What constitutes driving under the influence?

In Washington, driving a motor vehicle after consuming alcohol may subject you to a charge of Driving Under the Influence if:

1. 1. It is within two hours after driving, one’s blood alcohol concentration is at or above the legal limit of .08%;
   2. One is, at the time, under the influence of any affecting liquor or drug;
   3. One is affected by a combination of any liquor or drug.

The court can find you guilty of Driving Under the Influence by 1. Driving within two hours of having a BAC of .08%; 2. Driving a motor vehicle when one is, at the time, under the influence of alcohol and/or drugs.

​
What is the potential penalty for DUI in Washington State?
A first time offender whose blood alcohol concentration tested at least 0.08 or who refused a BAC (Blood Alcohol Content) test faces up to all of the following:

• One day to one year in jail
• Fines and fees of up to $8,000
• DUI, alcohol and/or drug treatment
• 90 days to two years of driver’s license suspension and the ignition interlock device
• Steep insurance rate increases

​
Can a DUI be defended?
Every DUI case can be defended. Sometimes BAC breath tests are unreliable. Scientists have shown that “breathalyzers” can be thrown off by circumstances from what you’ve eaten to how law enforcement administers the test. If you’re charged with a DUI, don’t plead guilty before you speak to an attorney about your important legal options.

Administrative License Suspensions

Why is my license being suspended even though I haven’t been convicted?
If you were arrested and charged with DUI, chances are that the arresting officer punched a hole in your driver’s license and gave you a slip of paper that said that you could continue driving for 60 days, but that after those 60 days your driver’s license would be suspended or revoked.

The law allows the Department of Licensing to suspend your driver’s license if you refused to take a breath or blood test or if you took a breath or blood test and the results were above a 0.08 BAC. This is often referred to as the “administrative” suspension of your driver’s license because it is carried out by an administrative agency (DOL) instead of the courts.

You have a right to a hearing to challenge the administrative suspension of your driver’s license but you have to request a hearing. They do not give you a hearing automatically. You can request a hearing by mailing in a hearing request form or online via the Department of Licensing website.

If I am hired to represent you on the DUI I will represent you at the administrative DOL hearing at no extra charge.

How Long Do I Have to Request a Hearing?
The general rule is that you only have 20 days to request a hearing, starting from the date you receive the notice of your right to request a hearing. IN the vast majority of cases, you will receive this notice at the time of your arrest, meaning that you must request a hearing within 20 days of the date of your arrest.

It is very important that you do not miss this deadline. If you miss the deadline you will not be able to challenge the administrative suspension of your driver’s license.

Traffic Tickets

What are possible outcomes of attorney representation regarding traffic tickets?

Dismissing a Traffic Ticket
The prosecuting authority is required to perform certain tasks to meet legal requirements to enforce a traffic ticket. Some of those requirements exist before a ticket is properly issued and some are requested prior to the Court hearing. An attorney making proper requests after a ticket is issued and advising the Court of the police or prosecuting authorities’ failure to properly perform often results in dismissals.
​
Deferring A Traffic Ticket
A deferral is an agreement that requires you to go a period of time (usually 12 months) without any traffic infractions and pay an administrative fee (usually $50.00). If you fulfill those requirements the case is dismissed. You may only have one infraction deferred every 7 years. You are not eligible to have your ticket deferred if you have a CDL.

Amending A Traffic Ticket
It is often possible to amend a moving violation to a non-moving violation that does not get reported to your insurance company. For many people the biggest consequence of getting a ticket is the fact that their insurance rates will rise. Amending your ticket to a non-moving violation solves this problem, though you will usually still have to pay a fine.

You are not entitled to have your ticket amended – it is up to the discretion of the prosecutor. Some prosecutors will not agree to amend your ticket if you have a bad driving record, if there was a collision involved or if it was a ticket for speeding in a school or playground zone.