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Tacoma DUI Lawyers

The criminal justice systems in Washington and the other 49 states deal harshly with alleged offenses involving driving while under the influence of alcohol. Washington has some of the strictest DUI laws in the country, with possible penalties including license suspension, fines and incarceration. The burden of proof is on the state to show that a defendant had a blood alcohol content above the legal limit within the time period established by statute. Challenging this evidence is a key component of defending against a DUI charge. An experienced Washington DUI attorney can assist you in the defense of your case by closely reviewing the prosecution’s evidence and challenging their allegations wherever possible.

What Is Driving Under The Influence (DUI)?

Washington defines the offense of “driving under the influence,” or “DUI,” as driving while under the influence of an “intoxicating liquor or any drug,” or a combination thereof; or having a blood alcohol content (BAC) of 0.08 percent or more within two hours of driving. Police may test for intoxication with a blood or breath test, and the circumstances under which police may collect this evidence without a warrant is the subject of ongoing review in the courts.

Even if a driver’s BAC tests below 0.08 percent, a driver may still face a DUI charge if the state produces other evidence to show that the driver was impaired. Breath or blood samples collected more than two hours after the driver was behind the wheel may also be used as evidence in a DUI prosecution to show that BAC was at or above 0.08 percent during the two-hour period.

A driver may not claim a legal right to use a drug, such as a prescription, as a defense. State law does allow a driver, however, to claim that their BAC was below the legal limit while driving, but that they consumed more alcohol after driving and before administration of the breath or blood test.

What Is The Legal Limit For Alcohol In Washington State?

According to state law, a blood alcohol content (BAC) of 0.08 percent or higher within two hours of driving meets the definition of “driving under the influence.” BAC is a measurement of the amount of alcohol present in your bloodstream, as measured by a blood or breath test. BAC increases as a person continues drinking, and gradually decreases as the body metabolizes the alcohol.

Evidence of BAC over the legal limit is not required to convict a person of DUI, however, as state law only requires that a person be impaired by drugs or alcohol. Without BAC test results, or even with a BAC below the legal limit, prosecutors can use other evidence, such as witness testimony regarding unsafe driving.

What Criminal Cases Can The Tacoma DUI Attorneys At Vindicate Criminal Law Group Handle?

Our attorneys have a track record of successfully resolving DUI cases and can support accused clients with the following:

DUI first offense: First-time DUI offenses are gross misdemeanors that carry up to a year in jail and a minimum fine of $350.
DUI second offense: For a second DUI offense, accused individuals will face penalties similar to a first-time DUI offense.
DUI third offense: Third-time offenders could end up facing a minimum jail sentence of 120 days and a minimum fine of $1,000.
DUI fourth offense: A fourth DUI conviction can result in a maximum jail term of five years and fines of up to $10,000.
DUI minor in possession: Individuals who are over 18 and alleged to be in possession of alcohol can carry a 364-day jail sentence and fines of $5,000.
DUI defense: We can utilize common tactics to help you combat DUI charges and avoid jail time.
BAC levels for a DUI in Washington: The legal limit for BAC levels is 0.08 for adults, 0.04 for commercial drivers and 0.02 for adults under 21.
Alternatives to a DUI conviction: We can help qualifying clients avoid jail and be punished in alternative ways, including diversion programs.
Washington DUI: Refusal to take a blood or breath test: Violating implied consent laws can potentially lead to a loss of driving privileges and potentially additional penalties.
DUI driver’s license suspension: We can help drivers regain their driving privileges and have their license reinstated.
Restricted driver’s license: When convicted motorists have served their time, they may be able to drive again sooner by obtaining an ignition interlock device or occupational license.
Financial responsibility (SR-22): Our attorneys can guide you through the process of obtaining an SR-22 certificate to help you reinstate your license.

To receive immediate support for any of the following crimes, contact our experienced Tacoma DUI attorneys as soon as possible.

Levels Of Offense For DUIs

Most DUI offenses are a gross misdemeanor under state law. A DUI is treated as a class C felony, however, if the driver has at least four prior DUI convictions, one or more convictions for vehicular homicide, or one or more convictions for vehicular assault.

