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Washington State DUI
40% of fatal crashes across Washington State involved an impaired driver. As a result, lawmakers and local prosecutors treat DUIs as high-priority cases, often pushing for the maximum penalties allowed under the law. If you have a DUI charge, you need a local defense team that understands Washington State's legal framework and the tactics required to protect your rights.
Driving under the influence (DUI) is one of the most aggressively prosecuted crimes in Washington State. A DUI conviction can land you in jail. You could also have to pay steep fines, deal with a driver's license suspension and ignition interlock requirements, and attend mandatory alcohol or drug education. These penalties can impact not just your record but also your employment, insurance rates, and personal reputation.
Our Washington State attorneys have over 30 years of combined experience fighting DUIs. We've handled thousands of cases across the state, working in every corner of the courtroom, from negotiating dismissals and reductions to litigating DUI trials in front of a jury. We know how prosecutors approach these cases, and we build defense strategies that match their intensity from day one.
What Does Washington State Law Say About DUIs?According to Washington State law RCW 46.61.502:
"A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state."
Other laws can apply to DUI charges, depending on your circumstances. Washington State law establishes both per se limits (based on test results) and impairment-based standards (based on officer observations or behavior) to determine a DUI charge. These laws include:
- RCW 46.61.502: Prohibits driving with a 0.08% BAC or higher or a THC concentration of 5.00 ng/mL or more within two hours of driving
- RCW 46.61.503: Makes it a misdemeanor to be in physical control of a vehicle while under the influence, even if not actively driving
- RCW 46.61.504: Applies the same DUI penalties to physical control violations
- RCW 46.61.5055: Sets mandatory minimum sentencing based on the number of prior offenses in the past seven years
- RCW 46.20.308: States that drivers in Washington automatically consent to breath or blood testing when suspected of DUI
- RCW 46.61.506: Establishes the admissibility of breath and blood tests in court and outlines testing procedures
Washington State's DUI laws are complex and enforced aggressively, which is why a strong legal defense is critical from the moment of arrest. Our team is here to help. Call our Tacoma law offices now to speak to our attorneys.
Why Did I Get A DUI Charge In Washington State?Washington State law enforcement can charge you with a DUI if:
- Your BAC measures at 0.08 or higher within two hours of driving, based on a breath or blood test.
- Your THC level is 5.00 nanograms or more per milliliter of blood within two hours of driving.
- The officer believes you were under the influence of alcohol, weed, or any drug, even if your levels are technically below the legal limit.
Washington DUI laws allow prosecutors to charge drivers based on chemical results, behavior, or a combination of both. You can be arrested even without swerving or causing an accident. Refusing a sobriety test leads to automatic license suspension under the implied consent law, and penalties increase with prior convictions.
What Are The Penalties For A DUI In Washington State?A DUI conviction in Washington State comes with serious penalties. Under federal law, DUIs have mandatory minimum penalties, so Washington State Courts have little discretion in reducing or waiving the minimum penalties. Even first-time offenders face jail time, license suspension, and months of supervision. The more priors on your record, the more severe it gets. Here's how the penalties typically break down under RCW 46.61.5055:
First DUI Conviction in Pierce County carries:
- Minimum 24 hours in jail or 15 days of Electronic Home Monitoring (EHM)
- Fines between $990.50 and $5,000
- 90-day license suspension
- Ignition Interlock Device (IID) for 1 year
- Alcohol and drug evaluation plus any recommended treatment
Second DUI Conviction carries:
- 30 to 45 days in jail, depending on your BAC or refusal
- 2 to 3 years license suspension
- IID for five years
- Supervised probation and required treatment
Third or More DUI Convictions:
- At least 90 to 120 days in jail
- 4-year license revocation
- IID for ten years
- Potential felony charges, depending on prior DUI history and timing
A skilled Washington State DUI attorney can help you challenge these penalties and fight for reduction or dismissal.
Our Washington State Attorneys Answer Your DUI FAQsQ: Can I get a DUI in Washington without taking a breath or blood test?
