What to do When You Get a DUI in Washington?

Getting arrested for a DUI in Washington can be overwhelming, frightening, and confusing. Whether it’s your first offense or you’ve faced charges before, the process moves quickly, and the consequences can affect your job, your driver’s license, your finances, and even your freedom. If you’re wondering what happens after a DUI arrest in Washington, this guide breaks down each step so you know what to expect and why having an experienced defense attorney on your side can make all the difference.

Immediate Consequences After a DUI Arrest

When a Washington law enforcement officer suspects you of driving under the influence, they will usually administer field sobriety tests and may request a breath or blood test to measure your blood alcohol concentration (BAC).

• Legal Limit: In Washington, a driver is considered over the limit at a BAC of 0.08% or higher. For commercial drivers, it’s 0.04%, and for drivers under 21, it’s 0.02%.
• Refusing a Test: Refusing a breath or blood test doesn’t mean you avoid consequences. Washington has an “implied consent” law, which means refusal can lead to an automatic license suspension for at least one year—even if you aren’t later convicted of DUI.

If the officer believes you are impaired, you’ll likely be arrested, booked, and released; often on bail or with conditions to appear in court.

Driver’s License Suspension

One of the most immediate and stressful consequences of a DUI arrest in Washington is the potential loss of your driver’s license.

• Administrative Suspension (Department of Licensing): The Washington State Department of Licensing (DOL) will move to suspend your license within 7 days of your arrest unless you request a hearing.
• Hearing Deadline: You only have 7 days to request a hearing to challenge this suspension. If you miss this deadline, your license will be automatically suspended for a minimum of 90 days (for a first offense with a BAC over 0.08).
• Ignition Interlock Device: In many cases, you may be eligible to continue driving if you install an ignition interlock device (IID). This device requires you to blow into it before your car starts.

Because license suspension can impact your job, family responsibilities, and daily life, it’s crucial to act immediately.

The Criminal Court Process

A DUI in Washington is not just a traffic ticket, it’s a criminal offense. Here’s what you can expect once your case goes to court:

1. Arraignment
   • Your first court appearance, usually within days of your arrest.
   • The judge will formally read the charges against you, and you’ll enter a plea (guilty, not guilty, or no contest).
   • Bail or other release conditions (like an IID or alcohol monitoring) may be imposed.
2. Pretrial Hearings
   • Your attorney can challenge the evidence against you, including the legality of the stop, field sobriety tests, and breath/blood test accuracy.
   • Negotiations with the prosecutor may occur, potentially leading to reduced charges or alternative sentencing options.
3. Trial (if necessary)
   • If your case isn’t resolved through a plea or dismissal, it may go to trial.
   • The prosecution must prove beyond a reasonable doubt that you were impaired or over the legal BAC limit.

Penalties for DUI in Washington

The penalties for DUI depend on factors such as your BAC level, prior offenses, and whether there were aggravating circumstances (like an accident or a child passenger).

First Offense DUI (BAC under 0.15%)

• Jail: 1 day mandatory minimum (24 consecutive hours)
• Fines: $990.50 minimum
• License suspension: 90 days
• Ignition interlock: Required for at least 1 year

First Offense DUI (BAC 0.15% or higher OR refusal)

• Jail: 2 days mandatory minimum (48 consecutive hours)
• Fines: $1245.50 minimum
• License suspension: 1 year (or 2 years if refusal)

Second Offense DUI

• Jail: 30–45 days minimum depending on BAC
• Additional 60–90 days of electronic home monitoring possible
• Fines: $500–$5,000
• License suspension: 2 years or more
• Ignition interlock: 5+ years

Third or Subsequent DUI

• Jail: 90–120 days minimum plus home monitoring
• License suspension: 3 years or longer
• Much higher fines and longer IID requirements

Collateral Consequences

The penalties don’t end with jail, fines, and license suspension. A DUI conviction can also impact:

• Employment: Jobs requiring driving, commercial licenses, or security clearances may be at risk.
• Insurance: Auto insurance rates often skyrocket after a DUI conviction.
• Travel: Some countries, including Canada, restrict entry for individuals with DUI convictions.
• Professional Licenses: Nurses, teachers, real estate agents, and others may face disciplinary action.

Possible Defenses to a DUI Charge

Just because you’ve been arrested doesn’t mean you’ll be convicted. A skilled Washington DUI defense lawyer will carefully review your case for weaknesses in the prosecution’s evidence. Common defenses include:

• Illegal Stop: If the officer did not have reasonable suspicion to pull you over, evidence may be thrown out.
• Faulty Tests: Breathalyzer machines must be properly maintained and calibrated. Any errors can invalidate results.
• Medical Conditions: Certain health issues or medications can mimic intoxication symptoms.
• Improper Procedure: If law enforcement failed to follow strict procedures, your rights may have been violated.

Alternative Options and Reductions

In some cases, your attorney may negotiate for reduced charges or alternative resolutions, such as:

• Reckless Driving or Negligent Driving 1st Degree: Lesser charges with fewer long-term consequences.
• Deferred Prosecution: If alcohol dependency or mental health issues are involved, Washington allows for a treatment-based program that can result in dismissal after completion.

What To Do If You’re Facing a DUI in Washington

1. Act Quickly: Remember, you only have 7 days to request a hearing with the DOL to challenge your license suspension.
2. Contact a DUI Attorney Immediately: The sooner you involve an attorney, the stronger your defense will be.
3. Gather Information: Write down everything you remember about the arrest, including where, when, and what the officer said or did.
4. Follow Court Orders: Complying with release conditions like IID installation or alcohol monitoring can help your case.

Final Thoughts

A DUI in Washington is a serious charge with life-changing consequences. From jail time and license suspension to lasting effects on your career and personal life, the stakes are high. But an arrest is not the same as a conviction. With experienced legal representation, many people are able to reduce the charges, avoid the harshest penalties, or even have their case dismissed entirely.

Why Calling Eloquence Law Is a Smart Choice

At Eloquence Law, we know that every DUI case is unique. We don’t just look at the arrest report, we look at the whole picture, from whether the stop was lawful to whether testing procedures were properly followed. We take the time to understand your situation, explain your options, and fight for the best possible outcome.

Our clients choose Eloquence Law because we:

• Act fast to protect your license—including representing you at DOL hearings.
• Challenge weak evidence—breath tests, blood tests, and field sobriety results often have flaws.
• Understand local courts—our knowledge of Washington’s DUI laws and court systems helps us anticipate the prosecution’s approach.
• Prioritize your future—we explore alternatives like deferred prosecution and reductions to protect your record and livelihood.

If you’re facing a DUI, you don’t have to face it alone. Call Eloquence Law today and get the strong, knowledgeable defense you deserve.