What to Expect after DUI First Offense in Washington

Getting a DUI isn’t uncommon in Washington State. In fact, in a recent report Washington State ranked 8th highest out of all 50 states for the number of DUI arrests per year.¹ And per the Washington State Patrol, DUI crashes and deaths caused by impaired driving are on the rise, increasing every year since 2019.²

Perhaps because of this, the Evergreen State has some of the harshest penalties in the nation for DUI offenses.

Consequences of a DUI Washington State first offense can be more or less severe depending on your blood alcohol content (BAC) and other factors, such as the severity of the incident and whether minors were in the vehicle. In this article, we’ll cover what you should know if you’re facing a first-time DUI charge, including what happens after arrest and the minimum penalties you may face.

What Happens On Your First DUI?

Seeing those flashing blue-and-red lights in your rearview mirror is never a good feeling. But if you’re driving under the influence of drugs or alcohol in Washington State, you’ve got a bit more reason to worry. For adults, a blood alcohol concentration of 0.08 or above is considered intoxication in Washington. For minors under age 21, 0.02 is the limit.

But be aware: You can be charged with a DUI even if your BAC is lower. If the prosecutor shows that your driving was affected by alcohol or drugs—no matter the amount—you can be convicted of DUI. This applies to legal drugs, such as THC, prescription and over-the-counter medications as well.

Here’s what you can expect if you’re dealing with a 1st offense DUI in Washington State³:

• You’ll face both criminal and administrative cases – DUI arrests in Washington involve two separate cases: A criminal DUI case, and an administrative case brought by the Department of Licensing to suspend the driver’s license.
• You’ll have the opportunity to request a hearing – After a DUI arrest, you’ll receive paperwork that includes a form to request a license suspension hearing. If you file this request within 7 days, you can contest your license suspension. If you don’t, your driver’s license will automatically be suspended on day 30 following your arrest.⁴
• You’ll be given a court appearance date – As part of the criminal case, you must appear in court for arraignment. This is when the prosecution will present the charges against you and you’ll enter your plea. The court will notify you of the conditions imposed while your case is pending, such as posting bail, applying for an Ignition Interlock License, etc.⁵

The legal proceedings following a DUI offense are complicated, even if it’s your first DUI. You should always contact an attorney if you’re facing a DUI charge. They will assess the prosecutor’s case against you, advise you on the chances of negotiating for a reduced charge, and ensure you’re treated fairly.

Felony Or Misdemeanor?

Is a DUI a felony in Washington? Most DUI first offenses in Washington will be charged as a gross misdemeanor. However, the circumstances surrounding your DUI offense will affect the type of charge brought against you.

Here are the aggravating circumstances that can lead to a DUI charge being classed as a felony:

• Multiple offenses – Repeated DUI offenses result in harsher penalties each time. A fourth DUI in a 10 year period will be charged with a felony.
• Severe injuries or fatalities – If a DUI incident causes harm or death to another person, it is classed as vehicular assault or vehicular manslaughter. Both of these charges are felonies.
• Child endangerment – A DUI incident with a minor under the age of 16 in your car can result in felony DUI charges.

What Happens During a DUI Investigation?

If you’re pulled over in Washington State, officers will look closely for signs that you may be driving under the influence of any substance. If they smell alcohol or believe that you seem impaired, you’ll be asked to get out of the car for further investigation.

Here’s what you can expect next⁶:

1. Field sobriety tests. The officer will use standard tests to assess your coordination, balance, and cognitive abilities. Your performance on these tests will be used as evidence in court if you are charged with DUI. Some officers will perform a breath test using a portable test kit at the scene.
2. DUI arrest. If the officer believes that your performance on the field sobriety tests shows impairment, you’ll be arrested for suspicion of DUI. The officer will drive you to the station for BAC testing and booking.
3. Breathalyzer and blood tests. At the police station, you’ll be asked to take a breathalyzer test. Refusing the BAC tests leads to harsher DUI penalties, as does blowing above a 0.15 BAC. However, you have the right to speak to an attorney before deciding whether to perform or refuse a test, and you should be informed of this right.
4. Post-booking procedure. After you’ve been booked, you may be kept in jail overnight or released the same day. You may be given paperwork at the time of release to give you instructions for your next steps, or you may receive notice of your court date by mail.

If you’re facing a DUI charge, consult an attorney promptly. You can even request to speak with a DUI attorney as soon as you are taken to the police station. The sooner you involve legal counsel, the better they’ll be able to guide you through the next steps of the process.

What Follows a DUI Arrest?

After a DUI arrest, you’ll go through a series of steps involving the court.