A: Yes. Even without test results, an officer can charge you with DUI based on observed signs of impairment, like slurred speech, poor coordination, erratic driving, or failed field sobriety tests. Washington law allows DUI charges under RCW 46.61.502(c) if you're "under the influence… or affected by" alcohol or drugs. Test results just make it easier to prove. Without them, the case relies heavily on officer testimony, which we can often challenge in court.
Q: What happens when I refuse the breath test in Washington State?
A: Refusing a breath test triggers Washington's implied consent law (RCW 46.20.308) and will result in an automatic 2-year license revocation for a first offense, even if you never receive a court conviction for a DUI. Refusal also prevents you from arguing for a deferred prosecution later. The officer must advise you of these consequences at the time. Always ask to speak with a lawyer if you're unsure.
Q: Can I drive after a DUI arrest while I wait for my court date?
A: Not unless you take steps quickly. After a DUI arrest, the Washington State Department of Licensing (DOL) will begin a separate administrative suspension independent of the court process. You have 7 days to request a DOL administrative hearing to challenge the suspension. If you miss that window, the DOL automatically suspends your license. In some cases, you may be eligible for an IIL to keep driving legally.
Q: Will a Washington DUI show up on background checks?
A: Absolutely. A DUI conviction in Washington State is a criminal offense that stays on your record permanently, so it will show up on background checks for jobs, housing, professional licenses, and even some travel visas. Washington State doesn't offer expungement for DUIs. The only way to avoid a permanent record is to beat the DUI charge. You can also try to negotiate a reduction to something non-criminal, like negligent driving.
Q: Is cannabis treated differently than alcohol under DUI laws?
A: Not really. Washington State law sets a specific limit for active THC of 5.00 nanograms per milliliter of blood, just like the 0.08% limit for alcohol. However, unlike alcohol, there's no standard way to test how THC affects driving ability, and levels don't always reflect impairment. So, cannabis DUIs often rely more on officer judgment and field sobriety tests, which creates room for legal challenges.
Q: Can a DUI be reduced to a lesser charge in Washington?
A: You can get your DUI reduced to a lesser charge. However, it depends on your criminal record, the facts of the case, and the strength of the evidence against you. In some situations, you can reduce DUI charges to reckless driving charges (RCW 46.61.500) or negligent driving in the first degree (RCW 46.61.5249). Both are still serious charges, but they carry lighter penalties and have less stigma. Prosecutors won't reduce your charges just to do you a favor. You need an attorney who can identify weaknesses in the case or procedural errors that create leverage for negotiation.
We know Tacoma and Pierce County like the back of our hands. And we’re not just talking about the courthouses–we know the neighborhoods, streets, and stories that make this region unique too. Whether you were pulled over near Sixth Avenue after a night out at The Parkway Tavern or returning home from a concert at Tacoma Dome, a DUI arrest can turn your world upside down. We've helped clients from Stadium District and Hilltop to Puyallup and Gig Harbor navigate these charges and fight for their future.
Pierce County is strict when it comes to impaired driving. Local law enforcement, from Tacoma PD to the Pierce County Sheriff's Office, is well-funded and proactive in making DUI arrests. However, just because you face charges doesn't mean you're guilty or that the system followed the rules. We've challenged stops near Point Defiance Park, argued test results collected in downtown Tacoma, and defended working professionals from Fircrest to South Hill. If your license is on the line, we're ready to step in.
Washington State Punishes DUIsDUIs cause a lot of accidents in Washington State, and this is why courts take them very seriously. When you have a DUI, you could face jail time, fines, driver’s license suspension, and a lifelong criminal record, making it hard to get jobs and housing. This is why you must hire an attorney who will fight your DUI charges and protect your future. Call us now to speak to one for free.
How Our Washington State Attorneys Fight Your DUI ChargesWe examine the stop, the test results, and how law enforcement handled your case, negotiate reductions when possible, and prepare for trial when necessary. Our goal is to minimize the impact and resolve the case efficiently.
Charged with DUI in Washington State? You have 7 days to act before your license suspension! Call our Washington State law offices now to protect your rights and start your defense.
