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Last updated on July 8, 2025
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 Seattle DUI attorney can assist you in the defense of your case by closely reviewing the prosecution’s evidence and challenging their allegations wherever possible.
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.
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 unsafed driving.
Our attorneys have a track record of successfully resolving DUI cases and can support accused clients with the following:
To receive immediate support for any of the following crimes, contact our experienced Tacoma DUI attorneys as soon as possible.
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.
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.
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:
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.
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.
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.
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.
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.
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.
If you are convicted of a DUI offense in Washington state, the conviction will become a permanent part of your criminal history. The long-term ramifications of having a DUI on your record can be significant, potentially impacting your prospects for employment, housing and other essential aspects of your life. However, it may be possible to have your DUI conviction vacated after a certain period of time if you meet specific eligibility requirements. Our experienced attorneys at Vindicate Criminal Law Group can help you understand your options for managing the impact of a DUI conviction on your record in Pierce County and throughout Washington state.
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 and ignition interlock device for their vehicle, which prevents them from driving if their BAC is 0.025 percent or higher.
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 analyzed that prevents the car from starting if it detects alcohol above 0.025 percent.
No, DUI checkpoints are not legal in Washington state. The Washington State Supreme Court has ruled that sobriety checkpoints violate the state’s constitution, which prohibits warrantless searches and seizures. However, this does not mean that law enforcement cannot take action if they suspect a driver is under the influence. Police officers may still pull over drivers if they have probable cause to believe that the driver is impaired, such as observing erratic driving behavior. If you have been arrested for a DUI in Pierce County or elsewhere in Washington, our skilled attorneys can help you build a strong defense strategy to combat the criminal charges and minimize the legal penalties you may face.
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.
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.
Yes, it is possible to be charged with a DUI even if you are not actively operating a vehicle in Washington state. If you are in physical control of a vehicle while under the influence of alcohol or drugs, you can face DUI charges. Physical control means that you are in a position to operate the vehicle, even if you are not currently driving it. For example, if you are sitting in the driver’s seat with the keys in the ignition, you could be considered in physical control of the vehicle. This is known as a “physical control” DUI. At Vindicate Criminal Law Group, our knowledgeable attorneys can help you understand the specific circumstances of your case and develop a compelling defense strategy to fight against DUI charges in Pierce County and throughout Washington state.
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:
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:
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:
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:
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:
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.
The assistance of an attorney with knowledge of Washington’s legal system is critical to the defense of a DUI case. The Seattle DUI attorneys 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 253-300-4762 to schedule a confidential case evaluation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Carrie J. Fulton-Brown, who has vast legal experience as a criminal defense attorney.
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