WA DUI Defense Attorneys

Facing a DUI charge in Washington state can feel overwhelming, with the potential to affect many aspects of your life – from your driving privileges to your employment and personal reputation. Being convicted of DUI in WA can have serious consequences, including hefty fines, possible jail time, a suspended or revoked license, limitations on international travel, and long-term impacts on your driving record. A strong DUI defense strategy requires not only understanding your legal rights but also taking decisive steps to protect your future.

A drunk driving charge can come not just with a heavy economic burden, but also significant emotional strain. Many individuals who’ve been charged with a DUI have clean driving records prior to making one poor decision that could stay with them for a long time.

While the legalities of Washington state DUI laws can be complex, you don’t have to face your charges alone. With experienced and knowledgeable DUI defense attorneys, you can confidently approach the legal process, knowing that you have a team dedicated to pursuing the best possible outcome for your case. Garguile Law has a track record of helping individuals like you understand the process, explore your options, and build strong defenses.

Jump to Section:

Understanding DUI Charges in Washington State
What to Do During a DUI Arrest
Navigating the Legal System After a DUI Arrest
Potential Penalties and Consequences of a DUI Conviction
DUI Defense Strategies & How to Beat DUI Charges
How Can a DUI Defense Attorney Help?
Important Things To Know About DUI in Washington State

Understanding DUI Charges in Washington State

In Washington state, a charge of driving under the Influence (DUI) means operating a vehicle while impaired by alcohol, drugs, or a combination of both. This applies to both legal and illegal drugs, as well as over-the-counter and prescription drugs that affect your ability to drive safely. A police officer may determine that you’re impaired through observing your behavior, a field sobriety test, or a chemical test such as a breath or blood test.

Legal Blood Alcohol Content (BAC) Limits

Washington law sets clear limits for BAC (blood alcohol content) levels while driving:

0.08% or higher for adults ages 21 and older,
0.04% or higher for commercial vehicle drivers, and
0.02% or higher for minors under 21 (zero-tolerance policy).

Even if your BAC is below these limits, you can still face DUI charges if law enforcement believes that your driving has been impaired. Additionally, driving under the influence of cannabis (marijuana) or prescription drugs can also result in a DUI charge, regardless of whether the substance is legally prescribed or recreationally legal.

Physical Control Charges in Washington State

In Washington, you do not have to be actively driving to face legal consequences for being intoxicated. You can face a physical control charge if you’re in control of a vehicle while under the influence, even if you’re not driving. For example, if you’re found in the driver’s seat with the keys in the ignition while under the influence, you could still face legal action.

What Happens During a DUI Arrest

A DUI arrest can be an unsettling experience. Knowing what to expect can help you stay informed and make better decisions in the moment and in the hours, days, and weeks after.

No one plans to get pulled over for driving under the influence, and for many it can come as a surprise when you feel like you’ve been driving normally. After all, it is lawful to drink and drive up to a certain point – and drinking at social gatherings is a normal activity. For many businesses, drinking is a seasonal event. Meanwhile, DUI patrols ramp up during the holiday season, on the lookout for the slightest indication that you may be driving under the influence.

If you find yourself being pulled over, below are Garguile Law’s 7 Rules of the Road – guidelines to follow when stopped by the police:

DO give the officer your papers: driver’s license, registration, and proof of insurance.
DO submit to a breath or blood test, but only back at the station or the hospital.
DO ask for a local DUI attorney.
DON’T say anything about the situation. Be polite but decline to comment.
DON’T perform any field sobriety tests, including the handheld portable breath tester.
DON’T consent to any searches.
DO go to the hospital after your release for an independent and confidential blood or breath test of your blood alcohol level.

Field sobriety tests, such as walking in a straight line or standing on one leg, are commonly used by law enforcement officers to assess impairment. However, these tests are voluntary in Washington. If you choose to decline a field sobriety test, do so politely and be aware that refusal may lead to an arrest if other signs of impairment are present.

Washington’s implied consent laws mean that by holding a driver’s license, you agree to submit to breath or blood alcohol tests once you’ve been lawfully arrested for a DUI. Refusing a breath or blood test at this point can result in an automatic suspension of your license for at least a year, using your refusal as evidence in court, and possible additional penalties if you end up convicted of the DUI charge.

What if you have valid reasons to refuse a test? It’s important to weigh the potential consequences and consult a lawyer as soon as possible if you’re facing this decision.

A DUI is by far one of the most common and most damaging major traffic offenses on the books. If your DUI ends in a conviction, it could have the potential to drain your finances, shatter your family life, ruin your career, and haunt you for the rest of your life. While your automatic response may be denial or panic, dealing with the situation head-on will help you put this mistake behind you. That includes reaching out to a DUI defense attorney ASAP.

Navigating the Legal System After a DUI Arrest

It’s normal to feel overwhelmed trying to figure out how to proceed when you’ve been charged with a crime. Getting help from a DUI defense lawyer puts you in control of the situation. They can help you get through the legal process smoothly.

