FAQ

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Driving Under the Influence Charges in Washington State

Driving Under the Influence is the most serious charge filed in the District and Municipal Court system. Penalties for a person convicted of Driving Under the Influence are very harsh, but a competent, experienced lawyer can minimize the impact significantly, in even the most difficult cases. A person can be charge with Driving Under the Influence based on two alternative grounds; that he or she drove

1. With a .08 BAC within two hours of driving
2. While “under the influence” of alcohol and/or drugs.

These are alternative means of committing the offense, and even persons with BAC levels below .08 are often charged with DUI. As long as a driver appears under the influence of alcohol and/or drugs, he may be prosecuted for DUI regardless of the BAC level.

DUI is not the only criminal charge available to prosecutors when it comes to cases involving drinking and automobiles. If a person is sitting in the driver's seat of a parked vehicle while “under the influence”., or with a BAC level of .08 or above, he or she may be charged with the crime of Being in Actual Physical Control of a Vehicle While Under the Influence. Or, whenever a person has had anything to drink and drives in what the officer considers a “negligent” manner, the prosecution can file a charge of Negligent Driving in the First Degree. Negligent Driving is defined as “driving in a manner likely to endanger persons or property” a definition covering a broad range of driving violations. If the officer is also able to point to any symptoms of consumption of alcohol (not impairment, merely consumption), the prosecutor will charge this criminal offense.

Concerning minors, Washington has a “zero tolerance” policy for drivers under 21. Minors may be charged with the crime of Driver Under 21 Consuming Alcohol whenever the BAC is between .02 and .08 within two hours of driving.

The Department of Licensing Administrative License Suspension Process

Any Washington licensed driver who is arrested for DUI and has a breath test result above .079, or who refuses to take the breath or blood test, will have his driver’s license punched by the arresting officer and will be given a DOL hearing request form. The person will then be faced with two legal problems, the criminal charge, and civil “administrative license suspensions imposed by the Department of Licensing (even if criminal charges are never filed).  From the date of arrest, you have thirty days to mail the hearing request form (along with a $200 fee) to the DOL. Failure to do so will result in an automatic driver’s license suspension and loss of the opportunity to contest it.

Even though the driver’s license has been punched, it is still valid for at least sixty days from the date of arrest. The administrative suspension process is complicated and you should discuss it thoroughly with your lawyer to protect your license from suspension.

If a hearing is timely and properly requested, the DOL must hold the hearing no later than 60 days after the date of arrest (it may, however, be continued at the driver’s request). At the hearing, the Department of Licensing will be represented by a Hearing Officer, who is employed by the Department. In most cases, the hearing is conducted completely over the telephone. Four issues must be determined at the hearing:

1. Whether the person was placed under lawful arrest
2. Whether the arresting officer had reasonable grounds to believe the person was DUI, In Physical Control, or a Minor Operating a Motor Vehicle After Alcohol Consumption
3. Whether the person was properly advised of his/her Implied Consent Warnings
4. Whether both breath test results were .080 or above on a test performed in accordance with methods approved by the Washington State Toxicologist, or the person refused the breath or blood test.

If a hearing officer finds that all of the above elements have been proven by a preponderance of the evidence, first-time offenders driver face a mandatory license suspension of 90 days for a BAC above .08 (or .02 for those under 21), or revocation for one year if the test was refused. Second time offenders (within seven years) suffer a mandatory revocation of one and two years, respectively.

Keep in mind that even if the person prevails at the DOL hearing, the driver’s license may still be suspended or revoked pursuant to the separate criminal prosecution.

High Risk (SR22) Insurance
Anyone who loses his or her license due to a DUI arrest or conviction is required to maintain “high risk” (SR 22) Insurance for a period of three years beginning on the date the person is eligible for reinstatement. This insurance is more expensive than standard insurance, and generally speaking can only be avoided if the person enters deferred prosecution or has favorable results in both the civil Department of Licensing administrative license suspension process and the criminal prosecution. To learn more about mandatory SR22 high risk insurance, speak with your attorney.

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I was arrested for a DUI, the officer never told me I have to be in court.  Does this mean I was not charged?

No. Many police agencies in Washington no longer charge a person with DUI by giving him/her a citation, nor do they tell the person to contact a court. Instead, the police report and any other evidence will be provided to the local prosecuting attorney for the filing of charges by “complaint”. In such cases, all the driver receives from the officer at the time of arrest is the DOL “Hearing Request” form and the breath test document. The time for filing of the actual complaint by the prosecutor varies from jurisdiction to jurisdiction, but you should receive a notice to appear for arraignment within one to three months of the date of your arrest. Under the Statute of Limitations, the prosecutor has two years from the date of arrest to file the charge. Keep in mind that the DOL suspension process is separate from the criminal charge and begins on the date of arrest. 

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The officer punched a hole in my license, do I have to stop driving?

No, your license is valid for at least sixty days following the date of your arrest. If you request a hearing on the order of suspension (which will automatically be mailed to you by the DOL) the hearing must be held before the sixty days have elapsed. However, you must request a hearing to contest the suspension within 20 days of arrest or you will lose your right to do so and your license will be automatically suspended on the sixtieth day. See your attorney for further information on the status of your license and what can be done to protect it from suspension.