The exact process varies somewhat depending on the jurisdiction, but here’s a general idea of what to expect as the legal proceedings play out⁷:

1. Arraignment. At this stage, you’ll appear in court to hear the charges against you and enter your plea—guilty, not guilty, or no contest. It’s best to have an attorney’s advice before deciding about your plea. Finally, the judge will set conditions for your release. These may include bail, installation of an Ignition Interlock Device (IID), substance use counseling, prohibition of alcohol/drug use, learning Ignition Interlock violation penalties in Washington, etc.
2. Pretrial hearings. Your defense attorney will use these hearings to negotiate your charges. In some cases, they may be able to resolve your case at this stage with dismissal or a reduced charge.
3. License suspension. While the criminal case proceeds, the Department of Licensing moves forward with separate proceedings to suspend your driver’s license. This may or may not involve a hearing, depending on whether you requested one.
4. Evidentiary hearings and motions. At these hearings, the judge will hear arguments about the evidence that may or may not be presented at trial and decide what will be ruled admissible.
5. Trial. If your case cannot be resolved earlier, it will proceed to trial. This may be a jury trial, or a trial before a judge only. If you’re found not guilty, the DUI charges are dismissed. If you’re found guilty, the sentencing phase begins.
6. Sentencing. A guilty verdict means you’ll have a DUI conviction on your record permanently. The judge will set the terms of your sentence following the state’s sentencing guidelines.

Example: Minimum Penalties In Clark County for a First-Time DUI Conviction

If you have a clean driving record and there were no aggravating circumstances in your Washington DUI incident, the judge in your case may decide to impose penalties on the lighter end of the spectrum. However, there are some minimum DUI penalties the judge can’t waive.⁸

In Clark County and the rest of Washington State, the minimum penalties for a first-time DUI conviction depend on the results of your BAC test.

BAC below 0.15

If you blow less than a 0.15 on the breath test, or you are not given a test, you’ll face a minimum of:

• 24 hours in jail or 15 days of electronic home monitoring
• An additional day in jail if a minor under the age of 16 was in the car
• A minimum fine of $350 plus court fees
• 90-day suspension of your license
• Installation of an Ignition Interlock device for a period of 1 year

If your BAC was lower than 0.15, it may be possible to get your charge reduced from a DUI to reckless or negligent driving. This is an important distinction, because these charges can potentially be expunged (erased) from your record down the road. A DUI can never be expunged in Washington State.

BAC of 0.15 or Above

If you blow a 0.15 or above, or you refuse a test, the minimum penalties increase:

• 48 hours in jail or 30 days of house arrest
• An additional day in jail if a minor under the age of 16 was in the car
• A fine of $500 plus court fees
• License revoked for 1 year (2 years if BAC test was refused)
• Installation of an Ignition Interlock in Washington for a period of at least 1 year

Make IID Compliance a Breeze with Smart Start

If you’re charged with a DUI in Washington State, it’s very likely you’ll be required to have an Ignition Interlock Device (IID) installed in every vehicle you drive. But choosing a reputable, reliable IID company can make this process painless.

At Smart Start, we’ve helped over one million drivers get back on the road after a DUI, and we can help you too.

With same-day installation, straightforward pricing, and 24/7 customer support, we make driving with an IID simple. Dealing with a DUI is hard enough—let the experts at Smart Start guide you through the IID process with ease, so you can get back on the road and back to your life.

Sources: 

1. US Drug Test Centers. Worst states for DUIs. https://www.usdrugtestcenters.com/research-articles/14/worst-states-for-duis.html
2. King5. DUI crashes increasing in Washington, according to state patrol. https://www.king5.com/article/traffic/traffic-news/dui-crashes-increasing-washington/281-32af9e32-2c9f-401d-b4b7-8c79c779f043
3. Washington State Department of Licensing. Driving under the influence (DUI). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/dui-driving-under-influence
4. HG Legal Resources. DUI suspended license hearing – Recent legal changes in Washington State. https://www.hg.org/legal-articles/dui-suspended-license-hearing-recent-legal-changes-in-washington-state-54950
5. Washington State Department of Licensing. Ignition Interlock Driver License (IIL). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/restricted-driver-licenses/ignition-interlock-driver-license-iil
6. Burg and Lantz DUI Defense. Washington State DUI FAQ. https://www.duiwashington.com/washington-state-dui-faq
7. Wolff Defense. Washington state dui process. https://www.seattledui.com/wa-dui-process
8. Washington State Legislature. Alcohol and drug violators—Penalty schedule.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.5055