1. What are the minimum and maximum penalties for a first time DUI offense in Washington?
The minimum penalty for a first time DUI offense in Washington State is up to 90 days in jail and a fine of up to $1,000. The maximum penalty for a first time DUI offense is 364 days in jail and a fine of up to $5,000. Additionally, the court may impose additional penalties such as driver’s license suspension, higher car insurance rates, alcohol treatment classes, ignition interlock devices and community service.
2. What is the legal Blood Alcohol Content (BAC) limit in Washington?
The legal Blood Alcohol Content (BAC) limit in Washington is 0.08%.
3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Washington?
Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Washington. Refusing to take a chemical test can result in the suspension of your driver’s license and could lead to other criminal penalties.
4. How long does a DUI conviction stay on an individual’s record in Washington?
A DUI conviction in Washington can stay on an individual’s record indefinitely.
5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Washington?
No, there are no exceptions to the zero tolerance policy on underage drinking and driving in Washington.
6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Washington?
Yes. In Washington, it is illegal for anyone under 21 years of age to purchase, possess, or consume alcohol. A driver or any passenger in the vehicle who is under 21 years of age is prohibited from having any open container of alcohol in the vehicle.
7. Are there any ignition interlock laws in Washington?
Yes. Washington has an ignition interlock law. Drivers convicted of a DUI can be required to install an ignition interlock device in their vehicle as a condition of their license reinstatement. Interlock devices require the driver to submit a breath sample before the vehicle will start. If the breath test is positive for alcohol, the vehicle will not start.
8. What type of license suspension is issued for a DUI conviction in Washington?
In Washington, a DUI conviction results in an administrative license suspension or revocation. The length of the suspension/revocation depends on the individual’s blood alcohol concentration (BAC) at the time of arrest and/or if the individual has any prior DUI convictions. The suspension/revocation range from 90 days to 2 years.
9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Washington?
Yes. In Washington, individuals charged with a DUI are typically required to attend drug and alcohol classes or treatment programs as part of their sentence. Requirements may vary depending on the severity of the charge and the individual’s prior criminal history.
10. Does Washington have an implied consent law for chemical testing after a DUI arrest?
Yes, Washington state has an implied consent law for chemical testing after a DUI arrest. Under this law, any person who drives a motor vehicle in the state is considered to have given their consent to a chemical test of their breath, blood, or urine for the purpose of determining alcohol concentration or the presence of any drug. Refusal to submit to a chemical test can result in a one-year suspension of the driver’s license.
11. Are there any laws requiring sobriety checkpoints or roadblocks in Washington?
Yes, Washington State law does require sobriety checkpoints. The Washington State Patrol and local police departments may set up roadblocks to examine drivers for alcohol consumption, and they may also use such checkpoints to check for valid driver’s licenses, vehicle registration, and other traffic violations.
12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Washington?
Following a DUI conviction in Washington, the law imposes certain restrictions on the types of vehicles an individual may operate. Depending upon the severity of the DUI offense, these restrictions may vary. Generally speaking, individuals convicted of a DUI are prohibited from operating any commercial vehicle or any vehicle with an alcohol detection system installed in it, for a period of up to five years. Additionally, Washington law requires individuals convicted of a DUI to have an ignition interlock device installed on any vehicle they operate for a period of up to two years. Furthermore, certain violent offenders may be subject to additional restrictions on the types and models of vehicles they can operate.
13. Is it possible to have a DUI charge reduced to a lesser offense in Washington?
Yes, it is possible to have a DUI charge reduced to a lesser offense in Washington. This is done through plea bargaining, which is when the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.
14. What is the legal limit for open containers of alcoholic beverages while driving in Washington?
In Washington, it is illegal to have an open container of alcohol in a vehicle that is moving or parked on a highway. This includes both the driver and any passengers. If the driver is found to have an open container of alcohol, they can be charged with a DUI.
15. Does insurance coverage change after a DUI conviction in Washington?
Yes. After a DUI conviction in Washington, an individual’s liability insurance is subject to an increase in premiums, possible non-renewal or cancellation, and a required SR-22 filing with the Department of Licensing. Additionally, an individual convicted of a DUI will be required to purchase High Risk Insurance, commonly referred to as an “SR-22 insurance policy,” which provides additional liability coverage and is more expensive than a standard policy.
16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Washington?
No. Once an individual’s license has been revoked due to a DUI conviction in Washington, they are not allowed to drive and must apply for reinstatement before they can legally do so.
17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Washington?
Yes, there are laws in Washington that make it illegal to operate a vehicle without insurance after being convicted of a DUI. According to the Washington State Department of Licensing, “Any person convicted of a DUI or Physical Control must maintain proof of financial responsibility (insurance) for three years from the date of the conviction or have an Ignition Interlock Device (IID) installed in all vehicles registered in the person’s name.”
18. Is plea bargaining allowed for DUI cases in Washington?
Yes, plea bargaining is allowed for DUI cases in the state of Washington.
19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Washington?
In Washington, individuals have 30 days from the date of the mailing of the notice of suspension or revocation to request a hearing with the DMV regarding a driver’s license revocation for a DUI conviction.
20. Does Washington offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?
Yes, Washington does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. The state offers an Ignition Interlock Driver’s License (IIL) which is only available to those who have been convicted of a DUI. To be eligible for the IIL, the individual must first complete an Alcohol and Drug Evaluation (ADE), the Alcohol/Drug Education Traffic School (ADETS) program, and enroll in an approved Ignition Interlock Device (IID) program. The IIL allows individuals to continue to drive after a DUI conviction, but only with an IID installed in their vehicle.