DUI & DWI in Washington

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Washington, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Washington automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If you do not have a Washington state license, a new record will be created and the DMV of the state that issued your license and will also be informed of your infraction.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation! Refusing to take the chemical test will result in your license being revoked immediately for 90 days. You can also be fined $500-$5,000.Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

• Imprisonment of 1 day to 1 year (or 15 days electronic home monitoring and the court may also order the offender to undergo an alcoholism assessment and treatment if it considers it necessary at the offender’s expense) and/or a $350 to $5,000 fine. Additionally, if convicted for a first offense of DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
• Your license will be suspended for 90 days.
• You may be eligible to drive using the Occupational/Restricted Driver License (ORL) for 60 days, after the 30 days of suspension, and then become eligible to reinstate your license after 90 days, if you meet the reinstatement requirements.

(within 7 years)

• This is treated as a Gross Misdemeanor and may result in imprisonment of 30 days to 1 year and/or up to a $500-$5,000 fine. Additionally, if convicted for the second offense of DWI, DUID or BAC:
• 60 days of electronic home monitoring after release.
• Your license will be revoked for 2 years.

(within 7 years)

• Imprisonment of 120 days to 1 year.
• A fine of $2,773 to $5,000.
• Up to 5 years of monitored probation and home monitoring for up to 150 days.
• A 4 year revocation of driving privileges after which you will have to go through the entire testing process to get a 5 year probationary license and up to 10 years of compulsory electronic ignition interlock.
• The court may also order assessment and treatment programs.

• The license may be suspended or revoked for 90 days after the first conviction or until the defendant turns 16, whichever is later.
• In case of the second conviction for 1 year or the individual’s 17th birthday after the second or subsequent conviction, whichever is later.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.

• You will be disqualified from driving a commercial vehicle for 1 year), if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Washington laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is age 21 and under and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your Washington driver license and issue a temporary 15-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Licensing.

The driver can schedule an administrative hearing within 30 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If the driver has any alcohol related convictions or suspensions for this 5-year period, his license will be revoked for 1 year, and if not, then it will be suspended for 30 days. You may be eligible to drive using the Occupational/Restricted Driver License (ORL) for 60 days, after the 30 days of suspension. The suspension or revocation begins 15 days after the final order of the hearing officer is mailed from the Department of Licensing. You can appeal for an administrative review or formal hearing on paying a $200 fee and filling out a form.

Additional charges levied are $125 towards the chemical testing and $500 toward an accident victim compensation fund. An additional 60% of the fine imposed toward public safety and education programs.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Licensing, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the Washington DUI School, an 8-hour program or a comparable program (the agency will send the proof to the DOL once you have completed the program), pay the reissue fee of $75 if it is a first-time suspension and $150 for subsequent infractions, and maintain proof of financial responsibility by filing SR-22.
• If a person below 16 is convicted of DUI, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle they drive for a period of 60 days after reinstatement.
• You can complete the reinstatement formalities as per the instructions on the suspension letter. For more information, contact the DOL at (360) 902-3900 or email them at [email protected].