Experienced DUI Lawyers in Spokane, WA
Facing a DUI Charge?
It was supposed to be a normal day. But one decision behind the wheel can quickly lead to serious consequences. Have you been charged with a DUI involving:
Alcohol
Marijuana
Prescription medication
Other drugs or controlled substances
If so, your criminal case and driving privileges may require immediate attention. With more than 40 years of combined legal experience, Note & Kidd is in your corner. Our Spokane DUI attorneys can examine the evidence against you and challenge weaknesses in the prosecution’s case. Together, let’s reduce penalties or secure dismissal when the facts support it.
In Washington, you generally have seven days from the date of arrest to request a Department of Licensing hearing to contest an administrative license suspension. If you miss that deadline, you may waive your right to challenge the suspension through that hearing process.
Arrested for DUI in Spokane? Take These Steps Now
If you have been arrested on DUI charges in Spokane, take these steps as soon as possible:
Review Your Arrest and Release Paperwork - Check all documents carefully for court dates, release conditions, and other instructions related to your DUI case.
Follow All Release Conditions - Comply with every court-ordered condition and appear at all scheduled hearings.
Preserve Potential Evidence - Keep receipts, photographs, videos, messages, and contact information for potential witnesses that may be relevant to your case.
Avoid Public Statements About Your Arrest - Posts, comments, or other public statements could potentially become part of the evidence considered in your case.
Address the Washington DOL Deadline - Request a hearing within the applicable seven-day period if you intend to contest the administrative suspension of your driver's license.
Contact a DUI Attorney Promptly - An experienced Spokane DUI attorney can review the circumstances of your arrest, examine breath tests or other evidence, explain your rights, and begin developing a defense strategy.
Why Spokane Clients Choose Note & Kidd for DUI Defense
DUI lawyers Timothy S. Note, J. Brendan Kidd, and Jake Smith bring extensive criminal defense experience to Washington DUI cases. Their familiarity with Spokane-area courts, local procedures, and DUI law allows them to address both the criminal charges and the potential consequences for your driver’s license. Here’s what clients can expect from Note & Kidd:
A Collaborative Approach to Your DUI Case - Every case begins with understanding what happened, what matters most to you, and what outcome you hope to achieve. We explain the DUI charges you face and build a defense strategy around the facts of your case.
Clear Guidance at Every Step - We don’t simply tell you what to do. We explain your rights, Washington DUI laws, possible penalties, and available options so you can make informed decisions about your defense.
A Thorough Investigation Process - Drawing on more than 40 years of combined legal experience, we review the circumstances of your arrest, police reports, officer observations, breath test or other test results, and additional evidence that may affect your case.
Negotiation and Trial Preparation - We evaluate opportunities to challenge the evidence and negotiate with prosecutors when appropriate. If your DUI case proceeds toward trial, we prepare you for what to expect in court while building a defense focused on achieving the best available outcome.
Timothy S. Note, J. Brendan Kidd and Jake Smith provide direct, strategic representation focused on protecting your rights and building a defense around the facts of your case.
Meet Your DUI Lawyers in Spokane
Timothy S. Note
Partner
J. Brendan Kidd
Partner
Jake Smith
Associate
A Washington DUI Arrest Creates Two Separate Proceedings
A DUI arrest creates two separate deadlines and two separate risks.
One is the criminal DUI charge handled through the court system.
The other is an administrative action by the Washington Department of Licensing that involves the client’s ability to drive.
A result in one proceeding does not automatically determine the result of the other.
Remember:
The DOL action is separate from the criminal DUI case. A dismissal or reduction of the criminal charge does not automatically resolve the administrative license action.
Likewise, winning your DOL hearing does not eliminate every possible driver’s license consequence. If you are later convicted of DUI in court, a separate license suspension may still result from that conviction.
At Note & Kidd, we offer more than just effective DUI representation for criminal charges. We also address your driving privileges, deadlines, evidence, and court defense as separate but related concerns.
The criminal proceeding determines whether you’ll be convicted of DUI and what criminal penalties you will face.
The Criminal DUI Case
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Depending on where the arrest occurred and where the DUI case is filed, a Spokane-area case may proceed through municipal or district court. The process can include arraignment, pretrial conferences, motions, negotiations with prosecutors, and trial.
