DUI Laws & Charges Seattle, Bellevue & Washington State
Washington State DUI Laws and Charges
Facing a DUI in Seattle, Kirkland, Bellevue or anywhere in Washington State can be daunting, but understanding these DUI laws and charges is crucial for navigating the legal process.
There are both mandatory minimum DUI penalties that must be imposed upon conviction, and maximum DUI penalties. The length of the mandatory minimum sentence and the amount of the DUI fine imposed depend on various factors, including the individual's DUI history and the result of their breath test, or if they refused to take one.
Here, we will discuss the criteria that must be met when being charged in various DUI cases, as well as the maximum DUI penalties based on specific charges. For details on DUI minimum sentencing, refer to the Washington DUI Sentencing Grid.
Washington DUI Overview
In Washington State, separate statutes govern DUI offenses for individuals over the age of 21, and under the age of 21, as well as those holding a Commercial Driver's License (CDL). If you have been charged with a first offense DUI in Washington it will most likely be charged as a “gross misdemeanor.” The maximum penalty for this is 364 days in jail and a DUI fine of $5,000. However, if the DUI incident has caused serious bodily injury or death to another, or if you have a previous conviction of vehicular assault, homicide, or if you have four priors within the past 10 years, it will be charged as a Class C Felony DUI.
Here's an overview of the DUI statutes applicable throughout Washington state, and the maximum penalties.
1. Driving Under the Influence (DUI) – Individuals 21 Years of Age and Older:
Under RCW 46.61.502, a person is guilty of DUI in Washington State if they drove a vehicle:
-
With a blood alcohol level (BAC) of .08 or higher within two hours after driving; or
-
With a blood THC level of 5 nanograms per milliliter within two hours after driving; or
-
While under the influence of or affected by intoxicating liquor or drugs; or
-
While under the combined influence of or affected by intoxicating liquor and any drug.
NOTE: It is a defense, under all three statutes, if you can prove that alcohol or marijuana was consumed after driving but before a chemical test was administered.
It's important to know that “drugs'' doesn't only refer to illegal narcotics. Medications prescribed or sold over-the-counter (depression medications, painkillers or sleep agents) can also create an intoxicating effect. Legally possessing the medication is no defense.
Maximum DUI Penalty: Up to 364 days in jail and/or a $5,000 fine.
2. Physical Control of Vehicle Under the Influence - Individuals 21 Years of Age and Older:
Under Washington DUI statute RCW 46.61.504, a person is guilty of DUI in Washington State if they have actual physical control of a vehicle:
-
And a BAC of .08 or higher within two hours after being in actual physical control; or
-
A THC concentration of 5.00ng/ml or higher; or
-
While the person is under the influence of or affected by intoxicating liquor or any drug; or
-
While the person is under the combined influence of or affected by intoxicating liquor and any drug.
Actual physical control refers to situations where the car is not in motion, but capable of movement – such as when the keys are in the ignition and the car is parked.
NOTE: If the car has been moved safely off the roadway prior to being pursued by a law enforcement officer, a person will have an affirmative defense to the crime of physical control.
Maximum Physical Control Penalty: Up to 364 days in jail and/or a $5,000 fine.
3. DUI for Individuals Under 21 Years Old:
Under RCW 46.61.503, a person is guilty of driving or being in actual physical control of a motor vehicle after consuming alcohol if the person operates or is in actual physical control and:
-
Is under the age of twenty-one;
-
Has a BAC between .02 and .08; or
-
Has a THC concentration above 0.00 but below 5 nanograms per milliliter
Maximum DUI Penalty For Drivers Under 21: Up to 90 days in jail and/or a $1,000 fine.
4. DUI with a Commercial Driver's License (CDL):
Under RCW 46.25.090, a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.20.308 or 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
-
Driving a motor vehicle under the influence of alcohol or any drug;
-
Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more or any measurable amount of THC concentration, or driving a noncommercial motor vehicle while the alcohol concentration in the person's system is 0.08 or more, or is 0.02 or more if the person is under age twenty-one, or with a THC concentration of 5.00 nanograms per milliliter of whole blood or more, or a THC concentration above 0.00 if the person is under the age of twenty-one, as determined by any testing methods approved by law in this state or any other state or jurisdiction;
-
Leaving the scene of an accident involving a motor vehicle driven by the person;
-
Using a motor vehicle in the commission of a felony;
-
Refusing to submit to a test or tests to determine the driver's alcohol concentration or the presence of any drug while driving a motor vehicle;
-
Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
-
Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
Understanding DUI laws and charges in Washington State is essential for anyone facing a DUI charge, as the DUI consequences can be serious. Whether charged as a gross misdemeanor or felony, knowing the relevant statutes and potential DUI penalties can help individuals navigate the legal process more effectively.
It's crucial to seek legal guidance and support from a qualified DUI attorney to ensure the best possible outcome for your case. For personalized assistance and guidance, you can reach me, Aaron Wolff, directly by calling 206-504-2500.