The Arraignment: Your First Court Appearance – Your arraignment is your first court appearance after a DUI arrest. During this hearing, the judge will formally read the charges against you, and you will be asked to enter a plea of guilty, not guilty, or no contest. It’s critical to consult with an attorney before your arraignment to understand your options and make an informed decision that will shape the rest of your case.
Pre-Trial Motions and Hearings – After your arraignment, your attorney may file pretrial motions to challenge the evidence against you, request discovery of more evidence, or negotiate with the prosecution. This helps identify potential weaknesses in the prosecution’s case and sets the stage for possible plea negotiations or trial.
Potential Outcomes: Plea Bargains vs. Trials – Depending on the specifics of your case, you may have the option to accept a plea bargain, which typically involves reduced charges or penalties in exchange for a guilty plea. However, if a plea deal is not in your best interests, your case may proceed to trial to be decided by a judge or jury.

An experienced WA attorney who focuses on DUI defense cases can explain the charges and ramifications and advocate for your best interests at every turn. Even when a judge or jury may be the ultimate decision-maker, a good lawyer can strongly influence the outcome of a case. Keep in mind that many attorneys handle DUI cases, but not all of those attorneys focus their practice on DUI defense. When your future is on the line, you need someone in your corner who knows the system, understands the law, and is dedicated to defending you against these types of charges.

Potential Penalties and Consequences of a DUI Conviction

A DUI conviction in Washington can have significant legal and personal consequences. Understanding what’s at stake can help you make informed decisions about your case.

Fines, Jail Time, and Probation – Penalties for DUI conviction in Washington can include substantial fines, possible jail time, and probation requirements such as attending alcohol education programs or completing community service.
Driver’s License Suspension – A DUI conviction may result in the suspension of your driver’s license. However, you have the right to challenge the suspension through a Department of Licensing (DOL) hearing. You must immediately request a hearing within 7 days to have the best chance at keeping your driving privileges.
Impact on Employment and Professional Licenses – A DUI conviction can affect your current and future job opportunities, especially if your position requires a clean driving record. Certain professional licenses may also be at risk with a conviction.
Long-Term Consequences – Once you’ve been convicted of a DUI, you may face significantly higher auto insurance premiums and a lasting mark on your criminal record. This could potentially impact future opportunities in various aspects of your life.

Unfortunately, DUI penalties multiply based on the number of DUI charges you’ve had in the past 7 years, as well as factors such as an especially high BAC (0.15% or greater). This is why it’s important to get the help of a capable DUI attorney as early in the process as possible.

View the Washington State DUI Penalties Grid

Special Considerations for Commercial Drivers and Underage Offenders

Commercial drivers and underage individuals face unique challenges and stricter legal standards when it comes to DUI charges in Washington state. Understanding these specific considerations is crucial to developing an effective defense strategy.

DUI Implications for CDL Holders – For commercial driver’s license (CDL) holders, the stakes of a DUI are particularly high. Washington state law sets a lower BAC limit of 0.04% for CDL holders operating a commercial vehicle. A DUI for CDL drivers can result in your license being suspended, losing your job, and significant financial hardship. Additionally, even an off duty DUI in a personal vehicle can lead to disqualification from holding a CDL for a certain period. Defending against these charges requires a focused approach to protect your livelihood and source of income.
Zero Tolerance Laws for Drivers Under 21 – Washington state law enforces a zero-tolerance policy for underage drivers, which means that a blood alcohol concentration (BAC) of 0.02% or higher can result in DUI charges. This strict standard means that even minimal alcohol consumption can lead to significant legal consequences for minors. Defenses for underage DUI cases often focus on challenging testing accuracy, improper police procedures, and potential violations of your constitutional rights.

Both CDL holders and underage drivers face additional penalties beyond standard DUI sanctions. CDL holders may face longer disqualification periods and additional employment-related consequences. Meanwhile, underage offenders can encounter challenges such as academic probation, loss of scholarships, and barriers to future employment opportunities. Understanding these potential impacts can help formulate a defense strategy aimed at minimizing the long-term damage of these charges on your life.

DUI Defense Strategies & How to Beat DUI Charges

A strong legal defense begins with an experienced DUI lawyer and a thorough examination of the details surrounding your arrest and the evidence presented against you.

Challenging the Legality of the Traffic Stop – One of the first steps in building a DUI defense is evaluating whether your traffic stop was lawful to begin with. Law enforcement officers must have reasonable suspicion to pull you over, such as erratic driving, speeding, or vehicle equipment violations. If you can demonstrate that your traffic stop lacked legal justification, any evidence that the authorities obtained afterwards may be deemed and admissible in court. This could potentially lead to the dismissal of your case and the DUI charges against you.
Questioning the Accuracy of BAC Tests – Breathalyzers and blood tests are commonly used to determine blood alcohol concentration (BAC) levels, but they are not foolproof. Improper calibration, delayed maintenance, and operator error can cause inaccurate results. Your DUI defense may involve scrutinizing the procedures followed during testing to identify any inconsistencies or errors that could call your results into question.
Identifying Procedural Errors During Arrest – Under the law, DUI arrests must follow strict legal protocols, including proper advisement of your rights and the appropriate handling of evidence. If law enforcement fails to follow these procedural rules, that could be grounds for dismissing or reducing your DUI charges. Your attorney can review arrest reports and body camera footage to help uncover any procedural violations that could weaken the prosecution’s case against you.
Exploring Alternative Explanations for Observed Impairment – Many other factors can mimic the signs of impairment observed by law enforcement officers. For example, medical conditions, fatigue, prescription medications, and even nervousness can result in behaviors mistaken for intoxication. Presenting credible evidence of alternative explanations can help challenge the prosecution’s claims and provide reasonable doubt.

