Washington State DUI (Driving Under the Influence)

Driving under the influence (DUI) in Washington State is much more than a traffic infraction—it is a gross misdemeanor offense. The penalties upon conviction include mandatory fines, jail time, license suspension or revocation and installation of an ignition interlock device in vehicles operated for at least a year. Because DUI is such a serious crime, hiring an experienced DUI defense attorney is strongly recommended.

After being pulled over or contacted, you were probably asked to take several tests, including field sobriety tests and a hand-held breathalyzer test. Field sobriety tests, such as the one-leg stand, walk-and-turn, and horizontal gaze nystagmus, are used by the officer to determine if there is probable cause for a DUI arrest. These tests are entirely voluntary, yet performing them, even when sober, can result in poor performance and lead to arrest.  Moreover, the poor performance may be used as evidence of intoxication by the prosecution at trial.

The next test you were probably asked to take is the preliminary breath test. Officers may administer a portable test, administered roadside, to determine if there is probable cause for an impaired driving arrest. Although the portable breath test is voluntary, it is important to know that the evidentiary test administered after you are arrested is not—in so far as you may lose your driver’s license for refusing the evidentiary test. Failing to take the evidentiary test can lead to other consequences for violating Washington State’s implied consent laws, such as an administrative license revocation—and enhanced penalties if convicted of DUI with an allegation of having refused a breath or blood test.

The legal limit for drivers over the 21 and over in Washington State is .08%. Due to Zero Tolerance laws, the legal limit for drivers under the age of 21 is .02%. If you test over these thresholds, you can be charged with violating the “per se” limit under driving under the influence laws or the driver under 21 consuming alcohol law.

After such an arrest, you have only 20 days to request a hearing to contest the suspension or revocation of your license, permit or privilege to drive. Failure to do so will result in an automatic suspension 60 days from the date of your arrest (or from the date you received notice if you did not receive a notice at the time of your arrest).

The defense attorneys at Callahan Law understand the science and laws involved in a DUI case, and we have the experience of defending these cases for over a decade.  Ms. Callahan is the author of the Washington DUI Practice Manual, published by the renowned legal publisher, Thomson-West.  Her advice is sought by other DUI lawyers across the state, even across the country.  Her book is relied upon and respected as an authoritative treatise on DUI by lawyers, judges and even prosecutors across the state. At Callahan Law, we will bring all our knowledge, skill and experience to aggressively defend and to endeavor to get the least possible consequences in your case—and while we cannot promise any particular result, we would work hard to get the charge dismissed or reduced. For a free consultation regarding your driving under the influence case, contact Callahan Law today. Please visit our main DUI site at http://www.dui-defender.net/ for further information.

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