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Consequences to Your Driver's License for a DUI in Washington State

 

 

The ads are all over television, billboards, newspapers and the internet about driving under the influence (DUI).  More and more states are cracking down on drivers who are careless about taking hold of the wheel when they are in an impaired condition.  In the State of Washington there are some clearly defined rules about how theses offenders are treated.

Definition of DUI


The current law allows for measuring alcohol levels by either a breath test or a blood test.  For licensed drivers under the age of 21 a count of .02 or higher is considered DUI.  For drivers aged 21 and older, a blood alcohol level of .08 or more is the benchmark.  Commercial drivers may not have a blood alcohol count over .04.

 

Civil Actions


After a person has been stopped by officers and tested for DUI they will be arrested.  The officers are then under order to contact the Department of Licensing (DOL).  In addition, if the suspect refused to be tested, the DOL must be informed of this as well. 

 

Sixty days after the arrest has taken place the person's driver's license will be suspended or revoked automatically.  This can be prevented if a hearing is requested by the suspect within the first 20 days after being arrested.  The hearing is held to provide the suspect an opportunity to contest the suspension of their license. 

 

Current Rules for Suspensions: Civil


According to current DUI laws, After being arrested for their first DUI offense, adults and minors alike will have their license suspended for 90 days.  If they are arrested a second time within 7 years for a DUI, then adults shall have their license suspended for 2 years.  Drivers under the age of 21 will have their license suspended for the longer of 1 year or the time until they reach the age of 21.  As an example, for someone that is 18 years old and is arrested twice for DUI within a year, they could go three years without driving privileges.

 

For people with a commercial driver's license, they will have their CDL revoked for a full year after being arrested for DUI.  This is true even if the person is driving their personal car when the arrest happens. 

 

Current Rules for Suspensions: Criminal


In addition to the penalties mentioned above, there are criminal penalties imposed by the State of Washington as well.  For most DUI convictions the person will remain in jail for a minimum of one day.  They could remain there for as long as one year.  The amount of jail time will increase over one day based on different factors:

 

  • Any prior arrests
  • If the person tests at .15 or more
  • If the person refuses to partake in either the breath test or the blood test

Besides jail time, there are several more penalties that a person must suffer through after a misdemeanor DUI arrest.

 

  1. Convicted parties must pay a fine to the court.
  2. After the arrest, conviction and jail time the person must submit to a physical evaluation and follow any orders for suggested treatment
  3. Serve probation for up to a maximum of 5 years
  4. Agree to an ignition lock device placed on the person's vehicle for a full year after the conviction.

 

For those individuals that are arrested for a felony DUI the sentencing will typically be longer in result in prison time. 

 

The State of Washington mandates that all people convicted of DUI must be assessed and treated in the same manner as people that suffer from a chemical dependency.  People that tested by a certified agent and determined to have a dependency on alcohol will have to undergo alcohol counseling.  The duration of the counseling is determined by the certified agent.  In addition, all people receiving a DUI conviction must appear before a Victim's Impact Panel.  The panel is comprised of individuals impacted by the action of drunken drivers.

 

Possible Alternative


It is possible to enter a deferred prosecution program after being charged with DUI.  In this proceeding the DUI conviction is held for five years.  During that five year time the suspect must complete a two year alcohol treatment program.  In addition, the suspect must stay sober and follow all laws.  If these conditions are met the court will completely drop the charge five years after the person begins the deferred prosecution program.

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