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Penalties for a Washington DUI conviction depend on factors such as prior offenses, alcohol concentration, whether a breath or blood test was refused, and other circumstances surrounding the case. Depending on the charge and your record, consequences may include:
Jail
Fines and court costs
Electronic home monitoring
Probation conditions
Ignition interlock requirements
Driver’s license suspension or other license consequences
The Department of Licensing Action
The Washington Department of Licensing (DOL) proceeding is separate from your criminal DUI case. It focuses on whether your driver’s license should be suspended or revoked following the arrest, not whether you are guilty of the criminal DUI charge.
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After the Arrest or Notice: You generally have seven days after receiving notice to request a formal DOL hearing. If the request is mailed, it must be postmarked within that seven-day period.
At the Hearing: The DOL law judge reviews issues related to the arrest, including whether the officer had reasonable grounds to stop and arrest you, whether the officer followed testing requirements, and whether you refused or submitted to a breath or blood test. You may be represented by an attorney, present evidence, and question witnesses.
If You Do Not Request a Hearing: You waive your opportunity to contest the administrative action through that hearing process. The suspension or revocation can then proceed.
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An arrest-based Washington DUI suspension can range from 90 days to a lifetime revocation (in the event of a Commercial Driver's License Holder), depending on factors such as prior offenses and the circumstances of the incident.
What Happens After a DUI Arrest in Spokane?
A DUI arrest can move quickly, and several parts of the process may begin at the same time. Depending on where the DUI charge is filed and whether the offense is charged as a misdemeanor or felony, the case may proceed through a local court with jurisdiction over the charge.
Spokane Municipal and District Courts handle DUI arraignments within their jurisdiction, while qualifying felony DUI charges go through the Superior Court.
Traffic Stop or Law-Enforcement Contact - The process typically begins when an officer stops your vehicle or otherwise contacts you based on suspected impaired driving.
Field Sobriety Testing and Officer Observations - The officer may document your driving behavior, appearance, speech, coordination, statements, and performance on field sobriety tests as part of the DUI investigation.
Breath or Blood Testing - Depending on the circumstances, you may be asked to provide a breath or blood sample. Test results can become important evidence in both the criminal DUI case and the Department of Licensing process.
Arrest, Booking, Release, or Jail - After a DUI arrest, you may be booked into jail, released subject to conditions, or required to appear before a judge. In Spokane Municipal Court, a first appearance may include review of probable cause, bail or release conditions, and your right to an attorney.
Request a DOL Hearing - Separate from the criminal charges, the Washington Department of Licensing may begin an administrative action against your driver’s license. You generally have seven days from the arrest or notice to request a formal hearing to challenge that action.
First Appearance or Arraignment - At arraignment, the court advises you of the DUI charge and your rights and asks you to enter a plea. The judge may also impose conditions that remain in effect while the case is pending. Spokane Municipal Court has specific arraignment procedures for DUI cases.
Evidence Collection and Discovery - Your DUI attorney can review police reports, officer observations, breath or blood test results, video, witness information, and other evidence relevant to your defense. Discovery also gives both sides an opportunity to evaluate the strength of the case.
Pretrial Motions and Negotiations - Before trial, your attorney may file motions to challenge evidence, seek suppression of certain evidence, or address other legal issues. Pretrial conferences may also include discussions with prosecutors about a negotiated resolution. Spokane Municipal Court specifically identifies pretrial conferences and motion hearings as part of its criminal process.
Trial or Negotiated Resolution - Some DUI charges are resolved through negotiations, while others proceed to trial. At trial, the prosecution must prove each element of the criminal charge, while the defense can challenge the evidence and present its theory of the case.
Sentencing, Monitoring, or License Restoration When Applicable - If there is a DUI conviction or negotiated disposition, the case may move to sentencing and court-ordered requirements. Separate DOL consequences may also affect your driver’s license, and restoration requirements depend on the specific suspension or revocation involved. Washington DOL confirms that arrest-based and conviction-based license actions can operate separately.
