Will My License Be Suspended for a DUI?

The State of Washington considers driving under the influence a serious offense. Those arrested or convicted face serious penalties, including license suspension. License suspensions are not just an inconvenience. They can interfere with your professional and personal responsibilities.

A Seattle DUI lawyer can help if you have been arrested on DUI charges. The team at Puget Law has a success rate that is consistently twice the statewide rate for DUI cases. Our team comprises former prosecutors who know what it takes to build an effective defense. We will work to have your charges and penalties reduced or dismissed so you can move past this situation as smoothly as possible.

Driving Under the Influence (DUI) Laws in Washington

Washington State has extensive driving under the influence (DUI) laws. Drivers in Washington can face DUI charges through a breath or blood test. These tests measure the driver’s blood alcohol concentration (BAC).

Legal BAC limits vary according to the driver’s age and reason for driving. Breath and blood tests warrant DUI charges if results show a:

•  .08 BAC and the driver is 21 or older 
• .04 BAC if the driver is 21 or older and operating a commercial vehicle
• .02 BAC if the driver is under 21

It is illegal to drive under the influence of any substance, whether it is ingested or inhaled, illegal, or prescribed. Charges can follow if drivers’ behavior demonstrates intoxication or drug use even if breath tests register in the “legal” range– for example, poor performance on sobriety tests, bloodshot eyes, slurred speech, and reckless behavior can lead to DUI charges.

You can expect your Seattle DUI attorney to investigate the specifics of your arrest and expose any errors or rights violations as part of your defense.

License Suspension for DUI Violations

The Washington State Department of Licensing (DOL) explains two possible scenarios for DUI-related license suspensions. Certain rules apply for those arrested, and others for those convicted.  

For DUI Arrests

If you are arrested for DUI, your license will be suspended unless you request a hearing to contest the suspension within seven days of the arrest and the hearing examiner decides in your favor. If you do not request a hearing or the examiner decides against you, your license can be suspended anywhere from 90 days to two years, depending on the circumstances of your arrest and prior DUI history. The license suspension takes effect 30 days from your arrest date.

However, even if the hearing examiner decides for you, removing the potential suspension, if the court later convicts you of DUI, the situation changes. Your license will be suspended as per your conviction in court. The hearing examiner’s ruling only applies to the suspension incurred from your arrest.

For DUI Court Convictions

The DOL can suspend your license for a period ranging from 90 days to four years. Factors affecting the duration include the severity of your DUI incident and prior DUI history. The suspension period starts 45 days after the DOL receives notice of your conviction from the court.

You will get credit for suspension time served. If you already served an arrest-based license suspension, those days are credited to the suspension resulting from your conviction. Though you can ask the DOL to review the credibility of the court’s information, you cannot request a hearing to contest a conviction-generated suspension.

Factors Affecting the Length of a License Suspension

Washington State does not take DUI offenses lightly. If you are arrested and have a prior history or measured excessive BAC levels, you will face increasingly severe consequences. Representation from an experienced DUI lawyer in Seattle may be able to help get a DUI charge reduced in Washington State.

Penalties for a first offense DUI include:

• BAC below .15 brings a 90-day suspension
• BAC above .15 brings a one-year revocation
• Refusal of BAC tests brings a two-year revocation

For a Second Offense

• Bac below .15 incurs a two-year revocation
• BAC above .15 incurs a 900-day revocation
• Refusal of BAC tests incurs a three-year revocation

Penalties for a third offense DUI (or additional offenses) include:

• BAC below .15 brings a three-year revocation
• BAC above .15 brings a four-year revocation

Additional Penalties

License suspensions or revocations are not the only penalties following DUI convictions. You also face fines and fees costing hundreds to thousands of dollars, possible jail time, and attendance in substance abuse classes. Other aggravating factors can also affect your sentence, as shown on Washington’s Court DUI Sentencing Grid.

Getting a Restricted License

Without a license, it is difficult to get to work and appointments. However, you may be eligible for a restricted license, called an Ignition Interlock Driver’s License (IIL). This license allows you to drive during your suspension as long as you equip your vehicle with an Interlock Ignition Device (IID).

You are eligible if 

• You have an arrest or conviction of specific DUI charges
• You have an unexpired Washington driver’s license or a valid out-of-state license
• The suspension or revocation at hand is not for charges of a “Minor in Possession” or “Habitual Traffic Offender”

The costs for installing, leasing, and removing the IID are yours to bear, and you must install devices on any vehicles you drive for personal use, and if your employer owns, leases, or rents and is responsible for the care and maintenance of a vehicle you use for work, that vehicle must have an IDD too, although your employer may pursue a waiver. You cannot drive commercial vehicles with an IIL.

To apply for an IIL, you must have an IID installed in your vehicle and have the installer send the DOL proof of installation. You will also have to show proof of financial responsibility, usually done by providing a Certificate of Insurance. Then, you can log on to the DOL License eXpress to apply or complete a Restricted Driver License Application form and pay your fee.

Join Forces with Our Firm

Puget Law is ready to take on the entire process required to fight your charges. When you join forces with us, you put yourself in the best position to see your charges, as well as your penalties–including a license suspension–reduced or dismissed. Reach out today.

A DUI attorney in Seattle from our team is ready to get to work.