(206) 866-6739

Linda Callahan | DUI Attorney

DUI Penalties

When a person is arrested for DUI, the first thing that crosses his or her mind are the penalties associated with a DUI charge and what they could possibly mean for his or her future.

 

In the state of Washington, DUI charges are aggressively prosecuted. We at Callahan Law, P.S., Inc. work to help shield our clients from being punished to the full extent of the law. A DUI conviction could easily disrupt a person’s life and damage his or her employment and housing prospects in the future.

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Serious Penalties for Those 21 and Older Include:

Breath or Blood Alcohol Test Result less than .150 or No Test Result
OR
Blood Test Result w/ any drug or w/ 5 nanograms of THC or more

No Prior Offense 1 Prior Offense w/ 7 years 2 Prior Offenses w/ 7 years
Min/Max Jail Time 1 Day/ 364 days 30 days/ 364 days 90 days/ 364 days
Electronic Home Monitoring (EHM) 15 days instead of jail 60 days mandatory 120 days OR a minimum of 8 additional days jail
Min/Max Fine (fees/ assessments, not including probation fees) $990.50 / $5k $1,245.50 / $5k $2,095.50 / $5k
License Suspension/ Revocation (Day for Day Credit given for administrative suspension/ revocation) 90 days 2 year revocation 3 year revocation
Diagnostic substance use evaluation and follow recommendations. Required Expanded Evaluation Required Expanded Evaluation Required

**Ignition Interlock Device Restriction required in all cases (first IID restriction at least 1 year; 2nd IID restriction at least 5 years; 3rd at least 10 years)**

Breath or Blood Alcohol Test Result .150 or Higher or Test Refused

No Prior Offense 1 Prior Offense w/ 7 years 2 Prior Offenses w/ 7 years
Min/Max Jail Time 2 days/ 364 days 45 days/ 364 days 120 days/ 364 days
Electronic Home Monitoring (EHM) 30 days instead of jail 90 days mandatory 150 days OR a minimum of 10 additional days jail
Min/Max Fine (fees/ assessments, not including probation fees) $1,245.50 / $5k $1,670.50 / $5k $2,945.50 / $5k
License Revocation (Day for Day Credit given for administrative suspension/ revocation) 1 year/ 2 years if test refused 900 days/ 3 years if refused 4 year revocation
Obtain diagnostic substance use evaluation and follow recommendations. Required Expanded Evaluation Required Expanded Evaluation Required

**Ignition Interlock Device Restriction required in all cases (first IID restriction at least 1 year; 2nd IID restriction at least 5 years; 3rd at least 10 years)**

For those who refused to take breath tests or who have prior DUI convictions, the penalties are more severe.

Don’t mistakenly assume that your case is hopeless.

Speak with our caring legal team about how you should proceed following an arrest.

Washington State DUI Laws

The DUI statute is codified at RCW 46.61.502:

(1) 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;
(a) And the person has, within 2 hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or
(b) The person has, within 2 hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

DUI License Suspension

Administrative (Civil) DOL License Suspension or Revocation (RCW 46.20.308)

If you are arrested for a DUI Washington State, and refuse the breath test, or take the test and blow .08 or higher, or a blood analysis results in a blood alcohol concentration of .08 or higher, or a THC (marijuana) concentration of 5 ng or higher, the Washington DOL is required to suspend (less than 1 year) or revoke (1 year or longer) your driver’s license administratively.

If you are 21 or older (limits differ for those younger and for commercial drivers) DOL will suspend or revoke your license if:

If either of these instances occurred, your license will be administratively suspended or revoked automatically (on the 30th day following your arrest) if you do not request an administrative hearing to contest the suspension or revocation, within 7 days of your arrest, unless blood sample taken. 

The length of an administrative suspension for an alcohol concentration of .08 or above, or for 5 ng or higher of THC, is 90 days. Refusing to take a breath test will result in at least a year-long administrative revocation. However, a second or subsequent DUI arrest with a refusal or a breath or blood alcohol result of .08 or higher within 7 years, will cause a 2-year administrative license revocation.

Keep in mind, the revocation period for those who refuse is always longer than for those who agree to breath or blood testing. This administrative license suspension or revocation is completely separate from the criminal charge you may face.  

Our knowledgeable and experienced lawyers can help keep you on the road.

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Meet our Team

Linda M. Callahan

Stephen P. Grant

Nathan G. Compton

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Washington DUI Attorneys

More than 30 Years of Experience

Focused on DUI Defense

Primarily focused on DUI law, our firm has more than 30 years of experience in defending accused drivers throughout Western Washington

Respected Author

Attorney Linda M. Callahan, our firm’s founder, is the published author of a widely respected and often consulted book on DUI law. She has a perfect 10 Avvo.com Rating. Under her direction, our firm provides knowledgeable and excellent legal representation to accused individuals.

We Know The Law

We stay up to date on legislative changes related to DUI and have an impressive track record of success. Should you choose to entrust us with your DUI matter, you can feel peace of mind in knowing that your rights will be protected.

We Author the DUI Manual Defense Attorneys rely on everyday for DOL Suspension Strategies.
Callahan Law PS Inc | Authors | Washington DUI Practice Manual

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If you or a loved one has been arrested for drunk driving, give us a call today to discuss your case.

Call us directly at (206) 866-6739 or click the button below for our online form:

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Contact one of our Experienced DUI Attorneys today and get the advice you need now.  Learn how to save your license and stay out of jail.

Linda M. Callahan - Best DUI Lawyer

With Offices in Seattle, Tacoma, Olympia and Shelton, we literally surround the Puget Sound.

81 S. Main St, Seattle, WA 98104

1107 Tacoma Ave S, Tacoma WA 98402

924 Capitol Way S, Suite 221, Olympia WA 98501

407 N 6th St, Shelton WA 98584

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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.  This web site is not intended to solicit clients for matters outside of the state of Washington.