A person is charged with driving under the influence (DUI) if the alcohol concentration in the person’s blood is 0.08 or higher, and/or the THC concentration in the person’s blood is 5.00 or higher. Depending on the circumstance, a DUI charge can range from a Gross Misdemeanor up to a Class B Felony. It is important to note, that when a person is charged with a DUI, they are being prosecuted by two different government entities: the prosecutor in the county where the offense occurred and the Washington Department of Licensing.
These two prosecutions are independent of each other. Morgan Law regularly defends clients from both the allegations of the prosecutor and the Department of Licensing, while keeping clients informed of a very complicated situation.
Prosecution by County
A charge for DUI will be filed by the prosecutor, in the county where the offense occurred. If convicted of a DUI a person may be sentenced to time in jail, their license will be suspended for a period of time, they will be required to seek treatment, they will be fined, and they may be placed on probation for up to five years. Once a person reinstates their license after suspension, they will be required to have an ignition interlock installed in their vehicle for a minimum of one year and be required to carry high risk insurance.
It is important to note that a person cannot avoid an ignition interlock through the absence of driving or the claim of a shared vehicle. For example, if a person chooses not to drive for three years and finally reinstates their license, they will still be required to install the ignition interlock for the period of time specified in their conviction, for any vehicles that will be driven by them -including work vehicles.
Department of Licensing
The Washington State Department of Licensing (DOL) initiates license suspension proceedings independent of the criminal charge for DUI. A person charged with DUI must take care to comply with the requirement of making a timely request with DOL for a hearing to contest any administrative license suspension or revocation sanctions. This proceeding is extremely time sensitive. If a person fails to request a hearing within seven (7) days of the offense, they waive the ability to request a hearing.
Driving Offenses
While many driving infractions are civil and result only in monetary penalties, certain driving offenses are classified as misdemeanors or even felonies -carrying the potential for jail time, license suspension, and a lasting criminal record. Some of the most common criminal driving offenses include:
- Reckless Driving
- Negligent Driving First Degree
- Hit and Run Attended
- Driving While License Suspended
- No Valid Operator’s License
- Failure to Title Vehicle Within 45 Days
Morgan Law treats criminal traffic charges with the same seriousness and dedication as any other criminal case. We build strong, strategic defenses to protect your record and your ability to drive.
Click here to learn how we can help you with traffic infractions.