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Washington State DUI Penalties

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    Determining DUI

    • In order to be arrested for a DUI, the police officer that stops you must believe that you are under the influence of a mind-altering substance. In order to do that, he will test you in a variety of ways. He will ask you to step out of your vehicle after you show him your license and registration. He will ask you to perform a battery of physical tests that will help determine your likelihood of being intoxicated. These are called sobriety tests, and include skills like balance, cognition, and time orientation. He will also give you a test to determine blood alcohol content (BAC). This is a test performed by you blowing into a tube and it will automatically measure the alcohol content in your body. If it is over the legal limit of 0.08%, he will likely charge you with a DUI violation, and take you to jail.

    First Offense

    • While officials do not wish to completely let a person with a DUI off scot-free, the consequences for the first offense are considerably less than those with multiple violations. This is in hopes that you will learn from your mistake the first time and not repeat the mistake again. If you are found guilty of a DUI with a BAC of less than 0.15%, you will likely face 24 hours jail time, 90 day license suspension, an interlock device that will not allow your car to start if you have alcohol in your system, a large fine, and possible mandatory counseling. If your BAC is over 0.15% or you refuse a test, they will increase your fines, jail time, and license suspension and add electronic home monitoring for up to 30 days.

    Multiple Offenses

    • Washington State comes down hard on multiple offenders, and their punishments are considerably more severe. Depending upon how many prior offenses you have had within a seven-year time period, your jail time for repeating a DUI offense can be up to 120 days in jail, 150 days of electric home monitoring, large fines of over $2,000 and a license suspension for up to four years. Your punishment will be determined by your BAC at the time of arrest, your prior history, and whether or not you comply with testing.

    Your Rights

    • As a person facing a conviction, you have several rights that you can exercise during the process. When being stopped for a DUI, you have the right not to answer any questions that they ask. You have the right to speak to your attorney, and refuse search, sobriety testing, or BAC testing. You also have the right to another test that may challenge the results of the test performed by the police officer. If you are charged, you have rights in court that protect you from accepting guilt. This means a right to an attorney (hired or court-appointed), the right to plead not guilty, the right to jury trial and the right of presumed innocence, among other judicial rights.

    Legal Assistance

    • If you are faced with a DUI charge, you can contact a DUI attorney to help you with your case. They are trained attorneys that can help to dispute your case in court, using a variety of methods. This is not a guarantee that your case will be dismissed, but an attorney can often get the jury and judge to lessen the charges and penalties associated with a DUI conviction. Hiring a criminal attorney is beneficial if you feel that you cannot argue your case proficiently in court.

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