FAQs

Yes. A new administrative license suspension law gives authorities the right to suspend the driver's license of any person, even a first-time DUI offender, who fails the BAC breath test. Suspensions range from 90 days for a first-time offender to three years for certain repeat offenders. These administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the court following a DUI conviction. A special license that allows a person with a suspended license to drive to and from work, called an occupational license, will not be granted for the first 30 days of the suspension. The fee for reissuing a revoked or suspended license has been increased from $50 to $150.

No. You can be found guilty of driving under the influence (DUI) in two ways. The first is by a measurement of the level of alcohol in your blood. Effective January 1, 1999, the legal blood alcohol limit is lowered from .10 to .08. Your blood alcohol concentration (BAC) is the ratio of alcohol to blood and is measured by a test of your breath or blood. If your BAC meets or exceeds .08 you can be found guilty without further evidence of impairment.

The second way you can be found guilty of DUI is if you are under the influence of or affected by alcohol or any drug, or any combination. This applies to any illegal drug or legal drug, including all over-the-counter drugs and prescribed drugs that might impair your ability to drive.

Negligent Driving in the First Degree: If you are a driver who has been drinking and displaying unsafe driving behavior, but do not have enough alcohol in your system to warrant a DUI you can still be charged with negligent driving in the first degree. If a DUI charge is amended to negligent driving it counts as a prior DUI in future sentencing options.

Washington State has changed its law regarding deferred prosecution. If a driver who has been charged with a DUI believes that his or her actions were a result of an addiction to alcohol or drugs, that driver may qualify for a deferred prosecution which puts the DUI charges "on hold." The person will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. If he or she complies with the court's requirements, the DUI charge will be dismissed. If the person fails to comply with these requirements, the court will find the person guilty of the DUI charge.

Changes in the deferred prosecution law limit deferred prosecution on a traffic offense to once in a person's lifetime, rather than once every five years, and lengthen the time that a person is required to comply with the court's conditions from two years to five. The new laws also stipulate that a deferred prosecution stays on a person's permanent record.

Deferred Prosecution: If your DUI was a result of an addiction to alcohol or other drugs you may qualify for a deferred prosecution which puts the charges "on hold." You will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. Installation of an ignition interlock device on all vehicles that you drive is also a typical requirement. If you comply with all of the court's requirements over a five-year period, the DUI will be dismissed, however the deferred prosecution stays on your permanent record. If you fail to comply with the court's requirements, the court will hold a brief trial using only the police report, and a conviction will be entered. Beginning January 1, 1999, only one deferred prosecution on a traffic offense is allowed in a person's lifetime.

An ignition interlock device attaches a breath-alcohol analyzer to a vehicle's ignition system. All DUI offenders (except first-time offenders with a BAC below .15) are required to have an ignition interlock device on the cars they drive-even those who receive a deferred prosecution. When the ignition interlock device is installed on a vehicle, the driver is required to blow into the device which reads the person's BAC level (as shown in the picture on the right). If alcohol is detected, then the engine will not start. After starting the car, the driver is required to take the breath test every ten minutes while operating the vehicle. The device also keeps a record of every breath test result and generates a report that is sent to the courts.

The amount of time a DUI offender is required to have ignition interlock on his or her car varies according to previous offenses and restrictions. The first-time offender with a BAC above .15 will be required to have ignition interlock for one year. A second-time offender, who was previously restricted for one-year will be required to have ignition interlock for five years. A third-time offender who was previously restricted for five years will be required to have ignition interlock for no less than ten years.

The offender will be required to pay the cost of the ignition interlock rental which is about $2 a day. A court may waive the requirement for ignition interlock if the device is not reasonably available in the local area.

If the results of your BAC test are over .02 and you are a minor, or over .08 and you are an adult, your driver's license will be suspended. Effective January 1, 1999 the Department of Licensing will suspend your driver's license even on your first DUI incident regardless of the outcome of any criminal charges filed. These administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the Court following a criminal conviction. Suspensions range from 90 days for a first incident to three years for certain repeat offenders. In order to contest the suspension of your license you must request a hearing within 30 days of your arrest.

The DUI sentencing grid tells you what penalties may be imposed. The two factors the court will consider is (a) your prior criminal record and (b) the breath test result (or refusal, if there is no test). See http://www.courts.wa.gov/reports/duigrid/dui1999.cfm for a detailed chart.

Violation of the minor in possession of alcohol or drugs law has been increased to a gross misdemeanor. This means that anyone under age 21 who obtains, possesses, or consumes alcohol will now be charged with a gross misdemeanor and face a maximum of 365 days in jail and a $5,000 fine. An existing law already revokes the driver's license of anyone under age 21 who drinks and drives.

The Department of Licensing will suspend your license if you are under 21 years old and were driving with an alcohol concentration of .02 or more. It is also a crime to drive a car while under age 21 if you have an alcohol concentration of .02 or more. A youthful offender must be prosecuted for adult DUI if the test result is .08 or higher, or if the prosecutor can prove the driver was impaired at the time of driving.

If you are under age 21, it is unlawful to be in possession of alcohol. Possession is defined as having alcohol anywhere around you. You do not have to have had any alcohol to drink to be charged. You can be charged if there is alcohol in the car with you or if there is alcohol at a party you attend. The offense carries a maximum of 365 days in jail. If you are under age 18, the Department of Licensing will revoke your license for one year, or until age 17, whichever is longer.

If you operate a motor vehicle in this state, then you have already given consent to have your breath or blood tested if an officer has reasonable cause to believe that you have been driving under the influence of alcohol or drugs. This is Washington's Implied Consent law. Therefore, if you refuse to take the test, your license will be revoked. The period of revocation ranges from one year for a first-time offender to up to four years for certain repeat offenders.

Arraignment: At the arraignment you will be advised of your rights and the charges against you. You are to enter a plea and you can obtain an alcohol and drug evaluation. You may wish to consult an attorney. If you cannot afford an attorney and you meet the court's low income guidelines the court will provide one for you. This is the time to tell the judge or an attorney if you think you may qualify for a deferred prosecution. Trial: If you plead not guilty to the DUI charge there will be a trial. If you plead guilty, a judge will sentence you without a trial.

For specific laws that people often request from the State Patrol, check the Revised Code of Washington (RCW). If you do not find what you need, Access Washington maintains a Web page with links to laws, codes and a search feature. You may wish to explore the information they provide.

State law requires that once arrested and cited for DUI you must appear in court within 24 hours. This requirement forces courts to be open on weekends. To avoid this cost, many police agencies will not give you a citation for DUI, or for any other violation they may have observed, when they release you. Instead, you will be given a copy of your breath test results, a hearing request form from the Department of Licensing, and be told that you will receive notice in the mail as to when you must appear in court. The police officer's report will then be forwarded to the prosecuting attorney, who will review it and prepare a charging document called a complaint, which tells you the nature of the crime/s with which you are being charged, and any related traffic infractions you must defend. If you are released by the police with no court date, the prosecutor has two years from the date of your arrest to commence prosecution. This is known as the statute of limitations. Typically, however, charges are filed with the appropriate court within a few weeks, sometimes longer. Once the complaint is filed, the court will notify you to appear in court for arraignment at the address you provided to the arresting officer.

Yes. A driver's permanent record of his or her DUI convictions will be kept by district courts. The Department of Licensing will keep DUI convictions on record now for 15 years, rather than 10 years, meaning the offender's insurance rates will be adversely affected for an additional five years.