Driving Under the Influence

Receiving and dealing with a Driving Under the Influence (DUI) citation can be a very stressful event. The experienced and knowledgeable attorneys of Ashbach Law Offices are here to relieve the pressure, and aggressively resolve your case in a personalized manner. With over 34 years combined experienced representing and providing sound advice to those charged with DUIs, Ashbach Law Offices attorneys are here to help.  If you have received a citation, call and speak to one of our knowledgeable lawyers at (360) 659-4950 for a free consultation today.

What is DUI?

DUI is one of the most common crimes committed in Washington.  They occur on a daily basis, often by person who have no, or very little, prior criminal history.  Many people who are charged with DUI had no idea they were technically “driving under the influence.” The law does not take into account an individual’s alcohol tolerance, so even if you remain in control, you may still be convicted. Additionally, Washington’s DUI statute allows for conviction even if you were not above a .08 BAC until two hours after driving.  While this does not make logical sense, it is the current state of the law here in Washington. 

A person may also be charged with “physical control” of a motor vehicle while being under the influence.  The penalties for this are the same as DUI

The lawyers at Ashbach Law Offices are here to aggressively defend you in all your DUI matters in municipal, county and state courts.

How is DUI committed?

A driver in Washington may be charged with DUI in three instances:
1) driving a vehicle with a blood alcohol content (BAC) of .08 or higher;
2) Driving a vehicle while under the influence of alcohol or any drug; and
3) driving a vehicle with a BAC of .02 or higher if the driver is under the age of 21.

Ashbach Law Offices are here to provide effective representation in your behalf on DUI matters or other automobile offenses.

How does Washington State attempt to punish those charged with DUI?

Washington takes a two-pronged approach in attempting to punish a defendant accused of DUI: criminal sanctions and administrative sanctions. Administrative sanctions are handled through the Department of Licensing (DOL) and criminal sanctions are handled through the procedures at the courts.

You may visit the Washington Courts’ sentencing grids here or read below for more information.

What are the Criminal Sanctions?

If Washington is able to prove all elements of DUI beyond a reasonable doubt, there are minimum punishments and fines that will be imposed depending on your prior driving history.  Note that conviction is possible even without a valid BAC reading.

BAC less than .15 or No Test

If this is your first offense in past 7 years:

• Jail: 1-365 days (1 day minimum) or minimum of 15 days electronic home monitoring
• Fine: $350-$5,000 ($866 total minimum fine w/statutory assessments
• License: 90 day suspension
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

If this is your second offense in past 7 years:

• Jail: 2-365 days (2 day minimum) or minimum of 30 days electronic home monitoring
• Fine: $500-$5,000 ($1121 total minimum fine w/statutory assessments
• License: Two year revocation
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

If this is your third offense in past 7 years:

• Jail: 90-365 days (90 day minimum) or minimum of 120 days electronic home monitoring
• Fine: $1000-$5,000 ($1971 total minimum fine w/statutory assessments
• License: Three year revocation
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

BAC at least .15 or Test Refusal

If this is your first offense in past 7 years:

• Jail: 2-365 days (2 day minimum) or minimum of 30 days electronic home monitoring
• Fine: $500-$5,000 ($1121 total minimum fine w/statutory assessments
• License: 1 year revocation
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

If this is your second offense in past 7 years:

• Jail: 45-365 days (2 day minimum) or minimum of 90 days electronic home monitoring
• Fine: $750-$5,000 ($1546 total minimum fine w/statutory assessments
• License: 900 days revocation (3 years if test refused)
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

If this is your third offense in past 7 years:

• Jail: 120-365 days (120 day minimum) or minimum of 150 days electronic home monitoring
• Fine: $1500-$5,000 ($2821 total minimum fine w/statutory assessments
• License: Four year revocation
• Ignition Interlock: Required
• Alcohol/Drug Treatment: Possible

What are the DOL Sanctions pertaining to a DUI arrest?

The DOL has the statutory authority to suspend a driver’s license for up to two years (or longer in some cases).  Unless you make a timely appeal your suspension within 20 days of notice of a pending suspension, the suspension will go into effect.  If you appeal, suspension will not occur until your appeal has been heard and an examiner has ruled on that.  Normally, you have to pay $200 to have the hearing. This money goes to the DOL.

DOL hearings are conducted by DOL examiners who work for Washington.  In order to get a fair shake, you need an aggressive and competent lawyer like those of Ashbach Law Offices.

Washington’s Implied Consent statute requires you to submit to a breathalyzer test if pulled over and suspected of DUI. While you may refuse this test, refusal has important consequences:

• - If you have no prior DUIs or refusals in the past seven years, your license will be suspended for one year
• - If you have a prior DUI or refusal in the past seven years, your license will be suspended for two years (or until you are 21, whichever is longer)

If you have no prior convictions in the past 7 years and if

• You are over 21 and your BAC was .08 or Greater, your license will be suspended for 90 days
• You are under 21 and your BAC was .02 or Greater, your license will be suspended for 90 days

If you have one or more prior convictions in the past 7 years and if

• You are over 21 and your BAC was .08 or Greater, your license will be revoked for two years
• You are under 21 and your BAC was .02 or Greater, your license will be revoked for two years (or until 21, whichever is longer)

It may be possible to obtain a temporary restricted driver’s license 30 days after suspension. This temporary license requires proof of an interlock device, necessity for such a license, and a filing of proof of financial responsibility with the DOL.

Travel into Canada

Be aware that the Canadian Government may not permit those who have been convicted of DUI to enter Canada. You may be turned away from the border.  You may petition the Canadian Government for “rehabilitation” status and be permitted to enter, but this generally requires several years past your probationary period.