DUI As A Gross Misdemeanor

In Washington, most DUI offenses are prosecuted as gross misdemeanors. A gross misdemeanor typically carries a maximum sentence of 364 days in county jail, a fine of up to $5,000, or both. The specific sentence for a conviction of a gross misdemeanor DUI must take into account the driver’s BAC if such information is available, and any prior DUI offenses.

DUI As A Class C Felony

In certain circumstances, the law treats a DUI as a class C felony, which has a maximum possible sentence of five years imprisonment and a fine of $10,000. The state may prosecute an alleged DUI as a class C felony if the defendant:

Has at least three prior DUI convictions within the previous ten-year period;
Has a prior conviction for vehicular homicide while intoxicated;
Has a prior conviction for vehicular assault while intoxicated; or
Has an out-of-state conviction for vehicular homicide or assault while intoxicated.

A felony DUI charge is a significant crime to be up against. Our attorneys are skilled at battling DUI charges and can fight for you whenever needed.

Conviction Of DUI

Washington law defines DUI as the operation of a car or other motor vehicle while impaired by drugs or alcohol. Police often collect evidence of intoxication through blood or breath tests. If a driver’s blood alcohol content (BAC) tests at 0.08 percent or higher within two hours of driving, the law treats that as a DUI offense. In determining a sentence after a conviction for DUI, a judge must consider the defendant’s BAC, if that information is available, and any prior DUI offenses.

Sentencing With One Prior DUI Offense

For a second offense, a defendant with a BAC below 0.15 percent may receive a jail sentence of at least thirty days, plus up to one year and sixty days of home monitoring at the defendant’s expense. The fine may be between $500 and $5,000. With a BAC of 0.15 percent and up, the sentence must be at least ninety days, plus up to one year and ninety days of home monitoring. The fine must be between $750 and $5,000.

Sentencing With Two To Three Prior DUI Offenses

For a third offense, with a BAC below 0.15 percent, the jail sentence must be at least 90 days, with up to one year and 120 days of home monitoring; and the fine is between $1,000 and $5,000. A BAC of 0.15 percent or more could lead to a jail sentence of at least 120 days and a maximum of one year and 150 days of home monitoring, along with a fine of $1,500 to $5,000.

Sentencing With Three Or More Prior DUI Offenses

For a fourth offense, and any subsequent offense, the law treats it as a class C felony, with a sentence of up to five years in prison and a maximum fine of $10,000.

Sentencing With Other Prior Offenses

A defendant with a prior conviction for either vehicular homicide or vehicular assault while under the influence may also face sentencing for a class C felony.

Penalties And Sentencing For DUIs

The state can suspend a DUI defendant’s license while a case is pending, and the suspension may continue even if the case ends without a conviction. The state classifies this as an administrative proceeding separate from the criminal system, but it certainly seems like punishment to most defendants.

The penalty for a DUI conviction depends on the circumstances of the alleged offense. For DUI cases charged as gross misdemeanors, the maximum term of incarceration and fine varies depending on the defendant’s BAC and the number of prior DUI offenses. After a conviction for DUI, a driver must obtain an ignition interlock device for their vehicle, which prevents them from driving if their BAC is 0.025 percent or higher.

Will I Lose My License?

The state has the authority to suspend your driver’s license, even if you are not convicted of DUI. You may be required to purchase insurance, known as SR-22 insurance, as a condition of reinstating your license. A court may also order you to purchase an ignition interlock device, which contains a breath analyzer that prevents the car from starting if it detects alcohol above 0.025 percent.

What Is The Worst Possible Penalty For A DUI?

Most DUI offenses in Washington are prosecuted as gross misdemeanors, with a maximum possible jail sentence of 364 days and a maximum fine of $5,000. If you have prior DUI convictions, however, state law gradually increases the minimum possible penalty. If you have four prior DUI convictions, it is prosecuted as a class C felony, which carries up to five years imprisonment and a $10,000 fine.

Do I Have To Do A Breath Or Blood Test In Washington State?

