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DUI Frequently Asked Questions

Spokane DUI Lawyers

When facing a DUI, you probably have many questions. We have created this section of the site to help give you the answers you're looking for and to help set your mind at ease. Check back often as we will be updating this section of the site regularly!

Call (509) 252-9167 if you need legal assistance with a question that is not covered here.

  • Is it a defense to a drug DUI charge that the medication was lawfully prescribed?
    It is not a defense to a drug DUI that the medication was lawfully prescribed. This is true for prescribed narcotics such as hydrocodone, OxyContin, morphine, Xanax, and Valium, but also true with respect to prescribed marijuana. It is important for a patient to know his or her limits. Twenty years ago drug DUI charges were rare, and a driver impaired by narcotics would most likely just face a minor charge of negligent driving. However drug DUI charges are becoming more and more common. A driver suspected of being impaired by prescribed drugs usually faces a blood test which is usually administered at a hospital. It can take several months for the blood test results to be completed.
  • What is a felony DUI in Washington State?
    A DUI can be charged in Washington State if the defendant has 4 or more DUI convictions in the last 10 years, or has been previously convicted of an alcohol-related Vehicular Assault or Vehicular Homicide. The legal definition of "prior offenses" includes DUI charges that were pled down to Negligent Driving First Degree, Reckless Driving, and Reckless Endangerment. The definition of "prior offenses" also includes deferred prosecutions, and out-of-state convictions. The sentencing range for this offense is up to five years in prison, and a ten thousand dollar fine.
  • What is a marijuana DUI in Washington State?
    A "marijuana DUI" is operating a motor vehicle while your ability to drive is impaired, or when the driver has a blood THC level of over 5 nanagrams per milliliter. The legal limit of 5 nanograms went into effect in Washington State as part of the marijuana decriminalization initiative 502. The law is controversial because the science is unclear if THC in that amounts would truly impair a person's ability to drive if they were a regular user of marijuana. Detecting impairment due to marijuana can be very hard. The probable cause to test a person's blood is often based on specious reasons like a supposed "green tongue." Often times the police will target younger people, or racial minorities with questions about marijuana use. If the officer suspect marijuana impairment, a blood test is usually required. For drivers under 21 it is illegal to have any amount of THC in one's blood while driving. The 5 nanogram limit applies both to recreational users of marijuana as well as cannabis patients. The penalties for a marijuana DUI are the same as an alcohol related DUI.
  • Why are you asked to take two different breath tests for a DUI in Washington State?
    Many people arrested for DUI in Washington State are confused by the fact that the police officer asked them to take a road-side breath test and also a different breath test once at the police station. The first test is referred to as a portable breath test or "PBT." Taking the PBT test is completely voluntary, and the results of the test are not admissible at a trial. Although the jury will never hear about PBT test results, the test results can be considered by the judge in determining whether there was probable cause to arrest you for DUI. Once you are at the police station, you will be asked by the arresting officer to blow into the BAC instrument. This instrument looks much like a computer with a hose and mouthpiece attached. The results of this breath instrument are usually admitted into court. Additionally, under Washington law, a driver "consents" to taking this test as a condition of driving, and if you refuse this test the department of licensing will suspend your license for 1 year.
  • What are the legal limits for a DUI if a person is under the age of 21?
    To be convicted of a DUI in Washington State, the prosecutor must show that an individual was over .08 or that his or her ability to drive was affected by the alcohol consumption. This is true regardless of the age of the driver. However, if a minor drives a motor vehicle with a breath alcohol content over .02, he or she can be convicted of the different, less serious crime of Minor Operating Motor Vehicle Over .02. This offense is simply a misdemeanor whereas DUI is a gross misdemeanor. This lesser offense does not carry minimum jail time or fines. If a minor drives with a BAC of over .02, DOL will usually impose a license suspension of 90 days, or longer if the driver was under 18.
  • How long will I lose my driver's license for a DUI in Washington State?
    The length of a license suspension in Washington state varies depending on how high the breath test was, how many prior offenses there are, and whether the suspension is based on a court action or a Department of Licensing administrative action. The calculation of the duration of the suspension can be complex. A first time offender with a breath test under .15 can expect a license suspension of 90 days. If a person's breath alcohol level is over .15, the license suspension is for 1 year. For a second offense DUI under .15, the license suspension is 2 years. For a second offense DUI with a breath test over .15, the period of suspension is 900 days. The Department of Licensing usually allows drivers to obtain an Ignition Interlock License or an Occupational Restricted License.
  • How Much Jail Time Will I Serve for a DUI Charge in Washington state?
    The length of a jail sentence in Washington state depends on the number of alcohol related prior offenses, and the seriousness of the pending offense. A first time offender with a breath test under .15 will face a mandatory minimum of 1 day in jail. That same first time offender will face a 2 mandatory minimum sentence if his or her breath reading was over .15. Second time offenders will face either a 30 day or 45 day minimum jail sentence depending on whether his or her breath reading was under or over .15. If the case involves a plea reduction to a lesser offense, than the mandatory minimum sentences do not apply.