Will my driver’s license be suspended after a DUI arrest in WA State?

Your license will be automatically suspended 30 days after your arrest, unless you contest it. To contest a DUI license suspension, you or your attorney must submit a hearing request form to the Washington State Department of Licensing (DOL) within 7 days of the arrest date.

How long will my license be suspended for?

The length of the suspension depends on factors such as how your criminal case is charged and negotiated, whether or not you took a breath test, results from your DOL hearing, and the final outcome of your criminal case. If your lawyer negotiates the criminal case to a lesser charge, you may have a shorter suspension or avoid the suspension altogether. If your attorney wins the DOL hearing, you may also avoid a license suspension.

Do I have to go to alcohol or drug treatment?

All WA State DUI convictions, even those eventually negotiated down to a lesser offense, require you to undergo an alcohol or drug evaluation to determine if treatment is needed. An experienced WA DUI lawyer should be able to provide you with recommendations for evaluators and treatment facilities, based upon their experience with specific agencies and your needs. Your attorney can also help you find the paperwork that evaluators require, to ensure that you receive credit with the court for completing the evaluation.

Am I required to have an ignition interlock device?

Depending on your criminal history, you may need an ignition interlock device as early as your first court appearance. If your driver’s license is suspended, you could be eligible for an ignition interlock license, which must be applied for through the Washington Department of Licensing. However, you should not apply for an ignition interlock license before consulting with an attorney, since it waives your right to contest your license suspension.

Is a DUI a misdemeanor or felony in WA State?

If this is your first DUI, it is likely a gross misdemeanor. However, felony DUI charges can be filed if you have multiple Driving Under the Influence convictions or if someone is injured in an accident that is believed to be caused by your intoxication level. There are mandatory minimum penalties for a first time DUI offense in Washington State.

Will a DUI result in jail time?

A first time DUI conviction in Washington State can require jail time of 1-2 days. However, there are ways that a good attorney can negotiate jail time. For example, your lawyer may be able to arrange for a jail alternative or credit. They may also be able to negotiate a case dismissal or reduced charge that does not require jail time. No attorney can guarantee specific results, but the risks and rewards of a successful jury trial should be discussed with your attorney.

Do I need high risk (SR-22) auto insurance if my license is suspended?

If your license is suspended due to a DUI arrest and you want to drive, you will be required to purchase a SR-22 certificate of financial responsibility for 3 years. This would be purchased from an auto insurance company, who then files the SR-22 certificate with the WA State Department of Licensing.

Do I need a DUI attorney or can I handle this myself?

At the very minimum, you need an attorney who can navigate you through a complex legal system. However, it is a good idea to hire a law firm that will do more than the minimum.

At The DUI Law Firm, we are advocates for our clients, which means that we will do everything in our power to make sure you get the best outcome possible. The great majority of first time DUI cases that we defend result in an outcome that avoids a DUI conviction.

We have an attorney available (by phone) 7 days a week to answer your questions and provide you with a free consultation. We fight for clients in courtrooms throughout Pierce, King, Thurston, Snohomish, and Kitsap County.

Attorney Profile

DUI Dismissal Case Results – Washington State
Numerous DUIs dismissed due to:
  • Motions arguing that probable cause was not established
  • Medical issues that caused inflated breath test results