DUI-Web Washington

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When you are arrested for a drunk driving related charge in Washington it will result in two separate cases. The first case is the criminal case in which you can be subject to various penalties including fines, mandatory alcohol rehabilitation classes, community service, probation and even jail time. The second case is a civil or administrative case with the Washington DMV. The sole issue with this case is your privilege to drive. Since these cases are separate and independent of each other it is possible to have the criminal charges dismissed and still have your license suspended by losing the administrative.

With respect to the criminal case, the prosecution has two separate theories in which to bring the charges. The first theory, and the most common, is the "per se" theory. Under this theory, the prosecution must prove that you were driving a vehicle with a blood-alcohol content of .08% or higher. It makes no difference whether your consumption of alcohol negatively impaired your ability to safely drive. This theory relies solely on your body chemistry.

The second theory is the traditional common law "under the influence" theory. Under this theory the prosecution must prove beyond a reasonable doubt that due to your consumption of alcohol your mental and physical faculties were negatively affected. The evidence typically introduced to prove this theory can include the arresting officer's testimony regarding your field sobriety test, your driving pattern and physical appearance and possibly the testimony of eyewitnesses.

Washington Criminal Penalties

Two factors that can enhance the severity of your punishment include whether or not the offense was your first or subsequent offense and whether your blood-alcohol content was .15% or higher. Washington currently has a seven-year washout period. This mean the state can look back seven years from the date of your most are to rest to determine whether you have subsequent DUI offenses on your record or not. The following are the typical penalties for a Washington DUI:

As discussed above, in addition to the criminal case you will have to defend a civil case with the Washington Department Motor Vehicles. The sole issue in this case is your privilege to drive. The penalties with DMV cases will vary depending upon whether or not you refuse the blood-alcohol concentration test and whether this was your first or subsequent offense.

If you took the blood-alcohol test and your blood-alcohol level was at or above the legal limit your license will be suspended for 90 days if this was your first offense. Your license will be suspended for two years if this was your second or subsequent action within seven years. You have 30 days to request a hearing with the DMV after the date of your arrest, otherwise your license will be suspended automatically with no recourse. A restricted license is available 30 days after your suspension starts if this was your first offense or one year after your suspension starts on your second or subsequent offense.

If you refused the blood-alcohol test your license will be suspended for one year if this was your first offense or two years if it was your second or subsequent offense within seven years. You have 30 days to request a hearing after your arrest, otherwise your license will be suspended automatically. You will be eligible for a restricted license 90 days after year the suspension starts with a first offense, or one year after the suspension starts on a second or subsequent offense.

minimum of one day in jail with a maximum of up to one year or 15 days electronic home monitoring; $800 to $5,000 fine; 90 day license suspension with a probationary license for five years; possible ignition interlock system and alcohol evaluation and treatment.

minimum 30 days in jail with the maximum of up to one year plus 60 days electronic home monitoring; between $1,000 and $5,000 fine; two-year license revocation with probationary license five years after reinstatement; five years monitored probation; at least one year ignition interlock system and alcohol rehabilitation and treatment program.

minimum 90 days in jail, with a one-year maximum plus 120 days electronic home monitoring; fines of between $2,000 and $5,000; license revocation for three years with the probationary license for five years after reinstatement; driving exam and up to five years probation; ignition interlock system for one year if you’ve never had a previous interlock system or five years if you have had a previous interlocked system (10 years if two previous interlock systems); alcohol treatment and rehabilitation for up to two years.

minimum two days in jail with a maximum of up to one year or 30 days electronic home monitoring; $1,000-$5,000 fine; one-year license revocation with a probationary license five years after reinstatement; minimum one year ignition interlock system and alcohol evaluation and treatment program.

minimum 45 days in jail, up to one year plus 90 days electronic home monitoring; $1,500 up to $5,000 in fines; 900 day license revocation with a probationary license five years after reinstatement; driving exams and up to five years probationary license; a minimum of one year ignition interlock system and alcohol rehabilitation and treatment.

minimum 120 days in jail with a one-year maximum and 150 days electronic home monitoring; between $2,800 and $5,000 fine; four year license revocation with a probationary license for five years thereafter; up to five years monitored probation with an alcohol evaluation and treatment program; ignition interlock system for one year if you’ve never had a previous interlock system or five years if you have had a previous interlock system (10 years if two previous interlock systems).