In Washington State, penalties for driving while intoxicated (DUI) depend on such factors as how many prior DUI convictions you’ve had in the past 7 years, the level of intoxication and whether a minor was in the vehicle. DUI includes operating a motor vehicle while under the influence of alcohol, drugs or both. This can include not only illegal drugs, but lawfully prescribed medication as well.
A driver may be charged with a DUI if the results of a breath or blood test show the amount of alcohol in the drivers blood to be .08 or higher for adults (21 or older); .04 or higher for commercial vehicle drivers; .02 or higher for minors (under 21) or any person found to be driving a vehicle under the influence or affected by alcohol, any drug or a combination of alcohol and drugs regardless of the concentration of alcohol in their breath or blood.
If you are charged with a DUI, your license can be suspended or revoked by an Administrative procedure separately from any Court conviction. In most cases the state will allow you to obtain an ignition interlock driver license (IIL) which allows you to operate a motor vehicle which is equipped with an ignition interlock devise during the period of suspension or revocation.
In certain cases where a person has serious alcohol or substance abuse problem they may qualify for a deferred prosecution. This entails a 2 year treatment program. In order to qualify, you must not be innocent of the crime charged. You must suffer from alcoholism, drug addiction or mental problems. You also must agree that the facts in the police report are admissible evidence and are sufficient to support a conviction. If a deferred prosecution is revoked and you are found guilty you may be sentenced up to the maximum penalty. You will need a ignition interlock device to operate a motor vehicle during the term of the deferred prosecution.
If you successfully complete the 2 year treatment program and have no further DUI convictions the court will dismiss the charge 3 years from the end of the 2 year treatment program.
Clark W Fridley
Attorney at Law
4400 NE 77th Ave., Suite 275
Vancouver, WA. 98662