What is a DUI In Washington?
Driving Under the Influence (DUI) means operating a vehicle while impaired by alcohol, marijuana, other drugs, or any combination. This includes prescription medications and over-the-counter drugs. In Washington State, DUI charges can result in a license suspension, fines, and mandatory treatment programs.
How is DUI Determined?
You can be charged with a DUI if a breath or blood test shows:
0.08 or higher for adults (21 and over)
0.04 or higher for commercial drivers (CDL holders)
0.02 or higher for minors (under 21)
OR
A law enforcement officer determines you are impaired by alcohol, drugs, or both, regardless of test results. Not surprisingly, “impairment” can be determined by the officer’s observations, which are succinctly documented in the investigation report. The prosecutor and state defer to the officer’s “expert” opinion on these matters.
DUI License Suspensions: What to Expect
If you are arrested for DUI, you could face two separate license suspensions—one from the Washington State Department of Licensing (DOL) and another if you are convicted/plea in court.
License Suspension After Arrest
If you are arrested for DUI, the DOL will automatically suspend your license unless you request a hearing within seven days to contest it. If you don’t request a hearing or you lose the hearing, your license will be suspended for 90 days up to two years, depending on prior offenses and case details. This suspension begins 30 days from your arrest date.
License Suspension After Court Conviction
If you are convicted of DUI (or certain lesser charges) in court, the DOL will suspend your license for 90 days and, depending on your criminal history, may fully revoke your driving privilege. This suspension typically begins 45 days after the court notifies DOL of your conviction. However, we have seen the court fail to send over the notice in a timely way, which alters the start date. There are no guarantees when it comes to DOL. If you notice that your suspension has not begun or you have no notice, be sure to reach out to your lawyer or the court to determine whether the court notice has been sent to DOL.
If your license was already suspended due to your arrest (you failed to request the DOL hearing or you lost), that suspension time will count toward your total suspension period that is the result of the criminal case proceedings (conviction, plea or other).
Getting A Restricted License During Your Suspension
If your license is suspended or revoked, you may be eligible for an Ignition Interlock Driver License (IIL). This allows you to drive a vehicle equipped with an Ignition Interlock Device (IID) for the duration of your suspension.
You MUST complete all three steps with the DOL to have a valid Ignition Interlock License.
Restoring Your Driver’s License
Reinstating your license after a DUI depends on factors like your blood alcohol concentration (BAC), previous DUI history, and court-ordered requirements. To determine your specific reinstatement process, review the suspension notice sent by DOL, set up a License eXpress account for directions, or call them directly at (360) 902-3900.
What if I Have a Driver’s License From Another State?
If you are cited for DUI in Washington, it will be recorded on your Washington State driving record and will notify your home state. Your home state may also take action, including suspension or revocation actions, based on its laws. You will need to make contact with your home state department of licensing to determine what will happen to your license and privilege to drive as well as the steps required to reinstate your license.
DUI is Reduced to a Lesser Charge?
If your DUI charge is reduced to Reckless Driving, Negligent Driving, or another offense, the criminal charge will be updated, but any administrative DOL license suspension from your arrest will remain the same. To determine whether you have any additional suspension or Ignition Interlock Device requirements, you will need to set up a License eXpress account for directions or call DOL directly at (360) 902-3900.
How Does a DUI Affect My Commercial Driver’s License (CDL)?
If you fail to request a hearing or lose your hearing, your CDL or commercial learner’s permit will be disqualified under Washington law. This means you cannot operate a commercial vehicle, and the disqualification happens automatically.
Take Action to Protect Your Future
A DUI charge can have lasting consequences on your license, employment, and financial stability. If you are facing a DUI in Western Washington, contact Witt Law Group PS for experienced legal guidance. Our team will help you navigate DUI defense strategies, license suspension hearings, and legal requirements to achieve the best possible outcome for your case. Call us today for a free consultation. 360-792-1000
Get help now
Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
