Washington’s DUI Laws: Navigating the Road to Defense and Recover

If You Are Charged With DUI, What Are Your Rights?

What happens if you’re charged with DUI – driving under the influence – in or near the Tacoma area? The penalties, possibly including jail time, can potentially be quite harsh, so you must reach out to a Tacoma DUI lawyer as quickly as possible after a DUI arrest.

In 2024, police agencies in the State of Washington are aggressively enforcing DUI laws because DUI fatality figures have been rising. While 345 alcohol-related traffic fatalities were reported in this state in 2021, that figure rose to 389 in 2022 and 400 in 2023.

If you’re charged with DUI in this state, you must have the sound advice and trustworthy defense representation that a Tacoma DUI attorney will provide. Your attorney will work aggressively and effectively to bring your driving under the influence case to its best possible outcome.

Why is It Crucial to Avoid a DUI Conviction?

The possibility of jail is only one reason you must try to avoid a DUI conviction. After a DUI conviction, if driving is your job or essential to your work, you’ll likely need to find another way to make a living, and a recent conviction on your record may make that difficult to find.

Your car insurance rates will increase after a DUI conviction, and if you hold a professional license as a doctor, nurse, dentist, pharmacist, teacher, civil engineer, real estate broker, insurance broker, or even as a lawyer, your license could be suspended or revoked after a DUI conviction or you could face other harsh disciplinary actions..

If there were no injuries or property damage, a DUI charge can sometimes be reduced or entirely dismissed. Your case could be dismissed if the police violated your rights when they stopped, tested, or arrested you for DUI, or if your lawyer casts doubt on the breathalyzer test results.

What is Deferred Prosecution?

Some driving under the influence cases are resolved with a deferred prosecution, which defers a DUI case for five years. If the defendant completes two years of treatment, stays sober, and isn’t charged with any other offenses, the State of Washington dismisses the DUI charge after five years.

Not every driving under the influence defendant in the State of Washington will qualify for deferred prosecution. These are the requirements:

1. You have never been granted a deferred prosecution in the past.

2. You are diagnosed with a severe substance abuse disorder or with mental health issues.

3.  You must complete treatment and comply with all requirements set forth by the court.

However, violations of the program’s conditions and terms may trigger an immediate and automatic conviction. If you qualify for deferred prosecution, consider taking advantage of the help that is made available and the opportunity to avoid time in jail. Always consult with an attorney about your specific case and situation before deciding to use a deferred prosecution.

What if You Do Not Qualify for Deferred Prosecution?

If you do not qualify for deferred prosecution, and if the DUI charge can’t be dismissed, your Tacoma DUI lawyer may negotiate a plea deal. In a plea deal, in return for having the DUI charge amended, you’ll plead guilty instead to a different or lesser charge.

For example, if you plead guilty to negligent driving 1st degree, the maximum fine is $1,000, while the maximum fine for a DUI conviction is $5,000. Your license isn’t suspended, and the maximum jail time for a negligent driving conviction is 90 days, compared to 364 days for DUI.

Reckless driving is a more serious charge, but if you are offered a deal to plead guilty to reckless driving, a conviction entails no mandatory jail time, and your driver’s license is suspended for only thirty days, which is much better than a DUI conviction.

How Are DUI Convictions Penalized?

If you plead not guilty and your driving under the influence case goes to trial, you could receive an acquittal. You could also receive a conviction and face the maximum penalties, which include up to a year in jail and a fine of up to $5,000 for the first offense.

For subsequent DUI convictions in this state, the penalties are increasingly harsh. A fifth driving under the influence conviction within a ten-year period is a Class C felony that may be penalized upon conviction with up to five years in prison and a maximum fine of $10,000.

Every convicted DUI offender in the State of Washington also must have an ignition interlock device installed in his or her personal vehicle. Finally, if you decline to take a chemical test after a DUI arrest, you can be penalized with a one-year driver’s license suspension.

How Will a DUI Lawyer Defend You?

If your case goes to trial, your Tacoma DUI attorney has many ways to attack the government’s case, such as:

1. Your rights were violated during a traffic stop, search, arrest, or interrogation.

2.  The breathalyzer or blood test results were inaccurate, or the test was conducted improperly.

3. Another person was driving, and the police wrongly identified you as the driver.

If you are charged with DUI – whether you are innocent or guilty – you must be defended by an attorney who will fight aggressively and effectively for the best conclusion to your case, whether that means a dismissal of charges, a plea deal, a deferred prosecution, or an acquittal at trial.

Let South Sound Law Group Fight on Your Behalf

South Sound Law Group is a family-owned-and-operated law firm. If you are facing a driving under the influence charge in or near the Tacoma area, or if you face this charge in the future, South Sound Law Group will bring our considerable legal skills and experience to your defense.

South Sound Law Group has been fighting for our client’s for over forty years in the State of Washington. Our lengthy and impressive results for our clients speaks for itself.

South Sound Law Group will bring the best possible resolution to your case. If you’re charged with DUI anywhere in or near Tacoma, now or in the future, immediately call the South Sound Law Group at 253-465-2722. Your first legal consultation is provided without cost or obligation.