Fighting DUI charges without proper legal representation can be difficult and risky. DUI laws are complex, and the potential consequences can have lasting effects on various aspects of your life. Having a knowledgeable attorney by your side ensures that your rights are protected and that you have access to sound legal advice that is tailored to your situation.

How Can a DUI Defense Attorney Help?

Good DUI attorneys can evaluate the evidence against you, identify weaknesses in the prosecution’s case, and build a strong defense strategy to protect your best interests. Your lawyer can also help negotiate plea bargains that could result in reduced charges or alternative sentencing options, such as alcohol education programs or community service, which can lessen the long-term impacts of a conviction.

Legal representation is especially important when facing administrative proceedings, such as Department of Licensing hearings, which determine whether your license will be suspended or not. An experienced attorney can advocate on your behalf and present compelling arguments for you to keep your license or minimize the duration of your suspension.

When choosing a WA state DUI lawyer, look for an attorney with a proven track record of successfully handling DUI cases. Many attorneys include DUI defense as part of their services, but don’t necessarily focus on DUI cases. Because Washington’s DUI process moves so quickly and has such high stakes, it’s important to find an attorney with the right expertise, who takes the time to clearly explain your options.

Ultimately, having professional legal support in a DUI case provides you with peace of mind, knowing that you’re taking proactive steps to protect your future. Investing in skilled representation can make a significant difference in the outcome of your Washington DUI case. When you have a DUI defense lawyer you trust in your corner, you can move forward with confidence.

Important Things To Know About DUI in Washington State

Can I Obtain a Temporary or Occupational License After a DUI?

Yes. If your driver’s license is suspended because of a DUI, you may be eligible for an occupational or restricted driver’s license (ORL) in Washington state. This type of license allows you to drive under limited conditions, such as commuting to work, school, medical appointments, or other essential activities. To qualify, you must:

Enroll in a state-approved alcohol or drug treatment program,
Provide proof of financial responsibility, such as SR22 Insurance, and
Pay the necessary application fees.

Your attorney can help you apply for an ORL through the Washington State Department of Licensing (DOL). It’s important to act quickly to avoid a complete loss of driving privileges.

What Are the Costs Associated with a DUI Conviction?

A DUI conviction in Washington can be financially burdensome. Primary costs include:

Fines and Court Fees – Depending on the severity of the offense you’re facing, fines can range from several hundred to several thousand dollars.
Legal Fees – Attorney fees vary based on expertise and case complexity.
Alcohol Education and Treatment Programs – You may have to participate in mandatory programs, which can cost hundreds of dollars out of pocket.
Increased Insurance Premiums – DUI convictions usually result in significantly greater car insurance rates for Washington state drivers.
Ignition Interlock Device (IID) Costs – If deemed necessary in your case, installation and maintenance fees for these devices can add up over time.
License Reinstatement Fees – If your license gets suspended, you must pay certain fees to reinstate your driving privileges.

For more information, view the WA DUI Penalties Grid.

Addressing your case directly and quickly with the help of an experienced DUI defense attorney can help you minimize the impact on your life.

How Does a DUI Affect My Auto Insurance?

A DUI conviction in Washington can have a significant impact on your auto insurance rates. Insurance providers typically classify DUI offenders as high-risk drivers, which can result in increased premiums (by 50% or more), policy cancellations, and additional insurance requirements such as an SR22 Insurance certification. These consequences can last for several years, making it essential to explore ways to mitigate their financial impact.

Is Deferred Prosecution an Option for Me?

Deferred prosecution is an option available to certain DUI offenders in Washington state, allowing them to avoid a conviction by completing a comprehensive alcohol or substance treatment program. To qualify for deferred prosecution you must:

Acknowledge that your substance use disorder contributed to your DUI offense,
Agree to undergo a 2-year treatment program and abstain from alcohol and drugs for 5 years, and
Comply with probation conditions, including regular court check-ins.

If successfully completed, your DUI charge may be dismissed. However, failing to comply with the program can result in reinstatement of charges and full sentencing. Consulting with a DUI attorney can help you determine if deferred prosecution is the right option for you.

At Garguile Law, our WA DUI attorneys have answers to your questions, advice you can trust, and experience you can count on. We pay personal attention to every case in order to exercise independent professional judgment on your behalf. We respect your goals and continually evaluate and analyze the strategic decisions we make together. Our aim is to act as both a guide and an advocate while helping you maneuver through this complex legal system.

Contact us now to get started on your DUI defense today.