WELCOME TO WADUI.COM.  Your Washington DUI Resource. DON’T STAND ALONE. If you have been arrested for DUI here in Washington State, it is important that you have some basic understanding of Washington DUI laws and penalties.  Even though Washington's DUI laws are among the toughest in the country, it is important that you understand that you do have legal rights.  But only you can excercise them.  We can help. Free Initial Consultation (206) 624-3644 (425) 455-2040 (253) 852-1661 Don’t let one mistake ruin your career, your family and your finances. OUR LAWYERS HAVE SUCCESSFULLY RESOLVED HUNDREDS OF DUI CASES OVER THE LAST 10 YEARS. Here is the primary Washington DUI statute. RCW 46.61.502 Driving under the influence. (Effective July 1, 2007.) (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:      (a) 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 made under RCW 46.61.506; or      (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or      (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.      (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.      (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.      (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.      (5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.      (6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), or vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b).
The simple truth is that WashingtonState has one of the toughest DUI laws in the country, particularly if this is your second or third alleged defense in the last seven years.   The punishment and penalties for a DUI conviction in WashingtonState is swift and unwavering. If you are convicted of DWI, certain mandatory minimum punishments will be imposed. The judges presiding over your sentencing have absolutely no discretion with regard to the mandatory minimum sentences required to be imposed.    These mandatory minimum sentencing requirements include the following: 1.     Imposition of a mandatory jail sentence; 2.     Obtaining an alcohol evaluation from a state certified provider and following all treatment recommendations; 3.     Installation of Ignition Interlock Device (IID) for a minimum of one year; 4.     Attendance of a Victim Impact Panel; 5.     A minimum mandatory license suspension of at least 90 days.
Detailed below are the mandatory minimum sentencing requirements for first, second and third offenses within a seven year period for conviction of DUI (Drunk Driving) in Washington State. COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004) “Prior Offense” includes the following: (as defined in RCW 46.61.5055) Original Convictions for the following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance) (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance) (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence (4) Equiv. out-of-state statute for any of the above offenses Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)♦ (1) Neg. Driving 1st (RCW 46.61.5249) (2) Reckless Driving (RCW 46.61.500) (3) Reckless Endangerment (RCW 9A.36.050) (4) Equiv. out-of-state or local ordinance for the above offenses Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance) (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance) (3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) “Within seven years” means that the arrest for a prior offense(s) occurred within seven years of the arrest for the current offense. (as defined in RCW 46.61.5055) Alcohol Concentration Less Than .15 or No Test Result No Prior Offenses Within Past Seven Years One Prior Offense Within Past Seven Years Two or More Prior Offenses Within Past Seven Years Jail Time*** 1-365 Days (24 consecutive hours non-suspendable) 30-365 Days (30 days non-suspendable) 90-365 Days (90 days non-suspendable) Electronic Home Monitoring* In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days 60 Days 120 Days Fine $350-$5,000 ($823 total minimum fine w/statutory assessments****) $500-$5,000 ($1,078 total minimum fine w/statutory assessments****) $1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****) Driver's License 90 Day Suspension Two Year Revocation Three Year Revocation Ignition Interlock Device DOL Shall Require ** DOL Shall Require ** DOL Shall Require ** Alcohol/Drug Ed. or Treatment As Determined by the Court As Determined by the Court As Determined by the Court Alcohol Concentration at Least .15 or Greater or Test Refusal No Prior Offenses Within Past Seven Years One Prior Offense Within Past Seven Years Two or More Prior Offenses Within Past Seven Years Jail Time*** 2-365 Days (2 consecutive mandatory) 45-365 Days (45 days mandatory) 120-365 Days (120 days mandatory) Electronic Home Monitoring* In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days 90 Days 150 Days Fine $500-$5,000 ($1,078 total minimum fine w/statutory assessments****) $750-$5,000 ($1,503 total minimum fine w/statutory assessments****) $1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****) Driver's License 1 Year Revocation (2 years if BAC refused; Chapter 95,Laws 2004) 2 Year Revocation (3 years if BAC refused; Chapter 95,Laws 2004) 4 Year Revocation Ignition Interlock Device DOL Shall Require ** DOL Shall Require ** DOL Shall Require ** Alcohol/Drug Ed. or Treatment As Determined by the Court As Determined by the Court As Determined by the Court
Field Sobriety Tests in Washington State I am often asked whether a person must or should take Field Sobriety Tests when offered the chance by Washington State law enforcement.  In nearly every circumstance, the answer is a definitive NO to both. Field Sobriety Tests are completely voluntary in Washington State.  They are rarely used to determine if a person is under the influence or to determine if a person is actually DUI.  Rather, they are uniformly used and abused soley for the purpose of attempting to gather incriminating evidence.  Listen, every situation is unique.  And the purpose of this site is NOT to provide legal advice.  As such, it cannot be relied upon as such. As a practical matter, however, it is almost always to your benefit to firmly but politely refuse to perform any field sobriety tests when offered. The same is true for any field or portable breath tests (PBTs).  These are the tests that are offered by officers in the field after you have been stopped BUT BEFORE YOU ARE TAKEN TO THE STATION, READ YOUR IMPLIED CONSENT WARNINGS AND OFFERED AN OPPORTUNITY TO PROVIDE A SAMPLE PURSUANT TO THE IMPLIED CONSENT LAW.  The test at the station requires a mandatory 15-minute observation period be observed and that other procedural requirements be followed.  It is critical that you ask the arresting officer to talk to a lawyer BEFORE making a decision about whether or not to take this test. Again, nothing on this website is to be construed as legal advice or as substitution for competent legal counsel.  If you have been arrested for DUI, it is imperative that you talk to a lawyer as soon as possible.
If you have been stopped by law enforcement or arrested on suspicion of DUI, you have the right under Washington law to talk to lawyer.  Exercise it.