Your Defense DUI / DWI

Washington has some of the most severe penalties for DUI/DWI in the nation and the penalties have been getting consistently more severe. The state decided to change its DWI (driving while intoxicated) charge to a DUI charge with a penalty scale. The most recent changes which have occurred, have further heightened the personal and financial costs of a drunk driving arrest.

DUI (driving under the influence) is a gross misdemeanor with a maximum penalty of one year in jail, a $5,000 fine or both. Anyone convicted of four or more DUIs may face felony charges. There are also mandatory minimum sentences, which a judge cannot reduce.

Being charged with or convicted of a DUI can carry serious consequences for you.

* Jail time, Alcohol or drug treatment
* Mandatory home monitoring
* Fine
* Probation and/or Driver's license suspension
* Limitation of driving privileges
* Insurance - dropped coverage - raised rates
* Interlock ignition devices

DUI and Physical Control laws are strictly enforced in all of Washington. The current legal limit for blood alcohol content (BAC) is .08 for adults. However, you can be charged with DUI even if you are below these limits if the state, county or city can show you were "affected" by alcohol. You can also be convicted of "physical control," even if you aren't driving the vehicle at the time of your arrest. The penalties for "physical control" are just as severe as DUI. Physical Control is an included offense of DUI. Thus in DUI cases, prosecutors may advance both a DUI and Physical Control theory at trial without charging separate offenses.

If your blood or breath test was .15 or higher, or if you refused the test, the penalties are increasingly harsh. The DUI/DWI penalties chart also has different levels for more than one offence.

If you test .08 or higher on your breath test, or refuse a test, you most likely face an administrative suspension of your driver's license by the Department of Licensing (DOL) even if you are found not guilty of DUI.

More Information:

RCW 46.61.502 Driving under the influence.

RCW 46.61.503 Driver under twenty-one consuming alcohol — Penalties.

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