If you have been arrested for DUI or Physical Control in the State of Washington, you need the facts from an experienced DUI attorney. Here is an overview: First, a DUI prosecution consists of two parts: (1) a civil hearing where the department of licensing (DOL) tries to take away your license; and (2) a criminal case where the State of Washington seeks a conviction, jail time, and the penalties outlined below.

Here, I will discuss the criminal law aspect of the case. But first, a word about your Department of Licensing hearing:

If you are arrested for DUI in the state of Washington, you must request a DOL hearing within 20 days of your arrest. If you do not request the DOL hearing and pay the required fee within 20 days, the department of licensing will suspend your license. If you drive with a suspended license in the State of Washington, you are committing a separate crime which could subject you to up to a year in jail each time you drive without a valid license.

Maximum:

DUI is a gross misdemeanor punishable by up to one year in county jail and a $5,000 fine. A conviction for DUI could cause you to lose your drivers license and require you to have an ignition interlock device installed on your car.

Minimums:

Mandatory minimum penalties also apply. This means that if you are convicted of DUI, a judge must sentence you to at least a specified amount of jail time and fine. These penalties are imposed in addition to any Department of Licensing penalties. The mandatory minimum penalty that applies to your case depends upon: (1) your breath test level or refusal; and (2) the number of times you have been convicted of DUI or a charged reduced from DUI in the past seven years.

For example, if you are convicted of DUI and you provide a breath sample of between .08 and .149, the judge must sentence you as follows:

• 1 day in jail;
• $350 fine (usually approximately $1,400.00 with costs and assessments); and,
• 1 year of ignition interlock

The court may also order alcohol or drug treatment and make you attend a victim impact panel. You will also need high risk auto insurance (SR 22) for three years. These minimum penalties increase significantly if you have prior DUI convictions, refused the breath test, or provided a breath sample over .15. Consult an experienced Washington DUI attorney for advice specific to your case.

Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an experienced DUI attorney before making assumptions about your case.

Elements of DUI:

In Washington State, a person is guilty of Driving Under the Influence (DUI) of alcohol or any drug if he or she:

• Drives a Motor Vehicle in the State of Washington; and,
• the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood; or
• while the person is under the influence of alcohol or any drug.

One thing you will notice is that it is possible to be convicted of DUI even if you are not offered a breath test. This is known as the "affected by" method of proving DUI. If the prosecutor can prove to a jury that you were "affected by" alcohol at the time of driving, you can be convicted.

Should you refuse to take the breath test, there are some things you should know:

• The state can use the fact that you refused the test against you at trial; and,
• criminal and department of licensing penalties may increase dramatically.

Consult an experienced Washington DUI attorney before you decide whether to take a breath test. Always ask to speak with an attorney at the scene of your DUI stop and before taking any breath test.

What to do if you are stopped for DUI in Washington State:

1. Be polite. Most police officers/state troopers are good people trying to do a tough job. If you make their job more difficult, they will make your experience more difficult. The officer's observations of your appearance, attitude and conduct often make a difference in the outcome of your case.
2. Ask to speak with a lawyer immediately. Call 425-280-8906 to reach a qualified DUI attorney. If Mr. Nagle is unavailable, ask the trooper/officer to put you in contact with another attorney. If the officer refuses, continue to be polite and see #3 below.
3. Do not answer any questions. If the officer asks you if you have been drinking, politely tell him or her that you do not want to answer any questions.
4. Do not take Field Sobriety Tests. Field Sobriety tests can include following a pen with your eyes (HGN), walk and turn, one-leg stand, and alphabet tests. You have a right to refuse these tests under Washington Law. Exercise this right and politely decline any FSTs.
5. Ask to speak with a lawyer before you take any breath test. Call 425-280-8906 and ask for Mr. Nagle. If Brett is unavailable, ask the officer to speak with another qualified Washington DUI attorney immediately. A qualified Washington DUI attorney can advise you whether to take the breath test.

Get the Facts:

Even if you did not follow some or all of the advice above, get the facts by speaking with an experienced Washington DUI attorney immediately if you have been arrested for DUI. Call 425-280-8906 for a free consultation with an experienced Washington DUI lawyer.

Mr. Nagle accepts cases throughout Washington State, focusing on greater Snohomish and King Counties, including the following areas:  Lynnwood, Everett, Mill Creek, Bothell, Edmonds, Arlington, Kenmore, Kirkland, Lake Stevens, Marysville, Mountlake Terrace, Mukilteo, Redmond, Seattle, Stanwood, Seattle, Shoreline, Woodinville.