Washington State DUI Guide
Everything you need to know, from attorneys who have been defending DUI cases since 1994.
The DUI Process in Washington State
The Stop
A DUI case begins when law enforcement pulls you over. They need reasonable suspicion of a traffic infraction or criminal activity. During the stop, the officer will observe your behavior, look for signs of impairment (bloodshot eyes, slurred speech, odor of alcohol), and may ask you to perform field sobriety tests. Remember: field sobriety tests are voluntary.
Field Sobriety Tests
Officers typically request three standardized tests: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. These tests are voluntary — you can politely decline. Officers may also request a Portable Breath Test (PBT), which is also voluntary and generally not admissible in court.
Arrest & Breath/Blood Test
If the officer believes you are impaired, you will be arrested and taken to the station for an official breath test on the BAC Datamaster machine. Under Washington's implied consent law, refusing this test triggers an automatic license suspension. Before taking this test, you have the right to speak with an attorney — exercise this right.
Booking & Release
After the breath test (or refusal), you will be booked and typically released within a few hours. You will receive paperwork including a temporary driver's license. Your permanent license will be confiscated if you failed or refused the breath test.
The 7-Day DOL Deadline
This is critical: you have only 7 days from your arrest to request a hearing with the Department of Licensing (DOL) to challenge the administrative suspension of your driver's license. Miss this deadline and your license will be automatically suspended. An experienced DUI attorney will handle this for you immediately.
Arraignment
Your first court appearance, typically within a few weeks. You will be formally charged and enter a plea. We always recommend pleading not guilty at arraignment — this preserves all your options. The judge will set conditions of release (no driving without interlock, no alcohol/drugs, etc.).
Pre-Trial & Discovery
Your attorney will request all evidence from the prosecution: police reports, breath test records, dash cam and body cam footage, calibration records for testing equipment, and more. This is where experienced DUI attorneys find the issues that can lead to dismissal or reduction.
Motions & Negotiations
Based on the evidence, your attorney may file motions to suppress evidence (e.g., illegal stop, improper breath test procedure). Negotiations with the prosecutor may result in reduced charges (negligent driving, reckless driving) or dismissal.
Trial or Resolution
If the case doesn't resolve through motions or negotiations, it goes to trial. DUI trials in Washington use a 6-person jury. The prosecution must prove guilt beyond a reasonable doubt. You have the right to confront witnesses, present evidence, and testify (or remain silent).
DUI Penalties in Washington State
Penalties depend on your BAC level, prior offenses, and other factors. A skilled attorney can often significantly reduce these.
First Offense — BAC .08 to .14
First Offense — BAC .15 or Higher / Refusal
Second Offense (Within 7 Years)
These Are Maximum Penalties
An experienced DUI attorney can often negotiate reduced charges (negligent driving, reckless driving) or get cases dismissed entirely. Every case is different, and the specific facts of your case matter enormously. Call us for a free evaluation of your case.
Common DUI Defenses
There are many potential defenses to a DUI charge. An experienced attorney will evaluate every aspect of your case.
Improper Traffic Stop
The officer must have reasonable suspicion to pull you over. If the stop was unlawful, all evidence obtained after the stop may be suppressed.
Breath Test Errors
BAC machines require careful calibration and maintenance. Operator errors, machine malfunctions, and failure to follow protocols can invalidate results. Our attorneys have exposed major problems with testing machines.
Rising BAC Defense
Your BAC may have been below .08 while driving but rose above the limit by the time you were tested. Alcohol takes time to absorb — your BAC at the station may not reflect your BAC while driving.
Field Sobriety Test Issues
Field sobriety tests are subjective and affected by many factors: medical conditions, fatigue, nerves, uneven surfaces, footwear, and weather. Officers often administer them incorrectly.
Medical Conditions
GERD (acid reflux), diabetes, certain diets, and other conditions can produce mouth alcohol or affect breath test results, creating falsely elevated BAC readings.
Blood Test Contamination
Our firm led the effort that resulted in blood tests being thrown out due to contamination at the Washington State Patrol toxicology laboratory.
Miranda & Rights Violations
If police failed to advise you of your rights, or if they denied your right to speak with an attorney before the breath test, evidence may be suppressed.
Witness & Video Evidence
Dash cam, body cam, and witness testimony may contradict the officer's observations or support your version of events.
License & DOL Issues
The 7-Day Deadline
After a DUI arrest, you have only 7 days to request a hearing with the Department of Licensing (DOL) to challenge the administrative suspension of your license. If you miss this deadline, your license will be automatically suspended regardless of the outcome of your criminal case. This is separate from any court-imposed suspension. Contact an attorney immediately.
DOL Administrative Hearing
The DOL hearing is separate from your criminal case. It determines whether your license will be suspended based on the breath test results (or refusal). You have the right to be represented by an attorney, present evidence, and cross-examine the arresting officer. We handle DOL hearings regularly and know what issues to raise.
Ignition Interlock License (IIL)
Even during a license suspension, you may be eligible for an Ignition Interlock License, which allows you to drive a vehicle equipped with an interlock device. This can be critical for maintaining employment. The requirements and duration depend on your specific situation — we can help you navigate this process.
Suspension Periods
Deferred Prosecution
A deferred prosecution is a once-in-a-lifetime option under Washington law (RCW 10.05) that can result in your DUI charges being dismissed after 5 years of compliance with rigorous conditions. It should not be entered into lightly.
Potential Benefits
- Charges dismissed after 5 years
- No jail time if compliant
- Treatment instead of punishment
Important Considerations
- Once per lifetime (with limited exception)
- Must waive all trial rights
- 5 years total abstinence required
- Still counts as prior offense
Eligibility Requirements
- Must never have been granted a deferred prosecution before (RCW 10.05.010)
- Must be diagnosed with a severe substance abuse disorder or mental health issue (RCW 10.05.020)
- Must enroll in and comply with recommended treatment program
- Must complete intensive outpatient treatment, followed by weekly and then monthly counseling
- Must attend 2+ self-help meetings per week (AA most common)
- Must submit to random urinalysis for 5 years
Boating Under the Influence (BUI)
Washington State takes boating under the influence seriously, especially during events like Seattle Seafair. BUI laws are similar to DUI laws but have some important differences.
Operating a vessel while under the influence of alcohol or drugs is a gross misdemeanor in Washington. The BAC limit is .08, the same as for driving. However, BUI can also result in additional federal charges if in navigable waters.
If you've been charged with BUI, the same experienced defense strategies apply. Our attorneys handle BUI cases throughout the Puget Sound region.
Need Help With Your Case?
Every DUI case is different. Let us review the specific facts of your case and explain your options.