Under RCW 46.61.502, a person can face a Washington DUI charge for driving under the influence of alcohol, cannabis, another drug, or a combination of substances. Washington law generally uses the term DUI, although people may also use DWI informally when referring to impaired driving.
A DUI charge may be based on any of the following:
Alcohol concentration of 0.08 or higher - Washington law establishes a 0.08 alcohol concentration threshold when measured within two hours after driving.
THC concentration of 5.00 ng/mL or higher - A THC concentration of 5.00 or higher within two hours after driving can also satisfy the statutory DUI standard.
Driving while affected by alcohol, cannabis, or another drug - A DUI charge does not depend solely on exceeding a numerical threshold. Washington law also covers driving while under the influence of or affected by alcohol, cannabis, or another drug.
Combined alcohol and drug impairment - Washington law also covers driving while under the combined influence of alcohol, cannabis, and other drugs.
Results below the per se threshold - A breath or blood test below 0.08 for alcohol, or below 5.00 ng/mL for THC, does not necessarily rule out a DUI charge. Under Washington law, lower test results may still be considered as evidence of impairment together with other facts in the case.
Actual physical control of a vehicle - A separate Washington statute, RCW 46.61.504, makes it an offense to be in actual physical control of a vehicle while under the influence, even when the issue is not simply whether the person was observed driving.
Different standards for drivers under 21 - Under RCW 46.61.503, a driver under 21 may face a separate offense with an alcohol concentration of at least 0.02 or a THC concentration above 0.00, subject to the statute's requirements.
Separate rules for commercial drivers: Under RCW 46.25.110, a person may not drive or be in physical control of a commercial motor vehicle while having alcohol or THC in their system. Additionally, under RCW 46.25.120(5), an alcohol concentration of 0.04 or more, or any measurable amount of THC, can trigger commercial-driver disqualification procedures.
What Qualifies as DUI Under Washington Law?
Drug-Related DUI Defense in Spokane
A Washington DUI charge does not have to involve alcohol. Under RCW 46.61.502, a person may be charged with DUI for driving while under the influence of or affected by cannabis, another drug, or a combination of alcohol and drugs. The statute applies broadly to “any drug,” which means a drug-related DUI case can involve legal medications as well as controlled or illegal substances.
As your Spokane DUI attorneys, Note & Kidd can review the evidence behind allegations involving:
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Washington law establishes a per se THC threshold of 5.00 ng/mL within two hours after driving, but a THC result below that level does not necessarily rule out a DUI charge. Lower THC levels may still be considered together with other evidence of impairment.
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A DUI charge can involve prescription drugs if the prosecution alleges that the medication affected your ability to drive. Under RCW 46.61.502(2), being legally entitled to use a medication is not, by itself, a defense to a DUI charge.
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Because Washington DUI law applies to “any drug,” allegations can also involve over-the-counter medications when the prosecution claims they affected the driver. The key issue is not simply whether the medication was legal, but whether the evidence shows that it affected your driving.
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Drug-related DUI charges may also involve controlled or illegal substances. Unlike alcohol and THC, many other drugs do not have a single numerical DUI threshold under RCW 46.61.502, so the case may depend more heavily on officer observations, toxicology results, and other evidence of impairment.
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Washington law specifically prohibits driving while under the combined influence of alcohol, cannabis, and other drugs. A DUI case therefore does not have to be based on one substance alone.
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Washington State Patrol coordinates the state’s Drug Recognition Expert (DRE) program. DREs are law-enforcement officers trained to recognize impairment involving drugs other than, or in addition to, alcohol. Their observations and evaluation may become part of the evidence in a drug-related DUI case.
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Drug DUI investigations may involve blood analysis. Washington law requires qualifying blood or breath testing to be performed using approved methods or by an appropriately certified or accredited laboratory. The Washington State Patrol Toxicology Laboratory also performs drug and alcohol testing for DUI investigations throughout Washington.
