The State of Washington considers Driving Under the Influence [DUI] a serious crime.  The drive home after a social engagement or celebration can result in harsh consequences and severe lifestyle restrictions.  The government can convict an individual of DUI under two legal theories.  The prosecutor can secure a guilty conviction if they establish the defendant provided a breath or blood sample with a reading of .08 or higher, or if they prove the defendant was operating their motor vehicle while under the influence of intoxicating liquor or drugs. 

Some prosecuting agencies will file criminal charges against individuals that provide a breath or blood sample lower than the .08 limit because the individual appeared under the influence through subjective observations of the arresting police officer. 

A conviction for DUI will require the defendant to serve mandatory penalties.  The defendant will spend time in jail, lose their driving license privilege and will be subjected to probation conditions that can severely limit or inconvenience your daily activities.  A DUI conviction will greatly affect your finances, occupation and can disrupt your family.   

A DUI arrest can also begin a civil administrative legal action initiated by the Department of Licensing [DOL].  The administrative action is separate from the criminal proceeding.  If an adult defendant provides a breath or blood test sample of .08 or higher, or refuses the evidentiary breath or blood test, DOL will seek to suspend or revoke your driving license privilege.  DOL will initiate the same proceedings against a minor that provides a breath or blood sample of .02 or higher, or refuses the evidentiary breath or blood test. 

The suspension or revocation period can last from 90 days up to two years.  Upon license reinstatement, DOL will require you carry costly high risk insurance for three years.  It is vital you learn more about this process by discussing your situation with an experienced attorney of Kennedy & Berner, LLP.