Answers to the most common questions about DUI charges, penalties, and defense strategies in Washington State.
Free Case EvaluationAn arrest for a Washington DUI is an overwhelming and typically foreign experience. Below is a list of common frequently asked questions that we are asked regularly by those accused of DUI.
Time-Sensitive: Request Your DOL Hearing Promptly
After a DUI arrest, you have a limited window to request a Department of Licensing hearing. The hearing costs $375 and must be requested within 20 days of your arrest. Consulting an attorney immediately after your arrest is critical to protecting your driving privileges.
The Implied Consent Law (RCW 46.20.308) establishes swift consequences for DUI arrests in Washington State. The legislature has found that "previous attempts to curtail the incidence of driving while intoxicated have been inadequate" and this law is "intended to convey the seriousness with which the legislature views this problem."
Statistics from January 1, 2009 through August 2009 showed that out of 9,697 DOL hearings, 1,926 resulted in dismissals — a 19.87% success rate. By the end of 2013, the success rate for drivers requesting hearings had modestly increased to 23%. Drivers enter these hearings at a severe disadvantage.
If the hearing is unsuccessful, you may apply for an Ignition Interlock License (IIL). The $375 hearing fee and the tight request window from arrest make immediate attorney consultation critical.
Yes. The arresting agency significantly impacts how your case is prosecuted. Washington State Trooper and County Deputy arrests go to the County Prosecutor, while municipal officer arrests proceed through municipal court.
Prosecuting agencies treat DUIs non-uniformly. Similar cases with identical fact patterns and breath test results can yield different outcomes across jurisdictions. Some prosecutors more readily accept plea bargaining than others.
State-certified agencies conduct evaluations for anyone convicted of an alcohol-related driving offense (DUI or reduced charges). The evaluator will need a copy of the police report, breath or blood report, your criminal record, and driving record.
Before the evaluation meeting, you will be required to complete a urinalysis, the MAST/DAST screening tests (Michigan Alcohol Screening Test with 22 questions and Drug Abuse Screening Test with 20 questions), an alcohol/drug history questionnaire, and discuss family addiction history and alcohol and drug use patterns.
The evaluator will assign one of three diagnosis levels:
| Level | Diagnosis | Treatment |
|---|---|---|
| Level 1: NSP | No Significant Problem — insufficient evidence of abuse | Typically one 8-hour alcohol/drug information school |
| Level 2: SP1 | Significant Problem Level 1 — tendency to misuse/abuse but not addicted | 6–12 months of group and individual counseling 1–2 times weekly, complete drug abstinence, random urinalysis |
| Level 3: SP2 | Significant Problem Level 2 — alcohol/drug dependent | 9-month intensive outpatient or 21–28 day in-patient program plus outpatient follow-up; up to 2-year treatment program |
The SP2 two-year treatment program includes Phase 1 (72 hours of group/individual treatment over 8–12 weeks), Phase 2 (six months of weekly sessions), and Phase 3 (monthly sessions lasting 15 months). All phases require complete alcohol and non-prescribed drug abstinence, random urinalysis, and twice-weekly AA/NA attendance proof.
We advise consulting an attorney before obtaining an evaluation. Evaluations cost between $75 and $200, and agencies sometimes classify individuals in ways that lead to unnecessarily long-term treatment commitments.
Never Plead Guilty Without Consulting an Attorney
Common shame or guilt following a DUI arrest should never lead to an immediate guilty plea without experienced attorney consultation. Evidence may exist that was unlawfully gathered, or regulations and protocols may not have been followed — warranting suppression. Pleading guilty seals your fate permanently.
DUI cases almost never get dismissed outright. Dismissals typically occur through constitutional or jurisdictional challenges, or through trial acquittals.
However, deferred prosecution provides dismissal after five years if: the court finds alcohol or drug addiction per a state-certified agency, the defendant completes a two-year treatment program, maintains complete alcohol and mood-altering drug abstinence during treatment and for three years following completion, and all program terms are followed precisely. After five years of successful completion, the charges are dismissed.
Statutory mandatory minimums require incarceration if convicted. First offenses may allow house arrest in lieu of jail. Charges reduced to lesser offenses (negligent driving first degree, reckless driving) carry no statutory jail requirements, though judges retain discretion.
Variables affecting outcomes include:
Plea agreements may specify no jail time, but judges retain final sentencing authority despite prosecution agreements. We have resolved numerous first-offender cases through negotiated pleas to reduced charges without jail time, frequently substituting community service or work crew sanctions. Every case is different, and jail time guarantees cannot be provided, but consultations provide educated opinions based on experience regarding likely outcomes.
We charge flat fees covering everything from the DOL hearing through final criminal charge resolution, including jury trials. No additional fees apply. Variables such as the particular case facts, charging court jurisdiction, past driving and criminal record, and breath test results affect the fee amount.
Washington DUI attorneys generally charge between $1,500 and $10,000. Quality of representation correlates with pricing, and our fees are competitively priced relative to our experience and community reputation.
Yes, through the statutorily created Ignition Interlock License (IIL). To obtain an IIL, you must:
Important: IIL Application Affects Your Hearing Rights
Post-arrest IIL application can occur immediately and before your administrative hearing, but doing so forfeits your hearing rights. Consult an attorney before applying for an IIL. Drivers with vehicular assault or homicide convictions, or those designated as habitual traffic offenders (HTO), are ineligible. Most other drivers qualify for immediate IIL application.
Yes. The Washington DUI statute (RCW 46.61.504) allows charges when you are under the influence of alcohol or drugs to the extent that your driving is affected to any appreciable degree, regardless of breath test results. The prosecution can rely on evidence including driving behavior, your appearance and demeanor, admissions to drinking or drug use, and field sobriety test results.
Contact an attorney immediately after your arrest. During the consultation, the attorney will obtain your background information, ask incident-specific questions, discuss applicable law, and explain the case-specific process. You will leave the consultation with a clearer understanding of your situation and what to expect going forward.
Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 to schedule an immediate confidential consultation.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.