What Are the Penalties for a DUI in Washington State?

Find out what happens if you’re arrested for a DUI in Seattle, Washington.

Driving under the influence (DUI) consists of operating a vehicle while under the influence of alcohol, drugs, or both. The drugs could be illegal or legal, such as prescription medication or over-the-counter medication. DUI penalties in Washington State have become stiffer over the years. A few years ago, the legal breath test limit was lowered to .08% in Washington State.

What Happens After a DUI Arrest

Following a DUI arrest, a police officer is required to notify the Washington State Department of Licensing (DOL) of test results of .08 or higher for drivers 21 years or older. For drivers under the age of 21, a police officer is required to notify the DOL of breath test results of .02 or higher. For drivers of commercial vehicles, a police officer is required to notify the DOL of a breath test of .04 or higher.

60 days after a DUI arrest in Seattle, the DOL will suspend your license if you took a breath test with a reading at or above the legal limit. Your license will be suspended anywhere from 90 days to 2 years, depending on whether you have any prior offenses and the severity of the incident. The DOL will revoke your license for at least one year if you refused the test.

DOL administrative penalties apply even if you are found not guilty of a DUI. The DOL will automatically suspend or revoke your license unless you request a hearing to contest the suspension within 20 days of the arrest and the hearing examiner decides in your favor. If the hearing officer decides in your favor but the court still finds you guilty of a DUI, your driver’s license will still be suspended as a result of the court conviction. A hearing decision in your favor will only prevent the suspension from the arrest. There is a hearing fee of $200.

What Happens If You’re Convicted of a DUI in Court

If you’re convicted of a DUI in court, your driver’s license may be suspended for anywhere from 90 days to 4 years, depending on the severity of the incident and whether you have any prior offenses. The suspension will start 45 days after the DOL receives notice from the court that you’ve been convicted. You cannot contest a suspension resulting from a court conviction.

Under Washington State law, a judge must impose criminal penalties upon a DUI conviction. One year is the maximum jail sentence for a misdemeanor DUI. The minimum fine is $866.50 and an ignition interlock license is required for one year. Aggravating factors that a judge considers when imposing a sentence include the following:

• Whether an accident was involved
• Whether or not you refused the breath test
• Number of prior DUI offenses
• Number of criminal convictions in addition to DUI convictions
• Whether there were any children or passengers in the vehicle
• Whether you pose a risk to the community

The jail sentence for a felony DUI conviction can be significantly longer. For cases involving vehicular manslaughter or homicide, the sentencing will be even more severe.

Finally, any person convicted of a DUI in Washington must be placed on probation for five years. Many DUI courts in Washington State schedule periodic reviews to determine compliance with the conditions of probation. There are stiff penalties for probation violations.

Contact a DUI Attorney in Seattle After a DUI Arrest

Baker, Lewis, Schwisow & Laws, PLLC is a Seattle criminal defense law firm with over 45 years of experience in local courtrooms. Contact our Seattle DUI attorneys as soon as possible after a DUI arrest so that we can try to preserve the key evidence in your case and make the best effort possible to reduce your charges. Call 206.209.0608 or fill out our online contact form to request a free case review.