DUI attorney seattle Archives - Seattle DUI Attorney, Criminal Defense Lawyer & Law Firm in Bellevue WA

All states have varying drunk driving laws. In Washington State, driving under the influence (DUI) laws are among the most strict and enforced in the nation. A driver can be arrested for driving under the influence of drugs or alcohol, and both offenses carry serious consequences including, loss of license, fines, and jail time.

If convicted of a DUI in Washington, you may receive criminal penalties in court and administrative penalties from the Department of Licensing (DOL). The DUI laws and penalties can vary depending on age, blood alcohol concentration, the number of previous offenses, etc. Continue reading as we break down the Washington State DUI laws and penalties.

BAC Levels in Washington

Most drivers assume you can only be charged with a DUI if your BAC is 0.08% or higher. Although this is somewhat true, the BAC level can actually vary depending on the circumstances. In Washington State, a driver can be charged with a DUI if their BAC is:

0.08%, for anyone 21 years and over
0.04%, for anyone driving a commercial vehicle
0.02%, for anyone younger than 21 years old

The penalties for your DUI charge can also depend on how high your BAC level is at the time of the arrest. Even if your BAC is under the legal limit, you may still be arrested for a DUI-related charge if the arresting law enforcement officer believes your ability to drive was appreciably affected by the alcohol or use of drugs.

If you have been charged with a DUI or related charge, contact a Seattle DUI attorney today.

Washington State DUI Penalties

When arrested for a DUI, you are likely to face penalties from both the court system and the DOL.

Penalties may result from:

The initial DUI arrest
A court conviction
DOL penalties after the DUI court conviction

DUI Penalties after the Initial Arrest

When arrested for a DUI, you will be sent a license suspension notice and the DOL will suspend your license for anywhere between 90 days and 2 years, depending on the condition of the arrest. The license suspension will begin 60 days after your DUI arrest.

After receiving your suspension notice, you will have 20 days to request an administrative hearing. The cost to request a hearing is a non-refundable fee of $375.

A few things may happen at this hearing. If the DOL rules in your favor, you will not face a license suspension from the DOL administratively. Remember, if the criminal charge is not reduced or dismissed, your license still can be suspended. Additionally, it is important to keep in mind that, although you may be cleared of a DUI through this administrative hearing, you can still be convicted of a DUI in court.

Court Convictions

If convicted of a DUI in court, the penalties vary depending on a few different factors:

If your BAC was under 0.15%, penalties may include:

Driver license suspension of 90 days
1 day to 364 days in jail
Fines of $940 to $5,000

If your BAC was 0.15% or more OR you refused a blood alcohol test, penalties may include:

Drivers license suspension for 1 year for BAC or 2 years if the blood alcohol test was refused
2 to 364 days in jail
Fines of $1,195.50 to $5,000

If you have had more than one DUI conviction within the last 7 years, you could face increased penalties if you receive a criminal conviction in court.

Washington DOL Penalties After a Court Conviction

If convicted of a DUI, the court will notify the DOL. Depending on the circumstances, the DOL will then suspend your license for as little as 90 days and potentially up to 4 years.

If the DOL has already suspended your driver’s license as a consequence of the DUI arrest, the DOL will credit your suspension for that time.

Ignition Interlock Driver’s License

If your license is suspended but you wish to continue driving, you may apply for an ignition interlock driver’s license (ILL).

In order to apply for an ILL, you will need to:

Fill out and submit a Restricted Driver License Application
Have an ignition interlock device installed on your vehicle by a certified installer. The installer will send proof of installation to the DOL.
Provide proof of SR22 financial responsibility
Pay $100 application fee
Submit all documents to DOL

All fees and costs associated with the ignition interlock device and license are the driver’s responsibility. This includes installation, maintenance, and leasing fees. It typically takes DOL 3-5 business days to process the application.

Washington Driver’s License Reinstatement

Once your license suspension period is up and you have completed all court requirements, you will be able to apply for license reinstatement. Reinstatement requirements vary depending on the circumstances and severity of the DUI but license reinstatement requirements can include:

Completion of drug and alcohol treatment and/or education program
Application submission through the DOL
Payment of reinstatement fee of $150

Knowing the DUI laws in Washington state can prevent you from getting arrested for a DUI, or help you fight a DUI if you have been arrested for one. Seattle DUI attorney, Matthew Leyba is the highest-rated DUI attorney in Seattle according to Avvo.com. If you have been charged with a DUI in Seattle, contact Leyba Defense today for a free 60-minute no-pressure, and completely confidential case consultation.

