County, we've helped clients in areas like South Hill and Downtown Tacoma keep driving to work, school, and medical appointments through this process. However, you must act quickly. The DOL won't wait while your criminal case drags on.
A: Yes, and it's common in Tacoma. Under RCW 46.61.5055, the court can convert mandatory jail time to EHM at the judge's discretion. You'll still be confined, but instead of jail, you serve your sentence at home with a GPS ankle bracelet. EHM is often granted for first-time or second-time DUIs, especially when there are no accidents or injuries involved.
Pierce County judges often order EHM through Judicial Services in Tacoma, and you'll need to cover the daily monitoring fees, which can range from $15 to $30 per day. If you live in an area like North End Tacoma or commute to Tacoma for work, EHM may give you the flexibility you need while still complying with court orders.
A: Yes, but only up to a point. The court must impose the minimum mandatory fine under RCW 46.61.5055, which starts at $990.50 for a first DUI and goes up depending on BAC level and prior offenses. However, the judge has the discretion to consider your ability to pay when setting payment plans or granting community service in place of some fines.
We've worked with clients in Hilltop and Eastside Tacoma undergoing financial hardship. While the court will often allow a structured plan if you're up-front, you have to request it. Waiting until you're in collections won't help your case.
A: Your BAC directly impacts how severe your sentence can be. Under RCW 46.61.5055(1)(b), if your BAC was 0.15% or higher, or you refused an alcohol test, the mandatory minimum jail time jumps from 1 day to 2 days, and the minimum fine increases. It also affects your license suspension and may disqualify you from certain alternatives like deferred prosecution or DUI court.
In Tacoma courts, judges often view high BAC cases as more dangerous, especially if you were pulled over near schools, parks like Point Defiance, or busy areas like Tacoma Mall. A 0.18% BAC near a residential zone will absolutely get more scrutiny than a borderline result. Your BAC is one of the first things prosecutors use to argue for harsher terms.
Let us know if you need help reviewing your BAC results, challenging the stop, or negotiating the sentence. Our office has been providing DUI defense across Tacoma and Pierce County for three decades, so we understand the local court system, including the prosecutors, judges, and specific procedures. Our goal is to protect your future. Contact us today.
With three decades of combined experience in Pierce County courts, we know how to negotiate reduced charges, get DUIs amended to reckless or negligent driving, and, in many cases, keep you out of jail. We've helped clients avoid harsh penalties after arrests near Allenmore Golf Course, Pacific Lutheran University, and stops along South Tacoma Way.
We get results because we know Tacoma. If Tacoma police pulled you over after leaving a show at the Pantages Theater, caught you speeding near Swan Creek Park, or arrested you after a checkpoint on Portland Avenue, we've handled cases just like yours. We break down the evidence piece by piece, including your field sobriety test performance, breath test calibration logs, and the officer's training history. Using CrRLJ 4.7, we demand discovery from prosecutors and force them to turn over everything, including dashcam footage and witness statements. If something's missing or out of compliance, we move to suppress it. We've challenged stop validity in neighborhoods like West End, North Slope, and Salishan, and we've had charges reduced when the arrest report didn't line up with the facts.
Not every DUI charge ends in a conviction. In fact, a big part of our work is getting charges amended through aggressive negotiation and strong pretrial motions. We've helped clients avoid jail time after being arrested in Old Town, along Marine View Drive, and outside bars on Sixth Avenue. Our team fights hard to secure outcomes like deferred prosecution programs, reduced license suspensions, and alternative sentencing. We've even worked with clients arrested at Tacoma Narrows Airport and brought DUI charges down to civil infractions by pointing out procedural violations under WAC 448-15-020, which governs breath-testing devices. If you're serious about protecting your record, job, and license, we're ready to get to work.
DUI Convictions Have Lasting Consequences In TacomaJudges punish DUIs. They can suspend your license, make you use a breath machine to drive, and even order you to pay big fines, go to rehab, serve time in jail, and go on probation. It's a lot, but an attorney can help. We will fight the charges and work with the judge to go easy on you. Call us now to speak to our DUI attorneys for free.
What Happens If I Go To Court For A DUI In Tacoma?If you've been arrested for DUI in Tacoma, you're probably wondering what happens when you show up to court. The process is more serious than most people expect. DUI cases move fast, and prosecutors here don't go easy. Whether you were stopped near Sixth Avenue after leaving Red Hot, pulled over on Pacific Avenue near the Tacoma Dome, or arrested driving home from Ruston Way, the court isn't going to wait for you to catch up. Under RCW 46.61.502, DUI is a gross misdemeanor, punishable with up to 364 days in jail and a $5,000 fine. Here's exactly what you can expect when your case lands in Tacoma Municipal or Pierce County District Court:
- Your First Hearing: Your arraignment is your first court date. If Tacoma Police arrested you within city limits, near McKinley Park, or in the Proctor District, you'll appear in Tacoma Municipal Court downtown. If you were pulled over outside city limits, like Midland, Parkland, or near Frederickson, you'd be in Pierce County District Court. The judge reads the formal charge under RCW 46.61.502, advises you of your rights, and sets your conditions of release. That could include bail, a SCRAM bracelet, or a no-alcohol order.
- Pretrial Hearings And Prosecutor Pressure: You'll have several pretrial hearings. The city or county prosecutor will try to get you to plead guilty quickly. We've dealt with their tactics before. Whether your case came out of Stadium District, Hilltop, or near Tacoma Mall, we push back. This is where we challenge the stop, field sobriety tests, and results of any blood or breath test. Under WAC 448-16-060, breath tests must follow strict procedures. If the officer skipped a step, that evidence may be thrown out.
- Department Of Licensing (DOL) Case Runs At The Same Time: Separate from court, the DOL starts a process to suspend your license according to RCW 46.20.308, the implied consent law. If you don't request a hearing within 7 days of your DUI arrest, your Washington State license will be suspended automatically even if your criminal case is still ongoing. We represent you at both the DOL hearing and in court, whether you were arrested near Point Defiance, South Tacoma Way, or on the edge of Fircrest.
- Negotiation or Trial: If the prosecutor won't back down and the evidence is shaky, we take it to trial. We've tried DUI cases with officers from Tacoma PD, WSP, and Pierce County deputies who patrol areas like Puyallup tribal land and East Tacoma. We cross-examine their training, field testing, and whether your stop violated the Fourth Amendment or Article I, Section 7 of the Washington State Constitution.
- Sentencing And Penalties If Convicted: If you're convicted, sentencing follows RCW 46.61.5055. For a first DUI with a BAC over 0.08, you face a minimum of 1 day in jail, $990.50 in fines, a 90-day license suspension, and an ignition interlock requirement. Penalties increase if your BAC is over 0.15 or if you refuse the test. We've helped clients arrested near Cheney Stadium, UW Tacoma, and even outside bars near 72nd and Portland Avenue minimize these penalties and qualify for alternative sentencing like electronic home monitoring.
Every court in Pierce County has its own rhythm, and every judge has their own way of doing things. We've been in those courtrooms for over three decades. Let us handle the legal side while you focus on protecting your job, your license, and your future.