You’ve probably heard about a recent pop singer who got arrested with DWI in another State and got yourself looking up to learn more about DUI/DWI. For people in the State of Washington, Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is a serious offense. This blog is a quick refresher on what you need to know in 2024.
Understanding DUI and DWI in Washington State
In Washington State, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) generally refer to the same offense – operating a vehicle while impaired by alcohol, drugs, or a combination of both. The state has stringent laws to deter impaired driving and ensure road safety.
Legal Blood Alcohol Concentration (BAC) Limits
- General Drivers: A BAC of 0.08% or higher.
- Commercial Drivers: A BAC of 0.04% or higher.
- Drivers Under 21: A BAC of 0.02% or higher.
Learn about the difference between Marijuana DUI and Alcohol DUI in this article.
What Are the Penalties for DUI and DWI in Washington State
The penalties for DUI and DWI offenses can vary based on factors such as BAC levels, prior offenses, and whether the offense resulted in injury or property damage.
First Offense
- Jail Time: 1 to 364 days.
- Fines: $350 to $5,000.
- License Suspension: 90 days to 1 year.
- Ignition Interlock Device (IID): Required for at least 1 year.
- Alcohol/Drug Education: Mandatory enrollment in a state-approved program.
Second Offense (within seven years)
- Jail Time: 30 days to 1 year, plus 60 days of electronic home monitoring.
- Fines: $500 to $5,000.
- License Suspension: 2 years.
- Ignition Interlock Device (IID): Required for at least 5 years.
- Alcohol/Drug Education: Mandatory enrollment in a state-approved program.
Third Offense (within seven years)
- Jail Time: 90 days to 1 year, plus 120 days of electronic home monitoring.
- Fines: $1,000 to $5,000.
- License Suspension: 3 years.
- Ignition Interlock Device (IID): Required for at least 10 years.
- Alcohol/Drug Education: Mandatory enrollment in a state-approved program.
Do not aggravate the situation more! Certain factors can lead to more severe penalties, including:
- High BAC: A BAC of 0.15% or higher.
- Refusing a BAC Test: Refusal to take a BAC test can result in additional penalties.
- Accidents: Causing an accident while driving under the influence, especially if it results in injury or death.
- Minor Passengers: Having a minor in the vehicle at the time of the offense.
What are some remedies or “workarounds”?
Previously, we’ve talked about deferred prosecution. A deferred prosecution, in Washington State, is a petition by the one charged by DUI to the court. It is basically an agreement not to prosecute a DUI in exchange for the charged/defendant to enter into and complete a two-year intensive outpatient alcohol/drug/or mental health treatment program. Learn more about it here.
Another is also reducing DUI to reckless or negligent driving charges. But a competent and knowledgeable lawyer firm like Soriano Law LLC should be by your side in this ordeal. Learn about it here.
What is the Legal Process for DUI and DWI Cases?
The legal process has been almost the same ever since. Navigate the steps below:
Arrest and Booking
If you are suspected of DUI or DWI, you will be arrested and taken to the police station for booking. This process includes taking your fingerprints, photographs, and personal information.
Arraignment
Within or after a few days of your arrest, you will be asked to appear in court for an arraignment. During this hearing, the charges against you will be read, and you will have the opportunity to enter a plea.
Pre-Trial Motions
Your attorney may file pre-trial motions to challenge the evidence against you, such as the legality of the traffic stop or the accuracy of the BAC test.
Trial
If your case goes to trial, both the prosecution and defense will present evidence and arguments. A judge or jury will determine your guilt or innocence based on the evidence presented.
Sentencing
If you are found guilty, the judge will impose a sentence based on the severity of the offense and any aggravating factors.
A DUI Lawyer Is Very Important
We could not emphasize enough that having a DUI lawyer is important to be by your side in this ordeal. Whether to help you defend against the charges, or find other remedies, having a strategy with a DUI lawyer can help you build a strong defense that is crucial if you are facing DUI or DWI charges. As we move into 2024, staying informed about the latest laws and legal processes surrounding these offenses is essential. By understanding your rights, building a strong defense, and seeking experienced legal representation, you can better navigate the challenges of a DUI or DWI charge and work towards a favorable outcome.
Soriano Law is open to give you advice, starting with a free consultation. Please call us – our competent and compassionate attorneys are ready to help. Email Ron at ron@sorianolawllc.com or call us at (360)-249-6174.