Print this page.Do I have to appear in court?
If you have received notice to appear in court on a particular day, then yes. If you do not appear, you run the risk of a warrant being issued for your arrest. A lawyer will be present with you at every hearing.
Do I have to speak with the police?
No. Be polite and courteous, but respectfully decline to answer any questions other than your name and address. Anything else can be dealt with after you have had a chance to speak with a lawyer.
But what if police threaten me or promise to be easy on me if I cooperate?
Be polite and courteous, but respectfully decline to answer any questions other than your name and address. Every question law enforcement asks you is designed to get an answer that will help the case against you. It can wait until you have a chance to speak with a lawyer.
Will and/or how long will I lose my license?
What follows are the license suspensions and restrictions associated with DUI in the State of Washington, as of June 10, 2004.
I. CRIMIMAL CONVICTIONS FOR DUI (RCW 46.61.5055)
A. FIRST OFFENSE FOR DUI
1. WITH ALCOHOL LEVEL OF .149 OR BELOW
· LICENSE: 90 DAY MANDATORY LICENSE SUSPENSION [RCW 46.61.5055(7)(A)(I)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(A)&(B)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT [RCW 46.20.720(2)]
2. WITH ALCOHOL LEVEL OF .150 OR MORE
· LICENSE: 365 DAY MANDATORY LICENSE SUSPENSION [RCW 46.61.5055(7)(B)(I)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(A)&(B)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT [RCW 46.20.720(2)]
3. WITH REFUSAL OF ALCOHOL TEST
· LICENSE: TWO YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(C)(I)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(A)&(B)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT [RCW 46.20.720(2)]
B. ONE PRIOR CONVICTION WITHIN 7 YEARS (see footnote 1)
1. WITH ALCOHOL LEVEL OF .149 OR BELOW
· LICENSE: TWO YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(A)(II)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-104-100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)]
2. WITH ALCOHOL LEVEL OF .150 OR ABOVE
· LICENSE: 900 DAY MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(B)(II)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-104-100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)]
3. WITH REFUSAL OF ALCOHOL TEST
· LICENSE: THREE YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(C)(II), FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-1040100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)]
C. TWO OR MORE CONVICTIONS WITHIN 7 YEARS (see footnote 2)
1. WITH ALCOHOL LEVEL OF .149 OR BELOW
· LICENSE: THREE YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(A)(III)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-104-100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)]
2. WITH ALCOHOL LEVEL OF .150 OR ABOVE
· LICENSE: FOUR YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(B)(III)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-104-100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)&(3)]
3. WITH REFUSAL OF ALCOHOL TEST
· LICENSE: FOUR YEAR MANDATORY LICENSE REVOCATION [RCW 46.61.5055(7)(B)(III)], FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS [RCW 46.20.355(2), RCW 46.61.5055(8)]
· OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH AN IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(C) & WAC 308-104-100(2)(C)]
· IGNITION INTERLOCK DEVICE FOR A MINIMUM OF ONE YEAR UPON REINSTATEMENT OF LICENSE [RCW 46.20.720(2)]
II. ADMINISTRATIVE LICENSE REVOCATION BY THE DEPARTMENT OF LICENSING [RCW 46.20.308]
A. REFUSALS AND SPECIFIED ALCOHOL READINGS TRIGGER LOSS OF LICENSE BY ADMINISTRATIVE ACTION WITH THE DEPARTMENT OF LICENSING INDEPENDENT OF ANY CRIMINAL PROSECUTION. RCW 46.20.308
B. YOU ONLY HAVE 30 DAYS FROM DATE OF ARREST TO REQUEST A HEARING (ALONG WITH $100) TO CONTEST THIS ADMINISTRATIVE ACTION AS IT RELATES TO YOUR LICENSE. THE SUSPENSION WILL TAKE EFFECT 61 DAYS FROM DATE OF ARREST.
C. REFUSALS:
1. ADULTS (21 YEARS AND OVER)
· FIRST REFUSAL AND NO PREVIOUS INCIDENT (see footnote 2) WITHIN 7 YEARS: 1 YEAR REVOCATION [RCW 46.20.3101(1)(A)] OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 90 DAYS [WAC 308-104-100(2)(B)] WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(B)]
· WITH PRIOR REFUSAL OR OTHER INCIDENT WITHIN 7 YEARS: 2 YEAR REVOCATION [RCW 46.20.3101(1)(B)] OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER ONE YEAR [WAC 308-104-100(2)(C)] WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(B)]
2. DRIVERS UNDER 21 YEARS OF AGE
· FIRST REFUSAL AND NO PREVIOUS INCIDENT WITHIN 7 YEARS: 1 YEAR REVOCATION [RCW 46.20.3101(1)(A)] OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 90 DAYS [WAC 308-104-100(2)(B)] WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(B)]
· WITH PRIOR REFUSAL OR OTHER INCIDENT WITHIN 7 YEARS: 2 YEAR REVOCATION [RCW 46.20.3101(1)(B)] OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER ONE YEAR [WAC 308-104-100(2)(C)] WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391(1)(B)]
D. ARREST FOR DUI WITH ALCOHOL LEVEL OF .08 OR ABOVE
2. WITH PRIOR ARREST AND INCIDENT WITHIN 7 YEARS: 2 YEAR LICENSE REVOCATION [RCW 46.20.3101(2)(B)] OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391 & WAC 308-104-100(2)(C)]
E. IF UNDER 21 YEARS OF AGE AND ALCOHOL LEVEL IS .02 OR HIGHER
1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT WITHIN 7 YEARS: 90 DAY SUSPENSION [RCW 46.20.3101(3)(A)] OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER 30 DAYS WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391 & WAC 308-104-100(2)(A)]
2. WITH PRIOR INCIDENT WITHIN 7 YEARS: 1 YEAR SUSPENSION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER [RCW 46.20.3101(3)(A)] OCCUPATIONAL RESTRICTED LICENSE AVAILABLE AFTER ONE YEAR WITH IGNITION INTERLOCK DEVICE [RCW 46.20.391 & WAC 308-104-100(2)(C)]
III. WASHINGTON IS A MEMBER OF THE INTERSTATE COMPACT UNDER RCW 46.21.010. WASHINGTON WILL NOT ACKNOWLEDGE OR SUSPEND A RESIDENT’S LICENSE BASED SOLELY UPON ADMINISTRATIVE ACTION BY A LICENSING AUTHORITY FROM ANOTHER STATE. WASHINGTON WILL ACKNOWLEDGE AND ENFORCE A SUSPENSION OF A RESIDENT’S LICENSE BASED UPON A CONVICTION FROM ANOTHER STATE AND WILL TAKE ACTION AGAINST THE RESIDENT’S LICENSE AS IF THEY WERE CONVICTED IN WASHINGTON.
Footnote 1: A prior conviction is defined as DUI, physical control, vehicular homicide/assault convictions, deferred prosecutions, or Reckless Driving, Reckless Endangerment, Negligent Driving First Degree reduced from a DUI within the previous 7 years. “Seven years” is measured from the date of prior arrest to the date of the current arrest. [RCW 46.61.5055(11)]
Footnote 2: Incident is an arrest which resulted in DOL Administrative Action for either refusing or providing breath/blood samples.