Get a DUI Lawyer in Spokane for Your DUI Case Consultation
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Driving Under the Influence (DUI/DWI)
There are many different ways that someone can be accused of DUI in Washington State. A DUI occurs anytime someone operates a motor vehicle while under the influence of alcohol or drugs, while he or she has a blood alcohol concentration (BAC) of 0.08 or higher or a THC (marijuana) concentration of 5.00 ng/ml or higher. This means a DUI charge could be applied even if the defendant is under the legal limit if the State can prove that the person’s ability to drive was “affected to an appreciable degree.” This most commonly occurs when someone is in an accident after consuming alcohol but still records a breath test under the legal limit. If you’re in this situation, make sure you find the best DUI defense attorney.
Conviction of a DUI Can Happen When:
- your “ability to drive a motor vehicle is lessened in any appreciable degree” by drugs or alcohol (for example: the police observed you weaving, drifting, or swerving out of your lane),
- you have a blood alcohol concentration (BAC) of .08% or greater;
- you have a concentration of five nanograms or more of THC per milliliter of blood.
DUI Criminal Penalties
Even for a first offense, you could spend up to one year in jail and be required to pay up to $5,000 in fines. In addition, your license can be suspended from 90 days to up to two years, and you could be subject to a probationary license and monitoring for up to five years. The court may also order you to undergo alcohol evaluation and treatment for up to two years, and order an Ignition Interlock Device to be installed on your vehicle for up to five years.
All of the above consequences apply to someone convicted of a first offense. The penalties increase significantly for second and third offenses. Also, even on a first offense, if you are arrested with a BAC higher than .15%, or if you refuse to take a breathalyzer, you will be subject to enhanced penalties, as well. If your subsequent offense is more than seven years since your previous offense, it is not counted as a multiple offense.
Navigating a DUI accusation can be both confusing and frustrating as the State may impose both civil and criminal restrictions on your driving privileges. You need a professional with a proven track record to help you make it through the process.
DUI Administrative Penalties
In addition to facing criminal charges, most people will incur an administrative suspension or revocation of their driver’s license as a result of the DUI. Someone accused of a first offense DUI within seven years where they provided a breath sample over a 0.08 (or over 0.02 if under the age of 21) will be facing a mandatory 90 day license suspension. A first refusal can lead to a one year license revocation. Finally, a second or subsequent administrative action for a DUI can result in a license revocation for two years.
Typically after getting a DUI, the defendant’s license will automatically be suspended or revoked 60 days after the arrest. However, there is an opportunity for your DUI defense attorney to challenge the license suspension by requesting an administrative hearing with the Department of Licensing within 7 days of the arrest.
What is the Process of a DUI in Washington State?
Some defendants will be cited and released after taking the breath test. Others will be booked into jail, especially if a prior DUI has been charged within ten years. More than likely, the defendant’s vehicle will be towed and impounded.
Usually occurs first business day following arrest.
Judge will determine probable cause for the charge, determine conditions of release (bond, Ignition Interlock Device, alcohol or drug testing, etc.) and set a new Court date.
Plea is entered.
Prosecution, defense and defendant meet with judge to determine if case is ready for trial or resolution; if trial date is not set or resolution reached, a continuance may be granted to allow for further preparations.
Most DUIs are settled with a plea deal at the pre-trial hearing.
Trial date is scheduled or negotiated resolutions put in action (plea deal, incarceration, fines, community service, probation). Negotiated resolutions may vary based on the severity of the charge and facts of the case.
Penalties for DUI / DWI Convictions
Washington State has some of the toughest drunk driving laws in the country and local prosecutors have declared a war on drunk drivers. Consequently, it is important to find DUI defense attorney to be your advocate. A DUI is usually considered a gross misdemeanor, which means that the maximum sentence one could receive is 364 days in jail and a $5,000 fine. However, if the defendant has history of a prior Vehicular Homicide or Vehicular Assault based upon a DUI or if this is the defendant’s fifth DUI in 10 years, they will be facing a class B Felony which can result in up to 10 years in prison and a $20,000 fine.
Even a conviction for the most trivial DUI may include mandatory incarceration, fines, license suspension, Ignition Interlock Device (IID), alcohol and drug treatment, and probation. Factors in determining the mandatory minimum sentence include how many “prior offenses” the defendant has within seven years, whether the breath test was accepted or refused, and the breath test was taken above or below a 0.15.
First Offense
It’s considered a first offense if there are no prior DUI convictions within the past seven years. Depending on the severity of the offense, it could result in driver’s license suspension for 90 days, up to 364 days in jail, and/or a fine of $990.50.
Second Offense
It’s considered a second offense if there is a prior DUI conviction within the past seven years. A second offense has the potential of resulting in driver’s license suspension for two years, up to 364 days in jail, and/or a fine of $1,245.50.
Third Offense
It’s considered a third offense if there are two prior DUI convictions within the past seven years. A third offense has the potential of resulting in driver’s license suspension for three years, up to 364 days in jail, and/or a fine of $2,095.50.
Possible Outcomes When Charged with a DUI in Spokane
Every DUI case is different and outcomes vary based upon the specifics of the case. The best possible outcome is a dismissal or a not guilty verdict at trial. Generally, the next best outcome is a reduction to a civil infraction such as negligent driving in the second degree. Other possible pleas and outcomes may include:
This is a simple misdemeanor having a maximum sentence of 90 days jail, $1,000 fine and up to 24 months probation but no licensing consequences for a first offense.
This is classified as a gross misdemeanor having a maximum sentence of 364 days jail, $5,000 fine and up to 24 months probation. A reckless driving charge carries a 30 day license suspension.
Reckless endangerment is a gross misdemeanor with a maximum sentence of 364 days jail, $5,000 fine and up to 24 months probation, however there are no licensing consequences.
A once in a lifetime opportunity to avoid a conviction for DUI and the jail and fines accompanying a conviction. It is based upon stipulation of suffering from an alcohol or drug dependency, agreeing to a two year treatment program, five total years of probation and carrying an Ignition Interlock Device for a period of at least one year, depending upon prior history.
What You Need to Know to Succeed in Your DUI Case
The following is a general roadmap to success navigating through a DUI charge. The list is non-exhaustive and hiring the right DUI defense attorney can ease the stress involved with this situation.
Take a deep breath.
Realize you will get through this, but you can’t bury your head in the sand. A DUI is a problem that will not just go away on its own. You and your DUI defense attorney have to take action.
Get your vehicle out of impound as soon as possible.
Impound fees increase the longer the tow company has to hold your vehicle.
Remember your deadlines:
Day 0: Arrest
Day 1-3 (next business day): First appearance and arraignment
Day 7: Deadline for requesting a Department of Licensing (DOL) hearing
Day 25-45: Pre-trial hearing as scheduled at the first appearance
Day 60: License suspension if DOL hearing is not requested
Make an appointment with a DUI attorney right away.
You will want to meet with your DUI defense attorney before your first appearance if possible. If you hire Note & Kidd, we will guide you successfully through the process, as we have done for hundreds of other clients.
Defending a DUI Charge
Very few cases are as complex and difficult to defend as a DUI. The law is ever changing, the penalties vast and the evidence both complicated and scientific. If you are charged with a DUI you need a DUI defense attorney with the knowledge and the experience to ensure you get the best possible outcome. At Note & Kidd, we’ve successfully defended more than 1,000 DUI cases. Let our proven track record work for you—call us today at (509) 328-8800.