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My breath/blood alcohol reading was below the legal limit.  Do I have anything to worry about?

It depends on the rest of the case. In the State of Washington, even if your breath test results are below the legal limit, or there are no test results, the prosecuting attorneys will still charge you with DUI if, in their opinion, there is sufficient evidence to show that your ability to drive was impaired. Remember, there are two ways of committing DUI; driving with .08 or above, or simply while “under the influence” of alcohol and/or drugs which is defined as “having your ability to drive diminished in any appreciable degree”. They are alternative ways of proving the crime, and the prosecutor does not have to be able to prove both to charge someone with DUI.

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My breath test result was a way over the legal limit.  Does this mean I'm in big trouble?

No, but it does mean you should hire a competent DUI attorney as soon as possible. Having a high breath test (over .149) means your case is “aggravated” and you are subject to more severe consequences. Every case is different, but a competent DUI attorney can lessen the impact of even the most difficult case.

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I refused the breath test, how does that affect my case?

When a person refuses to take the test, the consequences increase dramatically. The mandatory minimum jail time and fines increase, as well as the length of license suspension. The “administrative” (civil) loss of license is one year, and a criminal conviction results in a two year revocation. In addition, there are other increased consequences such as a longer ignition interlock requirement. See your attorney as soon as possible.

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If I hire an attorney, does that mean the case will go to trial?

Probably not. In fact, a competent attorney can actually lower the chances of your case going to trial by pointing out evidentiary problems for the prosecution, often leading to an acceptable plea bargain. The vast majority of DUI cases do not go to trial. Whether or not your case ends up being tried depends on numerous variables, but it is clear that the best way to avoid trial is to prepare for it. The best way to do that is to retain an attorney who is respected by the prosecution and skilled at defending DUI cases. Ultimately, the final decision on whether to go to trial is made by you, with our advice and counsel.

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What can an attorney do for me?

That depends in part on the attorney. DUI law is extremely complicated and the penalties very harsh. For this reason, many highly competent criminal defense lawyers who routinely handle serious felonies refuse to take DUI cases. Anyone in the criminal justice system will tell you the same thing: Hire the best DUI lawyer you can afford, period. A skilled, experienced, respected DUI defense attorney can do a great deal to soften the blow of a DUI arrest.

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In hiring a lawyer to represent me, what do I need to know?

The most common mistake people make in hiring a lawyer is not asking him or her enough questions. Many lawyers hold themselves out as competent to defend DUI cases when they simply are not. You should start by asking other lawyers for referrals. Then, ask any lawyer you are considering hiring the following questions:

1. How much experience do you have in representing people charged with DUI?
   
   
2. What percentage of your practice is devoted exclusively to defending DUIs and related cases?
   
   
3. How many criminal cases have you tried to juries?
   
   
4. How many DUIs have you tried to a jury in the last year?
   
   
5. What seminars/legal symposiums have you attended in the last five years devoted exclusively to defending DUIs?
   [Dozens]
   
   
6. Have you ever taught other lawyers how to try cases or defend DUIs?
   
   
7. Have you ever received any recognition for excellence in trial work and/or defending DUIs in particular?
   
   
8. Have you ever published any articles on the subject of defending DUIs or trying criminal cases in legal publications?
   
   
9. Have you ever held any positions of leadership in any bar associations?
   [Yes, Mr. Hayne served is a past President of the Washington Association of Criminal Defense Lawyers, past Chair of the Criminal Law Sections of the Washington State Bar Association, Washington State Trial Lawyers Association, the King County Bar Association, and past President of the Washington Foundation for Criminal Justice]
   
   
10. Have you ever received any recognition from your peers for your career achievements?
    
    
11. Have you ever received any recognition from judges for your trial work?
    
    

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How is your firm different from the other DUI law firms?

We can't promise successful results. No attorney can. But we do promise to work hard to protect your rights. You will be kept fully informed about the progress of your case. You will also have a clear understanding about how legal decisions will affect your final outcome. You will always be in complete control of your decisions and your case. What we can promise, however, is consistent communication throughout the process.  This is one of the hallmarks of our legal service.

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How much will you charge to represent me?

The law isn’t a whole lot different than most things in life; you typically get what you pay for. I do not charge for initial consultations and it is always a benefit to meet with me to discuss your case, (the sooner the better). We know the system and laws intimately and the information we provide is very valuable in understanding the scope of your legal problem. There is a great deal of misinformation floating around about DUIs, and meeting with us helps you separate fact from fiction. Once we have a clear understanding of your case and personal circumstances, we will tell you in advance and in writing exactly what we will charge to take your case. Fees depend on a number of factors; the facts of your case, your past driving and criminal record, the breath alcohol level, the jurisdiction the case will be filed in, the presence of an alcohol or drug problem, whether additional charges (such as Driving While License Suspended ) may be filed, and your tolerance for litigation. Please be advised we are not the least expensive law firm in the area, but most people would agree we are certainly among the most competent.

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