Frequently Asked Questions
Honest, straightforward answers to the questions we hear most.
Just Arrested
I just got arrested for DUI. What should I do first?
First, stay calm. Write down everything you remember about the stop and arrest while it's fresh — what the officer said, what tests were administered, where you were, what you had to eat and drink. Then call a DUI attorney immediately. You have only 7 days to request a DOL hearing to protect your license. Call us at (206) 467-3190 — we answer 24/7.
Will I go to jail?
For a first offense DUI, jail time is possible but not always imposed at the maximum. Minimum mandatory jail is 24 hours (or 2 days for BAC .15+). Many first-time offenders serve minimal jail time, especially with a strong defense. An experienced attorney can often negotiate alternatives like electronic home monitoring.
Can I still drive?
After a DUI arrest, you typically receive a temporary driving permit that is valid for a limited period. If you request a DOL hearing within 7 days, your driving privileges may continue until the hearing. Even during a suspension, you may qualify for an Ignition Interlock License (IIL) that allows you to drive with an interlock device installed.
Will this be on my record forever?
A DUI conviction in Washington State cannot be expunged. It remains on your criminal record permanently. This is one of the most important reasons to fight your DUI charge with an experienced attorney — getting the charge reduced or dismissed keeps it off your record.
The Legal Process
How long does a DUI case take?
Most DUI cases take 2-6 months from arrest to resolution, though some take longer. The timeline depends on case complexity, court schedules, whether motions are filed, and whether the case goes to trial. Your speedy trial rights give the court 90 days (if you're out of custody) or 60 days (if in custody) to bring you to trial.
What happens at arraignment?
Arraignment is your first court appearance, usually within a few weeks of arrest. You'll be formally charged and enter a plea. We always recommend pleading not guilty — this preserves all your options and gives your attorney time to review the evidence. The judge will also set conditions of release.
What are the possible outcomes of a DUI case?
Outcomes range from dismissal (best case) to conviction on the full DUI charge. In between, charges are often reduced to negligent driving (first degree or second degree), reckless driving, or reckless endangerment — all of which carry significantly lighter penalties than a DUI. Deferred prosecution is another option that can lead to dismissal after 5 years.
Should I take a plea deal?
Never accept a plea deal without consulting an experienced DUI attorney. What seems like a good deal may not be, and there may be better options available based on the specific facts of your case. We review every piece of evidence before advising you on the best course of action.
Tests & Evidence
Should I have taken the breath test?
What's done is done — don't stress about past decisions. Both taking and refusing the test have pros and cons. If you took it, the results can be challenged on many grounds (machine calibration, operator error, medical conditions). If you refused, the prosecution has less direct evidence of your BAC, though the refusal itself carries penalties and can be used against you.
Can breath test results be wrong?
Absolutely. Breath testing machines like the Draeger Alcotest 9510 and BAC Datamaster have known issues. Medical conditions (GERD, diabetes), mouth alcohol, machine calibration errors, operator errors, and environmental factors can all produce inaccurate readings. Our attorney Jason Lantz was featured on The New York Times' "The Weekly" exposing problems with the Draeger machine.
I was below .08 — can I still be charged?
Yes. Washington law allows DUI charges based on being "affected by" alcohol or drugs, even if your BAC is below .08. However, a sub-.08 BAC is much harder for the prosecution to prove and gives your attorney strong defense arguments.
Hiring an Attorney
Why should I hire a DUI-specific attorney?
DUI law is highly specialized. It involves complex scientific evidence (breath testing, blood testing, toxicology), specific procedural rules, DOL administrative proceedings, and a constantly evolving body of case law. A general practice attorney who handles DUI cases occasionally simply won't have the depth of knowledge needed. We defend DUI cases every day — it's all we do.
What should I look for when hiring a DUI lawyer?
Look for: (1) Dedicated DUI experience, not a dabbler. (2) Training beyond law school relevant to DUI defense. (3) Reputation among peers — do they present at CLEs and publish articles? (4) Active involvement in legal organizations. (5) Someone who treats you with respect. (6) A personality you're comfortable with. Avoid lawyers who guarantee outcomes or focus on statistics.
How much does a DUI attorney cost?
We charge a flat fee based on the complexity of your case — no surprise hourly bills. Our fees are competitive with experienced DUI attorneys. Payment plans are available. We discuss all fees during your free initial consultation with complete transparency. No travel fees for King, Snohomish, Pierce, Skagit, and Thurston counties.
Do you offer free consultations?
Yes. We offer a completely free initial consultation with no obligation. We will not try to hard sell you. We'd rather you make an informed decision about your representation. Call (206) 467-3190 or use our contact form.
Special Situations
How will a DUI affect my commercial driver's license (CDL)?
A DUI conviction can result in disqualification of your CDL for 1 year (first offense) or permanently (second offense). This applies even if you were driving your personal vehicle at the time. The stakes are extremely high for CDL holders, making aggressive defense even more critical.
I'm not a U.S. citizen. How does a DUI affect me?
A DUI can have serious immigration consequences. Depending on your status, a DUI conviction could affect visa renewals, green card applications, naturalization, or even lead to deportation proceedings. If you're a non-citizen, it's critical to work with a DUI attorney who understands these implications.
What about a DUI for someone under 21?
Washington has a zero-tolerance policy for drivers under 21. The legal limit is .02 (not .08). Penalties include mandatory license suspension and the same criminal penalties as adult DUI. However, the same defense strategies apply, and cases can still be fought effectively.
Will my employer find out?
An arrest itself may not be reported to your employer unless your job requires it (CDL holders, security clearances, certain professional licenses). A conviction is a public record. Getting the charge reduced or dismissed is the best way to protect your employment.
Still Have Questions?
Every case is different. Get answers specific to your situation with a free consultation.
Call (206) 467-3190