Washington law says that it’s a crime for a person to drive a vehicle, or be in actual physical control of one, while under the influence of drugs or alcohol. A first-time conviction for driving under the influence (DUI) can cause stress and anxiety. It can also lead to serious penalties – including mandatory jail time, expensive fines, and a driver’s license suspension. If you have been charged with DUI in Washington, it is critical for you to contact an experienced criminal defense attorney now for help.

What is the Law on a First-Time Washington DUI?

A driver can be convicted of driving under the influence in Washington if any of the following are true:

  1. the driver was impaired by drugs or alcohol to the extent that his ability to drive was lessened to any appreciable degree,
  2. the driver had a blood alcohol concentration (BAC) of .08% or higher, or
  3. the driver had a concentration of five nanograms or more of THC per milliliter of blood.
  4. While many people think that the legal limit is .08%, people with BACs lower than .08% are routinely charged with DUI in Washington based on impairment.

In general, Washington DUI law says that a first-time DUI occurs when:

  • a motorist is convicted of DUI, and
  • the motorist has no prior DUI convictions within the past seven years.

What are the Penalties for a First-Time Washington DUI?

The penalties for a first-time DUI are most severe for those drivers who:

  1. were convicted of DUI, and
  2. either refused a chemical test or had a BAC of .15% or greater.

In these cases, the motorist will be charged with a gross misdemeanor. A conviction could result in the following penalties:

  • imprisonment in jail for up to one year,
  • a mandatory sentence of two days in jail or 30 days of electronic home monitoring (EHM),
  • fines and fees of up to $5,000,
  • a license suspension for up to one year or two years (for a refusal),
  • a one-year mandatory ignition interlock requirement, and
  • enrollment in an educational or substance abuse treatment program.

A driver will receive a different set of penalties for a first-time DUI if the motorist was convicted for:

  1. driving while impaired by drugs or alcohol,
  2. having a BAC under .15%, or
  3. having a THC of 5 ng or more.

In these cases, the motorist will be charged with a gross misdemeanor. A conviction could result in the following penalties:

  • imprisonment in jail for up to one year,
  • a mandatory sentence of one day in jail or 15 days electronic home monitoring (EHM),
  • fines and fees of up to $5,000,
  • a license suspension for up to 90 days,
  • a one-year mandatory ignition interlock requirement; and
  • enrollment in an educational or substance abuse treatment program

Does a Person Need an Attorney if Charged with a First-Time DUI?

We highly recommend that a person charged with DUI hire an experienced criminal defense lawyer for assistance. A DUI attorney can help an accused collect and gather evidence – including witness statements, any chemical test results, and video of the arrest. Further, a criminal lawyer can help file legal motions on a defendant’s behalf that may exclude certain evidence or work to reduce (or even dismiss charges). Finally, an experienced DUI attorney can negotiate with the prosecutor to get a favorable deal.  A DUI attorney can also help defendant against a license suspension proceeding initiated by the Department of Licensing (DOL) following a DUI arrest. 

The DUI lawyers at Black Law have the skill, experience and knowledge that makes all the difference in DUI cases. They have over 20 years of combined experience representing clients on these matters. They are passionate in their work and provide their clients with results that matter. Contact them today and get the DUI defense that you deserve.