Understanding Washington's DUI Laws: Key Defenses to Consider
Driving under the influence (DUI) is a serious offense, carrying significant legal consequences that can affect every aspect of a person's life, such as potentially being charged with felonies.
While DUI laws are strict and aggressively enforced, there are legal defenses that may apply depending on the circumstances. Our DUI lawyer in Richland, Washington, can help you if you have a case.
Knowing your options can help you make informed decisions about how to respond to a DUI charge. That said, here's how Washington approaches DUI cases and the defenses Metro Law Firm may use to help protect your rights.
How Are DUIs Classified in Washington?
In Washington, a DUI is usually charged as a gross misdemeanor. However, certain conditions will escalate the charge to a felony, bringing heavier penalties and longer-lasting effects.
A DUI becomes a felony under the following circumstances:
A fourth DUI in 10 years: Washington law classifies a fourth DUI offense within a 10-year period as a felony.
Prior felony DUI: If you’ve previously been convicted of a felony DUI, any new DUI charge will also be classified as a felony.
Injury or death resulting from DUI: If your DUI results in serious bodily harm or death to another person, the charge may become felony vehicular assault or vehicular homicide.
Driving with a suspended or revoked license: In some cases, if you commit a DUI while your license is already suspended due to a previous offense, you may face felony charges.
These felony DUI charges can lead to a state prison sentence, significantly higher fines, and long-term restrictions on your rights. Unlike misdemeanors, felonies carry lifelong consequences, including limitations on firearm ownership and difficulties securing employment or housing.
How Does BAC Testing Work in Washington?
In Washington, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21. Police may use a breathalyzer or blood test to determine your BAC.
However, these tests aren’t always foolproof. Factors like improper calibration, residual mouth alcohol, and even medical conditions like acid reflux or diabetes can impact the results. If you’re accused of DUI based on a questionable test result, your attorney may challenge the validity of the test or the procedures followed during testing.
Defenses That May Apply in DUI Cases
Washington allows for several defense strategies in DUI cases. These arguments don’t always result in dismissal, but they can reduce charges or influence sentencing.
Unlawful Stop or Detention
If an officer pulled you over without reasonable suspicion, the entire case may be compromised. Traffic stops require a clear reason, like erratic driving, expired registration, or a broken taillight. If your stop wasn’t lawful, any evidence obtained thereafter, including BAC results, may be inadmissible in court.
Faulty Field Sobriety Tests
Field sobriety tests are used to establish probable cause, but they’re inherently subjective. Factors like poor weather, uneven pavement, or medical conditions such as vertigo can negatively affect performance. Officers may also improperly administer these tests or make assumptions not supported by your behavior.
Rising BAC Defense
Alcohol doesn't affect the bloodstream immediately. There's a delay—called the “absorption phase”—which means your BAC could have been legal while driving but higher by the time you were tested. In these cases, timing is crucial, and this argument can be persuasive in court.
Failure to Advise of Rights
Washington law requires officers to inform you of your rights, especially when requesting a breath or blood test. If the arresting officer failed to properly advise you, any evidence obtained may be challenged. This includes not informing you that refusal to take a test can lead to a mandatory license suspension.
Mouth Alcohol Interference
Substances like mouthwash, breath spray, or recently consumed alcohol may cause elevated BAC readings. If you’ve used a product or consumed something shortly before the test, your reading may not accurately reflect your actual blood alcohol level.
More Than Just a Traffic Violation
Felonies change the trajectory of a person's criminal record. In DUI cases, once a charge is elevated to a felony, it becomes more than a traffic matter—it’s a criminal issue with high stakes. Felony DUI convictions in Washington can result in:
Long-term imprisonment (typically over a year)
Fines up to $10,000
Felony probation
Loss of driving privileges for an extended period
Permanent criminal record affecting jobs, licenses, and more
These consequences underscore the need to approach every DUI case with a clear strategy and a full understanding of what's at stake.
DUI Convictions and License Suspension
In addition to court-imposed penalties, the Washington State Department of Licensing (DOL) may suspend or revoke your driver’s license. This process is separate from the criminal case and follows its own timeline.
According to the Washington State Department of Licensing, you have a limited window—currently seven days from the date of your arrest—to request a DOL hearing to contest the suspension. Missing this window means automatic license suspension, regardless of the outcome of your court case.
If your DUI is classified as a felony, the suspension period is longer, and reinstating your license will involve more requirements, such as installing an ignition interlock device or completing an alcohol treatment program.
How DUIs Impact Employment and Personal Life
A DUI conviction, particularly a felony, can have ripple effects far beyond the legal penalties. These impacts may include:
Employment issues: Many employers conduct background checks, and a DUI may disqualify you from jobs involving driving or public safety.
Housing challenges: Landlords may view a DUI—especially a felony—as a red flag when reviewing rental applications.
Insurance premiums: Auto insurance costs can skyrocket, and some insurers may cancel your policy entirely.
Travel restrictions: Some countries, such as Canada, may deny entry to individuals with DUI felonies.
Given these lasting consequences, defending yourself properly and understanding your rights is essential.
DUI and Drug Impairment Charges
It’s not just alcohol that leads to DUI charges. Washington law also covers driving under the influence of drugs, including:
Prescription medications
Over-the-counter drugs that impair judgment
Cannabis
Illegal substances
Drug-related DUIs are treated with the same seriousness as alcohol-related cases and can also lead to felonies when aggravating circumstances are present. These cases often involve Drug Recognition Experts (DREs) whose testimony may be contested by medical professionals or toxicology experts.
Why Time Matters After a DUI Arrest
Time is critical after being arrested for DUI. Evidence must be preserved, witnesses need to be contacted, and key legal deadlines must be met. The earlier you act, the more options you may have available. This is especially true if your case might involve aggravating factors that could lead to felony charges.
Washington's DUI laws are strict, and the penalties, especially for felonies, can change your life. Whether it's your first offense or you're facing a potential felony DUI, it's important to understand your rights, the defenses available to you, and the consequences you might face.
Defenses like unlawful stops, flawed test results, and medical conditions can influence the outcome of your case. And if the charge rises to a felony, the need to respond strategically becomes even more pressing.
If you've been charged with DUI in Richland or anywhere in Washington State, it's in your best interest to speak with an attorney who can analyze your situation and guide you toward the strongest defense available. Whether you're trying to protect your record, your license, or your future, understanding the law is a powerful first step.
Reach Out to an Attorney Today
If you've been arrested for DUI in Tri-Cities, Kennewick, Pasco, Richland, Benton-Franklin County, Yakima County, Walla Walla County, or the greater Seattle area, reach out to me, Gary Metro, at Metro Law Firm, to get started on your case today.