Washington DUI Penalties and Mandatory Sentencing Guidelines
Washington imposes strict statutory mandatory minimums under RCW 46.61.5055. Sentences escalate dramatically based on prior offenses within seven years and whether your Blood Alcohol Concentration (BAC) was below 0.15% or at/above 0.15% (or refused).
| Tier 1: First DUI Offense (No Priors Within 7 Years) | ||
|---|---|---|
| Penalty Category | Standard (BAC Under 0.15% or Drug/THC DUI) | Aggravated (BAC ≥ 0.15% or Breath/Blood Test Refusal) |
| Jail | 24 consecutive hours up to 364 days (court may substitute 15 days of Electronic Home Monitoring) | 48 consecutive hours up to 364 days (court may substitute 30 days of Electronic Home Monitoring) |
| Mandatory Fines/Assessments | $990.50 to $5,000 | $1,245.50 to $5,000 |
| Driver’s License | 90-day suspension | 1-year revocation (BAC ≥ 0.15%) or 2-year revocation (Test Refusal) |
| Ignition Interlock Device (IID) | Mandatory 1 year post-reinstatement | Mandatory 1 year post-reinstatement |
| Conditions | Substance use evaluation and Victim Impact Panel | Substance use evaluation, required treatment compliance, and Victim Impact Panel |
| Tier 2: Second DUI Offense (One Prior Within 7 Years) | ||
|---|---|---|
| Penalty Category | Standard (BAC Under 0.15%) | Aggravated (BAC ≥ 0.15% or Breath/Blood Test Refusal) |
| Jail | 30 consecutive days in jail + 60 days of mandatory Electronic Home Monitoring (EHM) | 45 consecutive days in jail + 90 days of mandatory Electronic Home Monitoring (EHM) |
| Mandatory Fines/Assessments | $1,245.50 to $5,000 | $1,670.50 to $5,000 |
| Driver’s License | 2-year revocation | 900-day revocation (BAC ≥ 0.15%) or 3-year revocation (Test Refusal) |
| Ignition Interlock Device (IID) | Mandatory 5 years (if prior restriction applied) | Mandatory 5 years (if prior restriction applied) |
| Conditions | Intensive chemical dependency treatment and 24/7 sobriety monitoring where available | Chemical dependency treatment and 24/7 sobriety monitoring where available |
| Tier 3: Third DUI Offense (Two Priors Within 7 Years) | ||
|---|---|---|
| Penalty Category | Standard (BAC Under 0.15%) | Aggravated (BAC ≥ 0.15% or Breath/Blood Test Refusal) |
| Jail | 90 consecutive days in jail + 120 days of mandatory EHM + 6 months of 24/7 sobriety program monitoring | 120 consecutive days in jail + 150 days of mandatory EHM + 6 months of 24/7 sobriety program monitoring |
| Mandatory Fines/Assessments | $2,095.50 to $5,000 | $2,945.50 to $5,000 |
| Driver’s License | 3-year revocation | 4-year revocation |
| Ignition Interlock Device (IID) | Mandatory 10 years | Mandatory 10 years |
A DUI arrest in Washington can lead to two separate proceedings: a criminal case and a Department of Licensing action that can affect your driver’s license.
You have the right to defend yourself in both. Note & Kidd helps you understand what comes next, review the allegations and evidence, and build a strategy focused on the best possible outcome for your case.
Call 509-328-8800 or contact us today to schedule a consultation with a Spokane DUI lawyer.
Let’s Talk About Your DUI Defense Strategy
DUI Frequently Asked Questions
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In Washington, DUI (Driving Under the Influence) is the term used under state law for impaired-driving charges. DWI (Driving While Intoxicated or Impaired) is often used interchangeably in everyday conversation, but Washington does not treat DWI as a separate charge or lesser DUI offense.
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Yes. Washington DOL retains DUI convictions on a driver’s record permanently, meaning the offense does not disappear after a set number of years.
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Yes. A DUI charge can be dismissed in Washington, but dismissal depends on the facts and legal issues in the case. A defense attorney may look for problems with the stop, arrest, testing procedures, or other evidence that could support dismissal or another favorable resolution.
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The timeline depends on the case's complexity. A DUI case may involve arraignment, pretrial hearings, negotiations, and, if no agreement is reached, trial. Many cases take several months to resolve.
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A DUI attorney can review the evidence against you, challenge weaknesses in the prosecution’s case, help you respond to a license suspension, and represent you throughout the court process. Note & Kidd provides clear, strategic guidance from the DOL hearing to negotiations or trial.
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