What you need to know about your DUI charge
Charge with a DUI? Contact The Curtis Firm for a Complimentary Strategy Session.
Driving under the influence (DUI) of drugs or alcohol is generally a "gross misdemeanor" in the State of Washington. When other circumstances exist, the offense can also be considered a felony. Even when a DUI remains a misdemeanor, the penalties can be significant. They will greatly impact your finances, your freedom, and your life. An experienced lawyer will have a huge impact on the outcome of your case.
James Curtis is a former deputy prosecutor servicing clients from Seattle to Tacoma who will fight to keep your professional and personal life intact.
DUI Resources:
Is my First Time DUI a Misdemeanor?
To be convicted of a Washington DUI charge, the prosecutor has to prove each of the elements of the offense beyond a reasonable doubt. These elements include that you either:
- operated a motor vehicle and your breath or blood test resulted in a blood alcohol content (BAC) level of 0.08 percent or higher within 2 hours of driving (DUI per se); or
- operated a motor vehicle while affected by drugs, alcohol, or any combination of the two.
The prosecutor must prove that you were either operating the vehicle (e.g., driving) or had physical control of the vehicle.
Physical Control of a Motor Vehicle
"Actual physical control" is not defined in the Washington statutes. However, case law has led to some examples of physical control that are commonly charged in Washington DUI cases:
- a driver sitting in the driver's seat with the keys in the ignition;
- a driver in the driver's seat when the car is out of fuel;
- a passenger who grabs the steering wheel of a car (even for a short time); and
- a driver passed out or asleep in the driver's seat with the car parked on a road and the keys on the floor of a vehicle.
When a prosecutor attempts to charge you with "physical control" rather than driving a motor vehicle, you can raise the defense of "safely off the roadway." A person is safely off the roadway when the location of the vehicle is not on a Washington roadway, including the:
- curb,
- side of the road, or
- median.
On the contrary, if a car is on the road, side of the road, or middle of the road, this is not "safely off the roadway." This defense must be proven by a preponderance of the evidence by the defendant.
Simple Misdemeanor vs. Gross Misdemeanor DUI
Most cases of DUI in Washington are considered "gross misdemeanors" and are subject to the penalty ranges associated with them.
A DUI may be a simple misdemeanor for an under-21 DUI within the 0.02% to 0.08% range and in other limited circumstances.
Washington DUI law can be very complex. If you have questions about the nature of your specific case, an experienced Washington DUI attorney can help.
What is considered a Felony DUI Charge?
A Washington DUI may instead be a felony charge if any of the following are true:
- this is your 4th DUI arrest within a 10-year period;
- you have a prior conviction for a felony DUI; or
- you were previously convicted of a DUI-related vehicular assault or vehicular homicide.
A felony DUI carries enhanced penalties. These penalties can be very severe depending on your case.
What are the Penalties for Misdemeanor DUI?
Penalties for a misdemeanor DUI in Washington depend on a number of factors, the most important of which is the number of times you have been charged with DUI within a 10-year period. The possible penalties are outlined below.
First Offense DUI
If a person is convicted of his or her first DUI offense, the following penalties as outlined in the below table may apply.
First Offense DUI |
BAC less than .15% (or no test result) |
BAC .15% or higher OR refused test |
Minimum Jail Time or Electronic Home Monitoring (EMH) |
24 consecutive hours OR 15 days EMH |
48 consecutive hours OR 30 days EMH |
Maximum Jail Time |
364 days |
364 days |
Fines |
$823 - $5,000 |
$1,015 - $5,000 |
Driver's License Suspension |
90 days |
1 - 2 years |
Ignition Interlock Device |
1 year following suspension |
1 year following suspension |
Alcohol/Drug Assessment |
Required |
Required |
Probation |
5 years |
5 years |
Second Offense DUI
If a person is convicted of a second DUI offense within 7 years, the following penalties as outlined in the below table may apply.
Second Offense DUI |
BAC less than .15% (or no test result) |
BAC .15% or higher OR refused test |
Minimum Jail Time |
30 consecutive days |
45 consecutive days |
Maximum Jail Time |
364 days |
364 days |
Electronic Home Monitoring (EHM) |
60 days |
90 days |
Fines |
$1,015 - $5,000 |
$1,405 - $5,000 |
Driver's License Suspension |
2 years |
900 days - 3 years |
Ignition Interlock Device |
5 years if previous use of device |
5 years if previous use of device |
Alcohol/Drug Assessment |
Required |
Required |
Probation |
5 years |
5 years |
Third or Subsequent Offense DUI
If a person is convicted of a third or more DUI offense within 7 years, the following penalties as outlined in the below table may apply.
Third Offense DUI |
BAC less than .15% (or no test result) |
BAC .15% or higher OR refused test |
Minimum Jail Time |
90 consecutive days |
120 consecutive days |
Maximum Jail Time |
364 days |
364 days |
Electronic Home Monitoring (EHM) |
120 days |
150 days |
Fines |
$1,805 - $5,000 |
$2,605 - $5,000 |
Driver's License Suspension |
3 years |
4 years |
Ignition Interlock Device |
10 years if previous 5-year restriction |
10 years if previous 5-year restriction |
Alcohol/Drug Assessment |
Required |
Required |
Probation |
5 years |
5 years |
Can I beat My DUI DUI Charge?
Just because you are charged with a crime, does not mean that you are guilty of a DUI. There are defenses that can be raised on your behalf to protect your rights, including but not limited to:
- Challenging Blood and Breath Tests: Blood and breath tests are not always accurate and must be performed correctly. They can be challenged to present a strong defense.
- Challenging Field Sobriety Tests: Field sobriety tests are notoriously inaccurate and can be challenged in court.
- Unconstitutional Stops or Searches: When a traffic stop is made unconstitutionally or an unconstitutionally performed search results in evidence against you, that evidence can be suppressed, resulting in reduction or dismissal of the charges against you.
- Beyond a Reasonable Doubt: The prosecutor is required to prove your guilt beyond a reasonable doubt. If he or she fails to do so, you are innocent.
Contact Our Expert DUI Lawyers
If you or someone you care about has been arrested for misdemeanor DUI in Washington, you should contact the best DUI attorney to defend your case and protect your constitutional rights.
Experienced Seattle-Tacoma area DUI attorney James Curtis at The Curtis Firm is affordable and will deliver the results you need. Contact us today for a consultation.