Getting pulled over on suspicion of DUI can be scary, regardless of how much you’ve had to drink. Even if you have only had a drink or two, you face the very likely possibility of being arrested for a DUI. As an experienced Seattle DUI attorney, there are many things I recommend that you do for your own protection when pulled over for a DUI.

1. Provide your license and vehicle information to the police officer

When pulled over for a DUI in Seattle, one of the first things the officer will ask is for your vehicle information — driver’s license, registration, and proof of insurance. It is very important that you provide these items right away.

2. Be polite

Bad behavior is often a sign of intoxication and officers are trained to watch for this. It has also been found that prosecutors are less likely to negotiate in cases where the defendant was rude or aggressive towards the officer. You will only make matters worse if you become argumentative. When pulled over, it’s prudent to be polite and courteous.

3. Answer “yes” if you have been drinking

Many Seattle DUI attorneys may say to lie when the officer asks if you have been drinking, but this is not advised. If you have been drinking, be honest, say you have had something drink. Lying about or minimizing the amount of alcohol you have consumed will not help your case. However, it is important that you don’t answer how much unless you have really only had one drink.

At this point, one of two things will happen. The officer will either ask you how much you have had to drink or to exit the car to perform the field sobriety tests.

4. Ask to speak with an attorney before answering any questions

Remember, talking your way out of a DUI is rarely successful for offenders, so it is best to refrain from making statements that could harm your case. A professional Seattle DUI attorney can help you know what you should and shouldn’t tell the officer.

If the officer asks how much you have had to drink, politely decline to answer and say you would like to speak with an attorney before answering any questions. In the instance that you have truly only consumed one alcoholic drink, then just be honest. The officer will probably say you’re not under arrest, so you don’t have the right to consult with an attorney. This is true, but make sure you say you would prefer to speak with an attorney before answering any questions.

5. Ask to speak with an attorney before taking the portable breath test

This is another test that should be avoided until you have spoken with a Seattle DUI attorney. A portable breath test or preliminary breath test is a small device that, when blown into, can provide a breath alcohol level reading at the scene of the traffic stop. Again, these tests are voluntary and should be avoided.

According to the State Toxicologist, portable breath tests have been deemed unreliable and can not be used as evidence in a trial. These tests are used only as a means to establish a basis for a DUI arrest.

6. Ask to speak with an attorney before performing any sobriety tests

If the officer asks you to perform any field sobriety tests, say you would like to speak with an attorney before performing these tests. The Standardized Field Sobriety Tests are one of the most common ways for an officer to establish a basis for arresting someone on suspicion of DUI.

Although these tests are voluntary, in my opinion, they are designed for people to fail. Officers are trained to look for specific clues to help make a determination on whether or not they believe you are intoxicated. Factors such as physical limitations, fear of arrest, the location of the test, etc. are not taken into account when these tests are administered. Since these tests are not objective, failing these tests is common even when the test taker is completely sober.

Additionally, under current case law, if you “refuse” or “decline” to take these tests, it can be used against you the same way a “refusal” of the breath test can be used against you. Because of this, it is very important to request to speak with an attorney and not simply “refuse” or “decline” the tests.

7. Ask for an attorney immediately after being arrested

If the officer deems it necessary, you will be arrested for DUI at this point. If this does occur, immediately ask for an attorney. It is important to maintain your silence until your attorney arrives or until you speak with one over the phone. Once you get in contact with your attorney, he or she can advise you on whether to answer questions or take any tests.

8. Speak with an attorney before taking a breath test at the police station

Once you arrive at the police station, you will likely be asked to take a breath test. You have the right to request to speak with an attorney before taking this test as well. Your Seattle DUI attorney will advise you on whether or not you should take the breath test as well as any other options you may have.

If you have been arrested for a DUI in Seattle, having an experienced DUI attorney on your side to help answer any questions is very important. For a free 60 minute, no pressure, and completely confidential case consultation contact Matthew Leyba today at 206.504.3131.

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