DUI-Laws
Washington Dui Laws
This page will help you understand:
- What prosecutors must prove to convict you of drunk driving or other charges?
- If you are arrested for drunk driving and you are under 21. What a is “Baby Dui”?
- What makes a DUI a Felony?
Driving under the influence, also known as DUI or DWI, impacts not only your Washington criminal records, but your drivers license in Washington State as well. Washington dui laws are governed by the Revised Code of Washington or RCW, beginning with section 46.61.500. It is important to have an experienced Spokane dui lawyer to help you through the legal obstacle course once you have been arrested for drunk driving.
If you are facing a dui charge, the prosecutor must prove:
- You drove a vehicle in Washington State, and while you were driving you were:
- Under the influence or affected by intoxicating liquor or any drug; or
- Under a combination of intoxicating liquor or any drug; or
- Within 2 hours after driving still has an alcohol concentration of 0.08 or higher.
A person can still be prosecuted even if their alcohol content does not rise to the 0.08 level. There are two general ways to be prosecuted for a drunk driving charge:
- Per Se Violation: this means that the state can prove that your BAC was above a .08; or
- “Affected by”: this means that you can be below a .08 and still be charged and convicted of drunk driving. This is usually how a prosecutor proceeds when they do not have a BAC test.
It’s Not A Defense If Your Intoxication Occurs As A Result of Your Prescription Medication! This one surprises many people. Beware if you get a new prescription and it warns of operating machinery.
DUI is a Gross Misdemeanor. Driving under the influence in Washington, is generally a gross misdemeanor. I say that because there is a felony dui law in Washington. The maximum jail sentence for a gross misdemeanor is 365 days. The maximum fine is $5,000.
Read about what a defense dui lawyer can do for you:
I’m Under 21 Years Old and Was Charged with DUI. The law for dui arrests treats people who are under the legal drinking age of 21 differently. The dui laws are much stricter. A prosecutor must still show that the minor operated or had physical control of a vehicle while in Washington state. However, the prosecutor only needs to show that the minor had a blood alcohol concentration of at least 0.02, but less than 0.08 within two hours after operating or being in physical control of the vehicle. You may hear a dui defense lawyer refer to this as a “baby dui”.
A “baby dui” is a misdemeanor. A misdemeanor has a maximum jail sentence of 90 days, and a maximum fine of $1,000.00
Under 21 and BAC .08 or Higher: at the time of testing, if a minor’s blood alcohol concentration reaches 0.08 or higher, they can be charged with a standard Washington dui. Basically they are treated like they are of legal drinking age, and may face more severe punishments. The standard dui is a gross misdemeanor.
PHYSICAL CONTROL: A person is guilty of physical control of a vehicle while under the influence if:
- Has actual physical control of a vehicle in Washington State; and
- The person has, within two hours after being in actual physical control of the vehicle, a BAC of .08 or greater…; or
- While the person is 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. RCW 46.61.504
There are defenses to physical control charges:
NEGLIGENT DRIVING 1ST DEGREE: Finally, a person may be charged with negligent driving in the first degree if they operated a vehicle in a negligent manner that did or could endanger a person or property. Additionally, the person must also exhibit signs of being affected by the effects of liquor or drugs.
FELONY DUI: If a person has 4 or more prior drunk driving offenses within 10 years it is a felony dui. In addition, if a person has ever been convicted of vehicular homicide while under the influence of intoxicating liquor or drugs, or a vehicular assault while under the influence it may turn your dui charge into a felony dui. Please note that an out-of-state offense that is comparable to those listed above can trigger the felony drunk driving statute as well.
Felony charges are very serious and can have profound effects on a person’s life. It is vital that you speak to a qualified defense dui lawyer immediately.
WASHINGTON DUI LAWS: Laws on dui and felony dui are constantly changing. A dwi attorney or dui lawyer in Spokane can help you understand the current dui laws and how it will affect you.
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