What is Driving Under the Influence?
Driving Under the Influence (DUI) (RCW 46.61.502) is when a person drives a vehicle while under the influence of drugs or alcohol. Physical Control (RCW 46.61.504) is a crime similar to DUI and is when a person is in “actual physical control” of a vehicle while under the influence of drugs or alcohol, for example sleeping in a parked car. There is a defense to the crime of Physical Control called “safely off the roadway” and our DUI attorneys will discuss if that defense is applicable to your unique situation during your free consultation.
A person is legally “under the influence” if any of the following apply:
they are impaired by drugs (even if prescribed) or alcohol to an extent that their “ability to drive a motor vehicle is lessened in any appreciable degree”
they have a blood alcohol concentration (BAC) of .08% or greater, or
they have a blood concentration of 5ng/ml or more of THC (active competent of marijuana)
Will My License be Suspended?
If you are arrested for DUI or Physical Control, the Washington Department of Licensing will administratively suspend your license, regardless if you’re charged or ultimately win the criminal case. This suspension is typically for 90 days (1 year if you refuse a breath test). You have the right to contest the administrative suspension but you only have 7 days after your arrest to request a DUI hearing. Our DUI attorneys can help you fight to keep your license and will discuss this in more detail during your free consultation.
If you are convicted of DUI or Physical Control, the conviction will trigger another license suspension separate and apart from the administrative suspension discussed above. Our DUI attorneys will discuss this and the other possible penalties of a conviction in more detail during your free consultation.
You may still be eligible to drive, even though your license is suspended, as long as you get a restricted license with the Washington Department of Licensing. Our DUI attorneys will walk you through the steps to get a restricted license during your free consultation. You can also check out information about getting a restricted license on our website by clicking here.
Why choose us?
Our firm has been in business since 1992 and has represented thousands of people charged with driving under the influence and physical control in courts all throughout Washington. We have a proven track record of not only getting cases dismissed or reduced but winning cases at trial. Our attorneys are some of the most experienced DUI trial attorneys in Washington. While no attorney can guarantee a result, we will ensure that you receive the best possible defense we can provide and make sure you know all your options.
Free Consultation
We always offer a free consultation for prospective clients. There is no obligation to hire our firm after the free consultation. At our first meeting, we will discuss the specifics of your case and answer any questions you may have.