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DUI in WA State - What You Want to Know

Posted Tuesday, December 5, 2017 by Lizanne Padula.

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If you are reading this, even after hours, call us - we will answer - (425) 883-3366.

If you are facing charges for DUI in Washington you likely have a lot of questions and are worried about what penalties you may be facing. The DUI defense attorneys of Padula & Associates have got you covered. This article covers the basics of what you need to know about DUI in Washington State.

Legal Limit for DUI in Washington State

After DUI Arrest

Automatic License Suspension

Mandatory Alcohol Evaluation

Getting DUI Charges Reduced to Lesser Charges

Defending Against DUI Charges

For answers to your questions and for a free consultation, contact us on the web here or call (425) 883-3366. We have ample experience in DUI defense. You want us on your side.

Legal Limit for DUI in Washington State

Under Washington State law, a person is “guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:”

• The person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood; or

• The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood; or

• While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or

• While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug. (RCW 46.61.502).

After DUI Arrest

After you are arrested under suspicion of DUI in Washington State, formal charges of DUI will likely be filed against you. From there, the criminal process will move forward starting with an arraignment.

At any stage of the criminal process after arraignment and prior to a verdict at trial, you and your DUI defense attorney may negotiate a plea agreement with the Prosecutor. If you do get the charges dropped or plead out to lesser charges, then your case will proceed to trial, and if convicted, to sentencing.

Automatic License Suspension

Your license will be automatically suspended if you do not request a hearing with the Washington State Department of Licensing (DOL) within 20 days. If you do not request a hearing within 20 days, or the hearing examiner does not rule in your favor, your license will be suspended for 90 days to 2 years.

When you hire Padula & Associates, LLC to defend you against allegations of DUI, we will guide you through the DOL process and we will ensure your hearing request is submitted on time. Learn more in our article Will I Lose My License? DUI in Washington State.

Mandatory Alcohol Evaluation

If you are convicted of a DUI in Washington State, it is mandatory that you undergo an Alcohol Evaluation. The Alcohol Evaluation must be done by an alcoholism agency, or a qualified probation department , approved by the Department of Social and Health Services. Lean more in our article Alcohol Evaluation After DUI in Washington State.

Getting DUI Charges Reduced to Lesser Charges

There are a number of ways to successfully get charges for DUI reduced to lesser charges. Depending on the facts of your case, it may be possible to weaken the case against you by demonstrating that the evidence is somehow tainted or inadmissible. For example, demonstrating that a malfunctioning breathalyzer machine was used, or proving up other problems with how or when your blood alcohol concentration was tested, can weaken the case against you. Perhaps we can show police misconduct, a DUI checkpoint carried out unlawfully, an unlawful stop, or other violations of your rights. Once the case against you is weakened, the Prosecutor may be compelled to reduce the charges rather than risk losing at trial or having the case dismissed by the court.

Defending Against DUI Charges

It is in your best interest to consult with an experienced Washington DUI Criminal Defense Attorney immediately. After a DUI arrest deadlines approach quickly and the longer you wait, the more difficult it can be to gather evidence in your favor. We invite you to meet with us for a free case evaluation - call us 24/7 at 425-883-3366.

The skilled DUI defense attorneys at Padula & Associates, LLC are experienced in all aspects of DUI defense. We will help you face your charges head-on and with confidence. For over 20 years, Padula & Associates, LLC has been serving the people of King County, Snohomish County, and throughout Washington State with aggressive and effective criminal defense.

Come meet with us for a free case evaluation. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com, or fill out our online free consultation form today.