Penalties for a First Offense DUI in Washington State

In Washington State, you may be charged with a gross misdemeanor if you are driving under the influence (DUI). The charge can result in jail time, a fine, or both. Rather than risk these penalties, hire a Washington DUI defense lawyer to help you contest any charges you face. 

At Puget Law Group (PLG), we care about our clients. With over 150 years of combined legal experience, our team fights for our clients and helps them achieve the best possible DUI case results. For more information, reach out to us.

Driving Under the Influence in Washington State

According to the Washington State Department of Licensing, driving under the influence refers to operating a vehicle while being affected by alcohol, drugs, or both. You may be charged with a DUI if you are driving a car after you used legal or illegal drugs. For example, a police officer may arrest you for a DUI if you are driving a car after you took prescription medication.

Per the Revised Code of Washington (RCW) §46.61.502, a person can be charged with driving under the influence if they have a blood alcohol concentration (BAC) of 0.08 or higher. A breath or blood test may be used to evaluate an individual’s BAC. When and how the test is completed can raise concerns about the validity of its result.

You may be arrested on suspicion of driving while intoxicated. For instance, Seattle has a DUI squad that looks for impaired drivers. If a squad member believes you are intoxicated, they may arrest you, and you may be penalized accordingly.

DUI Civil and Criminal Penalties

As a gross misdemeanor, there are restrictions on the punishments relating to a first DUI. You may receive jail time of up to 364 days or a fine of up to $5,000. A court may also levy both penalties against you.

Along with these penalties, you may be placed on probation, have your driver’s license suspended, and face other consequences due to a DUI. If you have a BAC of 0.15 or higher or refuse a blood test, you may face enhanced penalties. A DUI conviction may impact your reputation moving forward, too. 

Do not expect a DUI charge to go away on its own. At PLG, we can answer frequently asked questions and many others about driving under the influence charges. For more information, get in touch with us.

Underage DUI Penalties

Based on RCW §46.61.503, anyone under the age of 21 may be charged with a DUI if they have a BAC of 0.02 or higher. This applies if someone under 21 is driving a car while being affected by drugs or alcohol. THC testing may also be used to determine if an underage individual was operating a vehicle under the influence of THC.

Recreational marijuana use is legal in Washington State. Regardless, it is against the law to drive under the influence of cannabis. For someone under the age of 21, they cannot have a THC concentration above 0.00 whenever they operate a vehicle.

A minor convicted of a DUI can face up to 90 days in jail and a fine of up to $1,000. They may also have their driver’s license suspended for up to 90 days. This suspension can be appealed with a hearing through the Washington State Department of Licensing within 20 days of an arrest.

Drug DUI Penalties

The penalties associated with a drug DUI are generally the same as those associated with an alcohol driving under the influence charge. For drivers 21 and older, they cannot have a THC concentration of 5.00 or higher when they operate a vehicle. A police officer may also arrest a motorist for a DUI if they believe this individual is driving while under the influence of prescription or illegal drugs.

If a police officer suspects you are operating a vehicle while on drugs, they may perform a test. This may involve the use of a small stick that the officer rubs on your tongue to collect oral fluids. Within minutes of the test, the officer can see if you have any drugs in your system.

Just because a police officer conducts a drug test that delivers positive results does not mean the assessment is 100% accurate. By hiring a DUI attorney who has helped their clients achieve outstanding case results, you may be able to contest a drug test. If your lawyer succeeds, they may be able to get the driving under the influence charge against you lowered or dismissed.

Physical Control DUI Penalties 

You may be charged with a physical control DUI if you were not actually driving your car at the time you were arrested. As an example, you may be intoxicated but have pulled your car over to the side of the road. A police officer may see your vehicle, have concerns that you are intoxicated, arrest you, and charge you with a physical control DUI.

The penalties for a physical control driving under the influence charge are the same as those associated with other types of DUIs. Even though you may not have been operating your vehicle at the time you were arrested, you may be punished the same way. You cannot necessarily stop a police officer from arresting you for this type of DUI, but you can dispute the charge.

One of the best things you can do to contest a DUI charge is to partner with a legal team that puts your best interests front and center. This team can learn about the charge against you. They can help you build an argument to help you avoid a first DUI penalty that may affect you long into the future.

Hire a Washington State DUI Lawyer

The team at PLG understands the challenges that come with contesting a driving under the influence charge in Washington State. We can walk you through the legal process and help you craft a compelling argument. To schedule a free consultation, contact us today.