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Been charged with Drunk Driving (DUI / DWI) ?
Click Here To Ask A DUI Attorney
Frequently Asked Questions
| How is DUI determined? |
If DUI is suspected, the amount of alcohol in the driver’s blood is measured by a breath or blood test. The driver will be cited for DUI if the results are:
- .08 or higher for adults.
- .02 or higher for minors (under 21).
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| What can I expect if I am stopped for DUI? |
If you are stopped for suspected DUI, the law enforcement officer may:
- ask if you have consumed any alcohol or drug-related substances.
- ask you to take a field sobriety test.
- ask you to submit to a breath test. If your blood alcohol content is .08 or higher, you may be cited and taken to jail.
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| What if I refuse to take the breath or blood test? |
If you refuse to take the test, your license will be revoked. When you operate a motor vehicle in Washington State, you automatically give consent to have your breath or blood tested if a law enforcement officer believes you have been driving under the influence of alcohol or drugs. This is Washington's Implied Consent Law
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DUI license suspensions
Will my driver license be suspended immediately after I'm stopped for DUI? |
No. The amount of time until the suspension takes effect depends on the type of offense. |
| How long will my license be suspended? |
Your license may be suspended from 90 days up to 4 years, based on prior offenses and your blood alcohol level. |
| I am licensed in a state other than Washington. What happens if I am cited for DUI in Washington State? |
When we receive a notification of your DUI, we:
- record it on your Washington driving record.
- take the appropriate action to suspend or revoke your driving privileges.
- forward a copy to the state where you’re licensed, and they may also take action if required by their state laws.
I don’t have a driver license. How can you suspend something I don’t have?
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An unlicensed driver stopped for a DUI will be reported the same way a licensed driver would be. If you do not have a record with the Washington State Department of Licensing, a record will be created based on the information provided by the law enforcement agency. |
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| If my car was not moving, can I still be guilty of DUI? |
Yes. You don't need to be actually operating the car in order to be arrested. You can be found guilty just by having the capability and power to direct, dominate or regulate the vehicle, regardless of whether or not you were driving the vehicle at the time of the arrest. You can actually be arrested for DUI even if you are just sitting in the drivers side of your vehicle with the keys in the ignition, simply because you have actual physical control over the vehicle. |
What Penalties am I Facing for DUI ?
If I had a Breath Test Under .15% or no breath test
(not including a refusal to take a breath test)
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| Administrative penalties assessed by the for a breath test .08 or higher - even if found not guilty of DUI |
Criminal penalties
if there isn't a prior offense within the
past 7 years |
Criminal penalties if
this is a Second Offense with One Prior Offense within the past 7 years |
Criminal penalties if this is a Third Offense with Two Prior Offenses within the past 7 years |
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90 day license suspension
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Two year license revocation if second or subsequent administrative action within seven years.
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License is marked for 60 days
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30 days to request hearing
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$200 hearing fee unless indigent
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Hearing within 60 days of arrest
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$150 reissue fee
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SR-22 Insurance required 3 years thereafter |
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One day in jail minimum, one year maximum
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OR 15 days Electronic Home Detection (EHD)
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$823 total minimum, up to $5,000 fine
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90 day license suspension
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition Interlock at least one year
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Alcohol evaluation and treatment (up to two years)
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Probation monitoring (and fees) for up to five years |
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30 days in jail minimum, one year maximum, PLUS 60 days EHD
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$1,078 total minimum, up to $5,000 fine
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Two year license revocation
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Driving and knowledge exams
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition ck for one year (if no previous interlock) |
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Alcohol evaluation and treatment (up to two years) |
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Probation monitoring (and fees) for up to five years |
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90 days in jail minimum, one year maximum, PLUS
120 days EHD
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$1,928 total minimum, up to $5,000 fine
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Three year license revocation
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Driving and knowledge exams
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition interlock for one year if no previous interlock, five years if a previous interlock, ten years if two previous interlocks
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Alcohol evaluation and treatment (up to two years)
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Probation monitoring (and fees) for up to five years |
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Breath Test .15% Or Higher or Refusal To Take Breath Test
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90 day license suspension
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Two year license revocation if second or subsequent administrative action within seven years.
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License is marked for 60 days
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30 days to request hearing
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$200 hearing fee unless indigent
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Hearing within 60 days of arrest
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$150 reissue fee
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SR-22 Insurance required 3 years thereafter |
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Two days in jail minimum, one year maximum or 305 days
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OR 15 days Electronic Home Detection (EHD)
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$1,078 total minimum, up to $5,000 fine
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1 year revocation if took breath test, 2 year revocation if refused breath test
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition Interlock at least one year
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Alcohol evaluation and treatment (up to two years)
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Probation monitoring (and fees) for up to five years |
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45 days in jail minimum, one year maximum, PLUS 90 days EHD
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$1,503 total minimum, up to $5,000 fine
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900 day license revocation if took breath test, 3 year revocation if refused breath test
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Driving and knowledge exams
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition ck for one year (if no previous interlock) |
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Alcohol evaluation and treatment (up to two years) |
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Probation monitoring (and fees) for up to five years |
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120 days in jail minimum, one year maximum, PLUS
150 days EHD
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$2,778 total minimum, up to $5,000 fine
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Four year license revocation
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Driving and knowledge exams
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SR-22 Insurance
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Probationary license for 5 years after reinstatement
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Up to five years monitored probation
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Ignition interlock for one year if no previous interlock, five years if a previous interlock, ten years if two previous interlocks
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Alcohol evaluation and treatment (up to two years)
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Probation monitoring (and fees) for up to five years |
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| Referenced Washington State Department of Licensing |
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Copyright © 2005 Herbert Law Offices, All Rights Reserved. |
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