PREVENTIVE LAW SERIES:



PREVENTIVE LAW SERIES

WASHINGTON DUI LAWS

Prepared by:

Legal Assistance Department

Naval Legal Service Office Northwest

1001 Tautog Circle

Silverdale, WA 98315-6305

(360) 396-6003

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WHAT IS DRIVING UNDER THE INFLUENCE?

The Driving Under the Influence (DUI) laws of Washington punish offenders for operating a motor vehicle while under the influence alcohol and/or other drugs. Under Washington law, a DUI offense potentially has both criminal and civil consequences. Drivers caught with illegally high alcohol levels in their blood or breath or who refuse to take (and complete) a chemical test are dealt with in two ways. First, they may be prosecuted in court for the criminal offense of DUI. Second, they may be subject to licensing action by the Department of Licensing (DOL). Drivers who exceed the breath or blood alcohol content (BAC) limit are prosecuted solely for having an amount of alcohol in their system greater than that permitted by law. The driver's level of impairment is NOT at issue. Drivers are guilty of DUI simply for having violated the per se BAC limit based purely on blood chemistry, even if they are not “impaired”. The BAC limit for Washington drivers over 21 years of age is .08% for the criminal offense and the civil offense. The BAC limit for drivers under 21 years of age is .02%. If a driver's BAC EXCEEDS the above limits, the law PRESUMES that the driver's faculties were impaired. In addition, even if the driver’s BAC is below the BAC limit, the driver can still be arrested and convicted of DUI if it can be shown that the driver’s operation of the car was effected to any appreciable degree.

FIELD SOBRIETY TESTS/BREATHALYZERS

You have the right to refuse a preliminary alcohol screening test administered in the field with a portable device. However, according to Washington's Implied Consent law, drivers who have been arrested for a DUI are required to submit to and complete a breath test or blood test when requested to do so by a law enforcement officer. However, you can request a separate blood test. Consequences of refusing the chemical test are severe, including receiving license sanctions more harsh than for those convicted of DUI. Even those found not guilty of DUI in court may receive a license suspension through the DOL for refusal. Those who refuse a chemical test and are later convicted of DUI are FURTHER punished by: (1) receiving all standard DUI penalties, (2) receiving longer jail sentences, and (3) having their refusal of the test be used in court against them to argue consciousness of guilt.

PUNISHMENT

The court imposed penalties will vary depending on whether the DUI is a misdemeanor or felony offense. Misdemeanor DUI offenses usually do not involve injuries, whereas felony DUI offenses typically do. In a felony DUI, someone other than the driver was injured or killed as a result of the offense. Offenders convicted of a misdemeanor can be sentenced to jail (but not prison) and fined up to $1,000; offenders convicted of a felony can be sentenced to prison. A person with three prior DUI offenses within ten years will be charged with a felony. State law mandates most minimum DUI offender penalties. However, judges do have some discretion in the exact penalties to award. For example, a driver convicted of a misdemeanor or felony DUI could receive the following: (1) county jail or state prison, (2) fine, penalty assessment and restitution, (3) drinking and driving treatment, (4) vehicle impoundment or forfeiture, (5) license restriction, suspension or revocation, (6) ignition interlock device requirement, or (7) probation.

Jail: BAC Per Se: 1st offense: No less than one day nor more than one year imprisonment. Imprisonment may not be suspended or deferred unless the court finds that imprisonment would impose a substantial risk to the offender’s physical or mental well-being. Instead of imprisonment, the court may order not less than 15 days electronic home monitoring (EHM) device be installed at the offender’s expense. EHM may also include an alcohol detection breathalyzer.

High BAC: Imprisonment of not less than 2 days nor more than one year. Imprisonment may not be suspended or deferred unless the court finds that imprisonment would impose a substantial risk to the offender’s physical or mental well-being. Instead of imprisonment, the court may order not less that 30 days electronic home monitoring (EHM) device be installed at the offender’s expense. EHM may also include an alcohol detection breathalyzer.

ADMINISTRATIVE CONSEQUENCES

In addition to sanctions imposed as a result of a court conviction, DUI offenders face administrative license actions (suspensions and revocations) by the DOL. These actions are mandatory. The administrative license suspension process begins when a driver is cited for DUI. The driver license is taken on the spot by the arresting law enforcement officer if the driver: (1) has a BAC of .08% or more or (2) refuses a chemical test requested by an officer. Within 20 days from the date of receiving notice of their license suspension, drivers can request a DOL hearing to fight the suspension of their license. There is a $200 fee for requesting a hearing. In Washington, the first offense often results in a 3 month license suspension. Subsequent violations within 7 years can lead to a 4 year suspension.

LEGAL ASSISTANCE SERVICES

Attorneys are available by appointment. For more information, please contact one of our Legal Assistance Offices at the following locations:

NLSO Northwest Bremerton NLSO Northwest Everett

COMM (360) 476-1003/DSN 439-1003 COMM (425) 304-4551/DSN 820-2126

NLSO Northwest Bangor NLSO Northwest Whidbey Island

COMM (360) 396-6003/DSN 744-6003 COMM (360) 257-2126/DSN 820-2126

RESOURCES

Washington’s Department of Licensing:

Revised Code of Washington § 46.61.502 to 46.61.5055

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