Spokane DUI Lawyer
Aggressive Defense Against DUI Charges in Spokane County
In the state of Washington, DUI charges carry harsh penalties. If you are convicted, you may face an array of penalties, including the loss of your driving privileges. Furthermore, you will have a permanent criminal recordwhich can affect future matters such as renting an apartment, getting a job, or obtaining educational aid. That is why it is imperative that you turn to a trusted Spokane DUI lawyer who can analyze your case, search for legal and technical errors, and fight for the best possible outcome in court.
At Phelps & Associates, we have a long history of proven results in criminal defense matters. Our Spokane DUI attorneys and case managers will all be working on your behalf. We know the statutes, the procedures, and how to combat charges with thorough investigation and the application of the law. We can use all of our legal skills and experience in your case.
Are you facing a DUI charge in Washington? Call Phelps & Associates today at (509) 620-0606 or contact us online to schedule a meeting with our DUI attorney in Spokane!
DUI Laws in Washington
In Washington State, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or any combination of the two. The state's DUI laws set strict limits on blood alcohol content (BAC) levels for drivers, with a limit of 0.08% for adults and 0.02% for drivers under 21. Washington also has a "per se" DUI law, which means that a driver can be charged with DUI even if they do not exhibit signs of impairment, as long as their BAC is above the legal limit.
Additionally, Washington has an "implied consent" law, meaning drivers lawfully arrested for DUI must submit to a blood or breath test to determine their BAC. Refusal to take the test can result in additional penalties, including the suspension of the driver's license. These strict DUI laws in Washington reflect the state's commitment to promoting safe driving and reducing the incidence of drunk driving accidents.
You can be arrested and charged with DUI if:
- Your blood THC (marijuana) level is 5.0 ml or above
- Law Enforcement witnesses impaired driving abilities
- Are in physical control of a vehicle, behind the wheel with the keys in the ignition (vehicle doesn’t have to be in motion)
- Including prescription drugs, over-the-counter drugs (sleep aids, allergy medicines), etc.
For commercial drivers, the legal BAC limit is .04 percent or higher. For those under 21, it is .02 percent or higher.
What are the Penalties for a DUI in Washington?
DUI penalties in Spokane include jail time, fines, fees, surcharges, community service, and the installation and maintenance of ignition interlock devices. In addition to these penalties, your driver’s license will be suspended within 60 days from the date you if your arrest. The suspension can last anywhere from 90 days to several years, depending on the circumstances of your case. You will have 7 days from the date of your arrest to request a hearing with the Department of Licensing to challenge the suspension.
First Offense DUI
- Fines between $350 and $5,000
- Between 1 and 364 days in jail
- Driver's License Suspension for 90 days
Second Offense DUI
- Fines between $500 and $5,000
- Between 30 and 364 days in jail
- Driver's License Suspension for 2 years
Third Offense DUI
- Fines between $1,000 and $5,000
- Between 90 and 364 days in jail
- Driver's License Suspension for 3 years
- 6 months in sobriety program
Is a DUI a Felony in Washington?
In Washington state, a DUI offense can be classified as either a misdemeanor or a felony. Whether the charge is considered a misdemeanor or felony depends on the circumstances of the case and any prior convictions. Generally speaking, a first-time DUI offense is charged as a misdemeanor; however, if there are any aggravating factors (such as having an exceptionally high BAC level) or if it is the 2nd or greater DUI offense, then it may be classified as a felony.
Sealing and Expunging a DUI in Washington
In Washington State, sealing or expunging a DUI conviction under certain circumstances is possible. Sealing a DUI means the record is not publicly available, although law enforcement agencies and some employers may still have access to it. Expunging a DUI means the record is completely erased as if the offense never occurred. In Washington, a DUI conviction can only be sealed or expunged if it was for a first offense, the offender completed all court-ordered requirements, and a certain amount of time has passed without any subsequent criminal offenses. The period varies depending on the specific circumstances of the case. It is important to note that even if a DUI is sealed or expunged, it may still be used to enhance penalties for future DUI convictions. It is also essential to speak with an experienced DUI attorney to determine whether sealing or expunging a DUI conviction is viable for your specific case.
Contact Our Spokane DUI Attorney Today
If you have been charged with driving under the influence in Washington state, it is important to seek professional legal help immediately to ensure that your rights are protected and that you understand your options. Our Spokane DUI lawyer can evaluate your case and advise you on how best to proceed.
Contact Phelps & Associates today to schedule a FREE consultation with our DUI lawyer in Spokane!
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