You are not required to submit to a breath test or a field sobriety test, as the U.S. Constitution protects you from offering evidence against yourself. If you refuse such a test when requested by a police officer, however, the officer may arrest you and seek a warrant to perform a breath or blood test. Because of the way the body breaks down alcohol over time, police treat this sort of issue with urgency. Some law enforcement officers around the country have asserted a need to draw blood from a DUI suspect without a warrant, but the U.S. Supreme Court is considering whether this is permissible.

Options For Defending Against DUI Charges

A charge of driving under the influence, or “DUI,” can result in serious, life-changing penalties. You need the help of a Seattle, Renton or Tacoma DUI attorney who knows how DUI cases in Washington work. We have represented DUI defendants in Washington state for years, and have relied upon a wide array of defenses in order to challenge the state’s evidence, the legal basis for the DUI charge, and even the legal basis for the arrest or traffic stop itself. The circumstances of your particular case determine the type of defense we would use, so the information you provide to us is critical. Here are but a few of the ways we have successfully challenged DUI prosecutions:

Traffic Stop Was Unlawful

Most DUI cases begin with a traffic stop by a police officer. The officer must have had a reasonable suspicion that an offense had occurred, such as speeding or running a red light, for the stop to be lawful. Depending on the facts of your case, possible arguments include:

There was no radar or laser evidence of speeding and no evidence that the officer kept pace with the vehicle to confirm speed.
The officer could not have directly seen the vehicle run a red light or cross a center line.
A violation such as a cracked windshield or rearview mirror was not sufficient cause for a stop.
Cell phone use was not in violation of local law.

DUI Arrest Was Unlawful

An officer must have probable cause to believe a driver is (1) driving (2) while intoxicated in order to make an arrest. Depending on the facts of your case, possible arguments include:

If the officer could not have had probable cause for either of these elements, the arrest was unlawful.
Bloodshot eyes, by themselves, are not sufficient evidence of impairment, nor is the odor of alcohol.
Field sobriety tests are subject to challenge because they do not prove the level of impairment and often do not take factors like injuries or disabilities into account.

Breath Testing Was Inaccurate Or Unreliable

A breath test, or “breathalyzer,” which checks blood alcohol content (BAC), is subject to challenge for reliability due to the circumstances of the test or the condition of the equipment. Depending on the facts of your case, possible defenses include:

A medical condition, such as diabetes, or the presence of foreign objects in the mouth, such as orthodontics or chewing gum, could render the test unreliable.
Certain chemical exposures, like acetone or gasoline, can trigger a positive result for alcohol.
A suspect may “refuse” a test due to a physical condition like asthma, making the refusal inadmissible.
The officer did not change the mouthpiece between tests.
The officer did not perform maintenance or run diagnostics on the testing device, which was demonstrably malfunctioning.

Blood Testing Was Inaccurate Or Unreliable

If law enforcement officials tried to determine your level of sobriety through a blood test, they could have used faulty methods that make your sample inadmissible. Depending on the facts of your case, possible defenses include:

Improper blood draw: The technician failed to clean the injection area, use proper equipment or use the correct amount of anticoagulants in the blood vial.
Improper storage: Blood samples were not refrigerated properly, leading to spoliation.
Unreliable analysis: The technician did not draw a large enough sample, the testing equipment was improperly maintained, or the test itself was performed inadequately.

Blood Testing Was Unlawful

Because of its invasive nature, blood testing generally requires separate statutory authorization, a warrant, or the suspect’s informed consent. If a test was not authorized by statute or warrant, or if the officer failed to give required disclosures to the suspect before obtaining consent, the test could be ruled unlawful.

For A Free Consultation, Speak With Our Tacoma DUI Attorneys Today

The assistance of an attorney with knowledge of Washington’s legal system is critical to the defense of a DUI case. The Washington DUI lawyers at Vindicate Criminal Law Group have over 20 years of experience representing defendants charged with alleged DUI offenses in Seattle, Bellevue, Renton, Tacoma, Everett and elsewhere in Washington state. Contact us today online or at 855-898-2542 to schedule a confidential case evaluation.