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Are You Up To Date on Washington State DUI Laws?

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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.

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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.

Bellevue DUI Laws, DUI Advice

Should there be alternatives for pretrial ignition interlock conditions in DUI cases?

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If you have been arrested for a DUI in the Seattle area then you face the possibility of a Judge imposing pretrial conditions at your arraignment.  This means the Judge has the authority to require a defendant to follow certain conditions while the case is pending.  Typically on DUI cases this involves no drinking and driving, no driving without a valid license and insurance, and no refusal of a breath test.  However in some cases a Judge can require a defendant to post bail or install an ignition interlock device until there is a resolution in the DUI.

In Seattle for example if you have a DUI arraignment in the Seattle Municipal Court then there is probably a very good chance you might be required to install an ignition interlock device even on a first offense DUI.  This is just how they roll down there nowadays.  If you don’t have a car, or the means to get an ignition interlock device installed then you can sign a declaration under penalty of perjury that you will not drive a motor vehicle.  If you get caught driving a motor vehicle after you have signed this declaration then chances are you will go to jail unless you can come up with a significant bail amount.

I recently read an article in the Seattle Times about this very issue.  The gist of the article was how Washington State lawmakers are proposing a bill that would allow drivers facing DUI charges to avoid a mandatory pretrial condition of ignition interlock by swearing they won’t drive.  It sounds like this is modeled after what the Seattle Municipal Court has been doing for years.

To be honest I’m surprised something like this is being proposed, however I think it is an excellent idea and I hope it passes.  Often times people cannot come up with the money for an ignition interlock device or they don’t own a car.  In those situations Prosecutors will ask the Judge to have the driver sit in jail while the case is going on or make them come up with the money for electronic home monitoring.  As a practicing Seattle DUI Attorney I think these current alternative options are just ludicrous.

Look I get it.  There really is no way to ensure a person is not going to drive again by signing a declaration.  In today’s day and age it is fairly easy to get your hands on a car.  Either from a friend, family member, etc.  But there has to be an alternative options for those individuals that cannot get an ignition interlock device.  Jail is too expensive for the tax payers, and too over populated with more serious offenses.  I hope this bill is considered to provide alternative options for individuals in this situation.

If you’re interested in reading the article and checking out the proposed bill, here you go.

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About the author:  Matthew Leyba is a DUI Attorney in Seattle, WA.  He is the firm owner of Leyba Defense PLLC, a criminal defense law firm focusing on DUI defense in the Puget Sound area.

DUI Advice, DUI News, DUI Risk, DUI Tips

Under no circumstances should you try to game an ignition interlock device

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I recently saw a report from KIRO News here in Seattle about a woman who tried to game an ignition interlock device. Apparently, this woman was required to have one installed due to a prior DUI arrest. She then was trying to allegedly game the system by having her boyfriend blow into the ignition interlock device when she should have been. Unfortunately for her most ignition interlock devices have cameras installed to try and prevent this from happening.

As a Seattle DUI Attorney, I have come across all sorts of ways people try to beat an ignition interlock device. In case you don’t know what an IID is and how it can be imposed here you go. Ignition interlock requirements. However in my opinion that is the stupidest thing a person can do and here is why.

Following a DUI arrest most people have to appear in Court to formally enter a not guilty plea on the charge. If the Judge were to impose an ignition interlock device at the arraignment then most likely the Judge also imposed an abstain condition as well. In Seattle, this happens quite regularly, especially in places like the Seattle Municipal Court.

If you try to game the ignition interlock system you most likely will be caught. The ignition interlock company will notify the Court where your DUI case is. The Judge will then set a hearing to address the release conditions. Keep in mind at this hearing that a Judge only needs to find by a preponderance of the evidence the release conditions have been violated. If that is the case then criminal rule 3.2 allows a Judge to amend a release order. If a Judge has ordered an ignition interlock device and an abstain condition, then they will only go one direction in amending that order. This would be an increase in any bail amount, and probably a SCRAM bracelet.

So unless you want to spend the duration of your DUI case in jail, or you want to drop an extra $400-$500 a month on a SCRAM bracelet then just don’t have a drop of alcohol and drive when you have an ignition interlock device in your vehicle. It’s that simple.

Oh and in case you were wondering about that news report on KIRO with the woman who tried to game her IID. She is now in custody after the ignition interlock company notified the Court of her violations. Additionally, the pictures taken from the ignition interlock device show she had a 3-year-old in the backseat. My guess is she and her boyfriend will be facing some new charges. Probably a reckless endangerment or something along those lines. It’s not worth it.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle. He is rated as a 10/10 by Avvo.com when it comes to DUI lawyers in the Seattle area. He has also been repeatedly recognized as a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Lawyers in Washington State receive.

