DUI Frequently Asked Questions
Have you been arrested for DUI in Spokane?
You may have questions about what comes next, including what penalties you face and how the law views different circumstances surrounding DUI charges. Below, we have identified some of the most frequently asked questions that people may have about DUI law in Washington State. Be sure to contact your DUI attorney at Bugbee Law Office, P.S. today for assistance on how to begin building a strong defense to fight your charges!
What are the legal blood alcohol limits for DUI?
According to Washington law, the legal blood alcohol limit is:
- over 21 years of age is .08%.
- under the age of 21, the limit is .02%.
Why are you asked to take two different breath tests? Can I refuse the tests?
When you are pulled over by an officer on suspicion of drunk driving, they will administer a roadside breath test in order to determine whether there is probable cause to arrest you for DUI. The results of this test will not be seen in court, but the results of the second breath test given at the police station can be.
Because Washington has an “implied consent” law, it is not in the best interests of the offender to refuse these tests. Since they are seen as a condition for driving, your license may be suspended for one year if you refuse.
Can I lose my driver’s license for DUI?
Your license can be suspended if you are convicted of DUI. For a first offense, there is a 90-day to 1-year suspension. A second DUI offense carries a suspension of 2 years to 900 days. If there is a third DUI offense, your license may be suspended for 3 to 4 years. In all three cases, an ignition interlock device (IID) will be installed on your vehicle.
What is a marijuana DUI?
Driving under the influence of marijuana when you have a blood THC content of over 5 nanograms per milliliter of blood is grounds for this charge. This limit went into effect in response to marijuana decriminalization Initiative-502. Although there is still some controversy about how much is enough to impair your driving, especially if you are a regular user, the 5 nanogram limit applies for all people over the age of 21, even if you are a cannabis patient. Persons under the age of 21 are not permitted to have any THC in their system while driving. The consequences for a marijuana-related DUI are the same as those for an alcohol-related DUI offense.
What is a felony DUI?
In the state of Washington, if a person has committed 4 or more DUI offenses in the past 10 years, or has a previous alcohol-related vehicular assault or vehicular homicide conviction, they can be charged with felony DUI. Penalties for felony DUI can include a $10,000 fine and up to 5 years of jail time.
If I have been convicted of DUI, will I go to jail?
Depending on your number of prior DUI offenses and the severity of the offense, jail times will vary. Jail times are also dependent on whether or not your BAC was over or under .15%. First-time offenders can be jailed for a mandatory minimum of 24 hours and up to 1 year, 30 days to 1 year for second-time offenders, and 90 days to 1 year for a third offense.
What if I was lawfully prescribed my medication? Is it still DUI?
No matter where intoxicating drugs come from, you can still be charged with a prescription drug DUI if a blood test confirms an amount over the legal limit in your system. The same care must be observed while taking lawfully prescribed medications such as Xanax or Valium and driving, as with drinking alcohol and driving – your driving ability may be impaired in either circumstance. It is important to remember that this applies to medical marijuana prescriptions as well. It is important for every driver to be aware of their limits and exercise good judgment before getting behind the wheel.
Have any further questions not covered here? Contact the Spokane DUI attorneys at Bugbee Law Office, P.S. for more information.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2016 Bugbee Law Offices, P.S.