Washington DUI

The Washington DUI law states that when a person is in physical control of a motor vehicle while driving under the influence of alcohol or any drug and has a blood alcohol concentration of .08 or higher which was shown by analysis of the person’s breath or blood. If the person has been entitled to use a drug under the laws of the state as with a prescription medication it does not constitute a defense against the charge.

The administration of an analysis of the person’s breath or blood that shows the concentration to be .08 or more within two hours after being in control of a vehicle. If the analysis was obtained more than two hours, a concentration of .00 may be used as evidence that the person was under the influence of alcohol or drugs. A DUI violation charged will be constituted as a gross misdemeanor.

A class C felony is charged if the person is a juvenile, had four or more prior offenses with ten years or they have been previously convicted of vehicular homicide while intoxicated, vehicular assault or an out of state offense.

Charges for a gross misdemeanor include one to three hundred and sixty five days in jail and the loss of their license, fines, fees, court costs and a drug evaluation as well as up to five years probation. For a felony it is a minimum of six months in jail with a maximum of sixty months, plus stiffer fines, loss of license for a longer duration and an extended probation period. A person convicted of a felony will also lose their voting rights and the right to bear arms.

With the refusal of the breath or blood test your license may be suspended due to Implied Consent Laws. When you obtained your driver’s you signed and agreed to take the authorized tests for a DUI. In Washington, the penalties for refusal are more severe than if you took the breath or blood test and were over .08. For first offenders their license will be revoked for two years, three to seven years for the second time and four to seven years for the fourth. Also, there may be an extended jail sentence.

If you took the test or refused it, you have a time period to request a hearing with the Department of Licensing. If you do not request a hearing your license will be suspended on the 60th day after your arrest. This suspension is separate from what may be ordered by the court if convicted of the DUI. Also, if you refused, remember that the officer must read you the Implied Consent rights before asking you take the test. If he failed to do so your refusal may be inadmissible in court.