DUI Advice, DUI Risk, DUI Tips

How to get rid of that pesky ignition interlock device following your Seattle DUI arraignment

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Lately I have been seeing more and more people required to have an ignition interlock device following their DUI arraignment on a first offense DUI. Previously only the Judges in Seattle Municipal Court were imposing this ignition interlock device requirement following a DUI arrest. But more and more Judges around King County are following suit. I believe this is a complete misinterpretation of the law, and is quite frankly unconstitutional. However if you do find yourself in this boat of having an IID on a first offense DUI, don’t fret there may be a way to get rid of it.

Whenever I have a client facing this dreadful situation the first thing I have them do is get an alcohol and drug evaluation. The purpose of this evaluation is for a state certified chemical dependency counselor to find that you do not suffer alcohol abuse or dependence and because of that you’re not likely to drink and drive. Typically the recommended treatment on a DUI case for this type of evaluation is a one day class called an alcohol drug information school and victim impact panel class.

Once the results of the evaluation come in for the DUI arrest, I make my clients take both of those classes. I then file a motion in the court asking the Judge to reconsider the ignition interlock device that was imposed. For example lets say you have a DUI in Seattle Municipal Court. This is a place where the bulk of my practice is and it can be a little tricky if you’re not familiar with it. First you need to file what is called an add on motion. This is a motion where you request the case to be heard on a certain date. Secondly you then filed the motion to strike the ignition interlock device once that date is received.

The next thing is do is get the records for my clients ignition interlock device. It will say whether there have been any positive tests for alcohol and when they were. Ideally there are no positive tests and that also can be submitted to the DUI Judge in an effort to show the client has not consumed a drop of alcohol and then decided to drive.

Now once you’re in front of the Judge you need to make a pitch that the IID is unreasonable and a simple abstain condition will do the trick of keeping your client from drinking and driving. Obviously there is more to it than that but that is the gist of the argument. If you find yourself in this position and an IID was imposed at your arraignment feel free to contact my office and I can help you get it removed.

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About the author: Matthew Leyba is a Bellevue Seattle DUI Attorney in Western, WA. He has been named a Rising Star by the Seattle Met Magazine in the field of DUI Defense, an honor less than 2.5% of all Attorneys receive. Additionally he is rated as a 10/10 and listed as a Superb Seattle DUI lawyer by Avvo.com

DUI Tips

Should you bring your own Attorney to your DUI arraignment

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If you have been arrested for a DUI in the Seattle Bellevue area and you’re facing the first court hearing. Should you bring your own DUI Lawyer or just use the attorney of the day to answer the charges. In my opinion I think that if you’re planning on retaining your own Attorney, you should get that Attorney on board ASAP and bring them to the DUI arraignment. And here is why.

First of all this post is not meant to bag on the public defenders that appear at these DUI arraignment calendars. In fact if you get arrested for a DUI in Seattle and you go to the DUI arraignment in either Seattle Municipal Court or the Seattle District Court chances are I know the public defender that would be appearing on that calendar. And for the most part they are very good lawyers who are going to do the best job they can.

However if you’re in the market for a private DUI Attorney and if you’re contemplating holding off on that decision until after your arraignment. My advice is to make the decision as soon as you can or feel comfortable. and have your own attorney appear with you at the DUI arraignment. I think this is important for a couple of reasons.

First the public defender or attorney of the day is going to be extremely busy. In the Seattle District Court for example they will probably be helping anywhere from 30-45 other defendants that day. Obviously with so many other people they are not going to be able to speak in detail with each defendant, and something might be overlooked.

Secondly one of the factors a Judge will consider in setting bail, or an ignition interlock device, or worse yet a SCRAM bracelet. Is whether the defendant has any ties to the community? This would include occupation, number of years resided in Washington State, whether they own a home, married, children, etc. Anything that would show the defendant is not going to flee the State and will appear at all the mandatory hearings. An attorney you have met prior to that court date is going to know more about your background and will be able to explain this to the Judge more easily then some Attorney who just met the defendant that afternoon.

The last reason to bring your own Seattle Attorney to a DUI arraignment is you will get out of Court much much sooner. In fact if you have hired your own Attorney then the Judge will call those defendants first. So if there is a DUI arraignment calender of say 40 people. If you don’t have your own attorney then you will have to wait to the end of the calendar before your case is called. That is probably a difference of at least 2 hours. This may seem like a trivial reason but if you have to take time off work, or if the meter is going to expire after 2 hours then time saved is worth it.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a DUI Law firm located in Seattle, WA. He is rated as a 10/10 by Avvo.com among Seattle DUI Lawyers, and has been named a Rising Star in the field of DUI Defense by Super lawyers Magazine, and the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.