What are Washington DUI Laws?
Driving under the Influence refers to operating a motor vehicle while under the influence of drugs, alcohol or both. Driving under the influence applies to both legal and illegal drugs, including over-the counter drugs and prescription medication. The state of Washington will arrest a driver—over the age of 21– if their blood alcohol content is above .08%. Washington DUI laws change the legal limit to .04% for drivers of commercial vehicles and .02% for drivers under the age of 21.
What Happens If I refuse to take a Breathalyzer or Chemical Test in Washington?
Washington DUI laws are attached to implied consent law. Washington dui laws state that if you refuse to submit a chemical test you are formally subjected to increased fines and an automatic license suspension of one year.
Washington DUI laws require you to take a breath or blood test if you are arrested for a DUI. The state’s implied consent law states that if you are lawfully arrested by a police officer or law enforcement agent who has probable cause to believe that are driving under the influence, then you must consent to taking a chemical test of your breath, blood or both for the sole purpose of determining your blood alcohol content levels. These tests must be taken within three of hours; the officer will typically offer you the breath test before the blood test. If the breath test is not available—or if you fail to complete it—then the officer will ask for a blood test.
When you are arrested, the officer will tell you that if you refuse to take the test, then evidence of your refusal will be used against you in the court of law. This evidence ultimately bolsters the prosecution, and thus, increases your chances of facing serious fines or penalties. Penalties for 1st, 2nd and 3rd offenses all institute a one-year license suspension. The minimum jail time for refusing to take the test—according to Washington DUI laws—is as follows:
• WA DUI Laws: For 1st Offense: minimum jail time of 1 day if BAC is below .15% and 2 days if BAC is over .15%
• WA DUI Laws: 2nd Offense: minimum 30 days in jail if BAC is below .15% and 45 days if BAC is greater than .15%
• WA DUI Laws: 3rd Offense: minimum 90 days in jail if BAC is below .15% and 120 days in jail if BAC is .15% or greater
Washington DUI Laws: Penalties for First Offense
According to Washington DUI laws, penalties for first-offense DUI in the state include both administrative and criminal action. Washington DUI laws adhere to sliding scale penalties for first offense DUI convictions: penalties fluctuate based on case-specific considerations including blood-alcohol levels and whether a minor passenger was present in the vehicle at the time of arrest. Regardless of your circumstances, you should hire a Washington Law DUI attorney to mitigate the attached penalties. The following list of penalties for 1st offenses will be instituted under Washington DUI laws:
• WA DUI Laws: Jail from 24 hour s to 1 year or Electronic Home Monitoring System for 15 days
• WA DUI Laws: Jail from 2 days to 1 year for a BAC of .15 or above or Electronic Home Monitoring for 30 days
• WA DUI Law: Fine from $865.50 to $5,000
• WA Dui Laws: Fine from $1,120.50 to $5,000 for a BC at .15 or above
• WA DUI Laws: License Suspension for 90 days
• WA DUI Law: 1 Year for a BAC of .15 or above
• WA DUI Laws: Participation in Alcohol and Drug Education courses is possible
Washington DUI Laws: Penalties for Second Offense
Washington DUI laws claim that an individual can be charged with a DUI for the presence of drugs, alcohol or a combination of the two. Each additional Washington DUI conviction results in advanced penalties. According to Washington DUI law, a DUI conviction involving one substance followed by another DUI conviction of a different substance is considered a second offense. Based on Washington DUI laws, a second conviction is a Class 1 misdemeanor. The following lists of penalties for 2nd offense are instituted according to Washington DUI laws:
• Jail: From 30 days to 1 year/Electronic Home Monitoring is mandatory for 60 days
• Jail: From 45 days to 1 year for a blood alcohol level above .15/Electronic Home Monitoring is added for a period of at least 90 days
• Fine: From $1,120.50 to $5,000
• Fine: From $1,545.50 to $5,000 for a BAC at or above .15
• License Suspension: 2 years
• License Suspension: 900 Days for a BAC at or above .15
• Participation in Alcohol and Drug Education courses is possible
Washington DUI Laws: Penalties for Third Offense
The severity of punishments attached to third offenses includes severe administrative and criminal penalties. For adults, a mandatory license suspension of 2 years is imposed according to Washington DUI laws; for minors, a license suspension is enacted until the individual reaches the age of 21. In addition to fines, an alleged individual will face mandatory jail time. The following lists of penalties for 3rd offenses are instituted according to Washington DUI laws:
• Jail according to WA DUI Law: From 90 days to 1 year, including 120 days of electronic home monitoring
• Jail according to WA DUI Law: From 120 days to 1 year for a blood alcohol level of .15 or above) and 150 days of electronic home monitoring
• Fine according to WA DUI Law: From $1,970.50 to $5,000
• Fine according to WA DUI Laws: From $2,820.50 to $5,000 for a blood alcohol level of .15 or above
• License Suspension according to WA DUI Laws: 3 years
• License Suspension according to WA DUI Laws: 4 years for a blood alcohol level of .15 or above
Changes to Washington DUI Laws:
Effective in January of 2011, Washington DUI law changed to require mandatory reporting if a child under the age of 13 is in a car driven by an intoxicated parent, guardian or legal custodian. New Washington DUI law states that if the arresting officer believes the child is in imminent danger, the officer is allowed—according to this new Washington DUI law—to take the child into emergency custody. Moreover, Washington DUI law extended restricted driving privileges with an ignition interlock mechanism to those convicted of drug-related DUI offenses.