seattle dui 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.

If you have been arrested for a DUI in Seattle then you’re facing a couple unique DUI issues that only arise in Seattle. From the area you were arrested, to the arresting agency, to where you were taken for the breath test. All of these will factor into your Seattle DUI charge in one way or another. To learn what happens in the Seattle DUI courts continue reading.

The first factor that needs to be considered is where were you arrested. If you were arrested within the City limits of Seattle then most likely you will be facing a DUI charge in the Seattle Municipal Court. However, that is only true if you were arrested by the Seattle Police Department for the DUI. If you were arrested on either I-5, 520, or I-90 then chances are your DUI case will be in one of the King County District Court cases.

Now as I stated above if you were arrested within the City limits of Seattle then chances are you most likely will be in the Seattle Municipal Court. However recently that has started to change with the Target Zero task force, and the driver sober or get pulled over DUI campaigns. Both the Washington State Patrol and King County Sheriff’s Unit have been pulling people over within the City limits of Seattle. So if you were arrested by a Washington State Patrol for example then your case would be in the King County District Court and not the Seattle Municipal Court.

So what happens if you were arrested by the Seattle Police Department for the DUI? First of all, you will most likely be given a court date within the next few days. The Seattle Police Officer will provide that to you. It looks like a citation and at the bottom of the citation is the date and time of your court date. I’m always surprised when someone calls me following a DUI arrest by the Seattle Police Department and they had no idea they had court in a day or two. In fact most Seattle Police Officer’s won’t say anything following the DUI arrest. So make sure you check on it or contact a DUI Lawyer so they can.

Currently, if you’re facing a DUI charge in Seattle Municipal Court the first hearing will be on a Tues, Wed, or Thurs in room 1002 in the Seattle Municipal Courthouse. As of writing this blog the current Judge in the courtroom is Judge Kondo. She will preside over the arraignment where you will enter a formal not-guilty plea in front of the court, and she will address any bail, ignition interlock, or SCRAM conditions.

So what happens if you were arrested by a Washington State Patrol or a King County Sheriff? If you were arrested for DUI by either of these agencies then your DUI case will be in the King County District Court. There are several district courts in King County. Depending on where the law enforcement officer is stationed and files your police report will determine where your case is. For example, there are several Troopers that patrol the area of Ballard and Fremont. If you get arrested for a DUI in either of those areas you would think your DUI case would be in the Seattle District Court. However several of those troopers file their cases in the Redmond District Court. Any DUI lawyer worth their salt will be able to tell you where the DUI case will be filed depending on how the Trooper is.

Now unlike the Seattle Municipal Court and the Seattle Police Officer. If you get arrested by a State Patrol Trooper then you will not be given a court date. It will be mailed to you. This depends on several factors like when the Trooper files the report, when the Prosecutor gets around to filing the charge, and what the Courtroom schedule is like. Currently, there is about a 30-45 day turnaround from DUI arrest to your first court date. So be sure to check your mail often because the only notice of this court date will be mailed to you.

This is the Seattle DUI court process in a nutshell. Obviously, there is more to it and it is more complicated especially when you factor into the different prosecutors, the different Judges, and the different court procedures of each court. An experienced DUI lawyer who exclusively practices in the Seattle area will be able to answer those types of questions.

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

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