Spokane DUI Lawyer

What happens after a DUI arrest in Spokane?

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. Every DUI case is different and outcomes vary based upon the specifics of the case.

Washington DUI Laws

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.

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 a 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 a 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.

DUI Penalties in Washington

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.

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.

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First vs Second DUI in Washington

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.

Breath Tests and DUI Evidence

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.

Spokane DUI Process

It’s important to understand DUI laws. If you have been charged with a DUI, the Department of Licensing (DOL) will administratively suspend your license if you refused the breath test, if you submitted to a breath or blood test and the results were 0.08 or above (0.02 or above for those under 21 years of age), or if you had a THC concentration of 5.00 ng/ml (or any amount if under 21 years of age). In general, the administrative suspension will begin 30 days from the date of arrest unless you request an administrative hearing within seven days of arrest.

  • Usually occurs on the first business day following arrest. The 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.

How a Spokane DUI Attorney Can Help

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.

Choosing the right legal team can be the deciding factor in your case outcome. We combine experience in law with practical case strategy crafted to meet each client's unique requirements. No matter the severity of your DUI  we proceed with integrity and diligence in every step of the process.

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.

Why Choose Note & Kidd
Possible Outcomes When Charged with a DUI in Spokane

Note & Kidd strives to demonstrate to the court and prosecution that our clients are motivated to succeed and unlikely to re-offend. As a result, we usually advise our clients to obtain an alcohol and drug evaluation before the case resolves in court.

Any state certified treatment provider can administer an alcohol and drug assessment. For a complete list of area providers, please contact our office. The agency performing the evaluation will base their findings on a number of factors, including a review of various documents, self disclosure, psychometric testing and urinalysis. The evaluation agency will usually request that you provide them with the following documents:

  • Both documents can be obtained at the Spokane County Courthouse Public Safety Building.

  • By law, the evaluation agency is required to make an attempt to obtain a copy of the police report, however, are not required to review prior to concluding their assessment. Therefore if you do not have a copy of the police report readily available, it may not be required to proceed.

  • The evaluation provider is interested in this document if you disclose that you have consumed alcohol or drugs since your first appearance or if your urinalysis (UA) comes back positive.  The reason for review is to determine if the defendant is continuing to drink or use drugs despite a court order, which could be indicative of a substance problem.

  • The evaluator is reviewing to determine the level of impairment indicated by the defendant or the police report.  A high breath test with limited signs of impairment could indicate tolerance, which could indicate a substance problem.

Many DUI clients of Note & Kidd avoid serving a jail sentence. If you have been fortunate enough to resolve your case in a manner that avoids having to serve a jail sentence, you may be required to complete a “book and release.” This is simply the process of being booked, which includes fingerprinting, photographs and documenting your information. Once this is complete, you are released.

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.

DUI FAQ

  • If you are concerned that your license may be suspended, you may check the status of your license on the Department of Licensing website. If your license is suspended, you will also find steps to take to reinstate your license.

  • In general, defendants may abstain from driving during the suspension period, however, you may be able to continue driving even though you are suspended by obtaining an Ignition Interlock License. Appealing the decision to revoke or suspend your license with the Superior Court also remains an option.

  • If you failed to request an administrative hearing or if the hearing occurred but did not end favorably, you may be eligible according to DUI laws to obtain an Ignition Interlock License (IIL) and continue to drive.

    Once the criteria has been met, the Department of Licensing will issue an Ignition Interlock License to you. The DOL does not immediately process applications, so to ensure that there are no gaps in your driving privilege, submit the application at least one week before your suspension begins. Be aware that the DOL will only keep your application for an IIL open for 30 days and will not issue you a license until all criteria have been met. Hence, if you submit the application but fail to install the Ignition Interlock Device or obtain an SR-22 in a timely manner, the DOL will cancel your application and will not refund your application fee.

    • Submit an Application for Restricted License and application fee to the Department of Licensing.

    • Obtain SR-22 liability insurance document. Any insurance company should be able to provide you a quote for this document. Contact any insurance company for a quote on SR-22. Go with the cheapest rates you can find – An SR-22 can be obtained from any insurance company. It is not a coverage option, so we recommend proceeding with the most cost effective option available.

    • Install Ignition Interlock Device. Contact our office for preferred providers.

  • If you have been convicted of a DUI or reduced charge, the judge may order your attendance at  a Victim Impact Panel (VIP). Under most circumstances, one cannot complete a VIP until sentencing has occurred. The court will usually only accept attendance at a live panel; requests to participate in online panels are usually rejected. In Spokane, the Victim Impact Panel is arranged by the Greater Spokane Substance Abuse Council (GSSAC).  If you have additional questions about the VIP or need a referral, contact the probation office. Or, call Note & Kidd with any questions about the next steps in your DUI process

  • According to DUI laws, under certain circumstance a defendant may be booked into jail and held until the case is resolved or a bond is posted. Bond can be posted in the full amount directly to the court. In the event the court is closed, the bond can be posted directly to the jail. If someone can’t or would rather not post the full amount, a bondsman may be able to assist in posting bail for a percentage of the entire amount. Contact our office for preferred bond providers.

  • If book and release is necessary, the judge will set a date at your sentencing hearing when the the process will need to be complete.  In Spokane, this may be accomplished by simply visiting the lobby of the Spokane County Jail to be booked and immediately released.  The jail is located one building north of the Public Safety Building (District Court and Municipal Court Clerk’s Office).

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