What to Do After Getting a DUI in Tacoma/Washington State: A Step-by-Step Guide
Facing a DUI charge can be overwhelming, but understanding the steps to take afterward is essential for managing the situation and minimizing its impact on your life. Washington State has specific procedures and laws that apply to DUI cases, including consequences that affect your driver’s license, criminal record, and more. Here’s a step-by-step guide for what to do if you receive a DUI in Washington State.
1. Understand Your Charges and Rights
The first thing to do after a DUI is to understand the nature of the charges against you. In Washington, a person can be charged with DUI if their Blood Alcohol Content (BAC) is 0.08% or higher for drivers aged 21 and above. For drivers under 21, the limit is 0.02%, and for commercial drivers, it’s 0.04%. Driving under the influence of drugs, whether prescription or illicit, can also lead to a DUI charge.
Familiarize yourself with your rights as an arrestee and defendant. For example, you have the right to remain silent and avoid self-incrimination, as well as the right to legal representation. Remember that what you say and do can be used against you in court. As a general rule, if you are not free to leave you should request a lawyer.
2. Contact a DUI Defense Attorney
One of the most crucial steps after being charged with a DUI in Washington State is to contact an experienced DUI defense attorney. DUI cases can be complex, involving a mix of criminal and administrative processes, and having an attorney can significantly improve your chances of a favorable outcome. In Tacoma, several local defense attorneys specialize in DUI cases, and some offer free consultations, allowing you to discuss your case before committing to representation.
An experienced DUI attorney can guide you through the process, including any preliminary hearings and DOL procedures, which is essential for avoiding severe consequences like a license suspension. Smith & White, PLLC are happy to answer your questions.
3. Request a Department of Licensing (DOL) Hearing
After a DUI arrest in Washington, your driver’s license is at risk of suspension, independent of the criminal process. The Department of Licensing (DOL) will suspend your license unless you request a hearing within seven days of your arrest. This administrative hearing is separate from the criminal case and allows you to contest the suspension.
During this hearing, the DOL will examine whether the arrest was lawful and whether the officer had probable cause to believe you were driving under the influence. A successful hearing can prevent or delay the suspension of your license. Note that requesting a DOL hearing costs a fee, and having an attorney represent you during the hearing is highly recommended. Smith & White, PLLC represent persons at these hearings regularly.
4. Plan for Transportation During Potential License Suspension
If the DOL hearing doesn’t go in your favor or if you are convicted of DUI, your license will be suspended. Suspensions can last from 90 days to four years, depending on the details of the case and your prior driving history.
In Washington, you may be eligible for an Ignition Interlock License (IIL), which allows you to drive during the suspension period with an ignition interlock device installed in your car. This device requires you to pass a breath test before the vehicle will start. Applying for an IIL involves additional costs, including installation and monthly fees for the interlock device. Some drivers in Tacoma use public transportation or rideshare services to manage daily commutes while their license is suspended. https://dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/restricted-driver-licenses/ignition-interlock-driver-license-iil.
5. Attend Court Appearances and Stay Compliant with Court Orders
A DUI charge means you will likely have to appear in court. Washington State has strict DUI laws, and penalties can include fines, community service, jail time, and mandatory alcohol or drug counseling. Tacoma courts, like others in Washington, have their schedules and protocols, so it’s important to know when and where you need to appear. Missing a court date or violating a court order can lead to additional penalties, including arrest. Smith & White, PLLC will help keep you compliant with court orders and can even appear for you at many of the hearings.
The court may order you to attend a drug and alcohol assessment and comply with recommended treatment. Failure to comply with these conditions can affect your probation status and result in further legal complications.
6. Consider a Plea Deal if Appropriate
In some DUI cases, your attorney may recommend negotiating a plea deal with the prosecution. In Washington, a common reduction is a “reckless driving” or “negligent driving” charge, which carries less severe penalties than a DUI. Accepting a plea deal means you would avoid a DUI conviction on your record, but it may still result in fines, a shorter suspension, and possible probation.
However, plea deals aren’t always offered, especially if there are aggravating factors (e.g., high BAC, an accident, repeat offense). If a plea deal is an option, your attorney can advise whether it is in your best interest based on the circumstances.
7. Complete Required Treatment Programs
Washington law mandates that individuals convicted of DUI often complete a drug or alcohol treatment program. Depending on your assessment results, you may be ordered to attend classes or counseling sessions to address alcohol or substance abuse. Completing these programs shows the court that you are committed to rehabilitation and taking the matter seriously, which can work in your favor during sentencing or probation reviews.
8. Keep Track of Fines and Payments
DUI convictions come with financial penalties, including fines, court costs, and administrative fees. In Washington, DUI fines can range from $350 to $5,000 or more, depending on factors like BAC level and prior offenses. Additionally, you may need to pay for the installation and maintenance of an ignition interlock device, increased insurance premiums, and other associated costs. Smith & White, PLLC can help you minimize or even avoid a number of these costs.
Failing to pay fines on time can lead to additional penalties, so make sure to stay on top of all payments or arrange a payment plan if necessary.
9. Be Prepared for Long-Term Impacts
A DUI conviction in Washington State remains on your criminal record and driving record for life. This record can impact employment opportunities, insurance premiums, and even housing options. Certain employers, especially those in industries requiring driving, may be hesitant to hire someone with a DUI on their record. Additionally, auto insurance rates typically increase significantly after a DUI, and some insurers may choose not to renew your policy.
Washington State does not allow DUI convictions to be expunged from your record, meaning it will be a permanent part of your criminal history. Understanding these long-term impacts can help you make informed choices, both during the case and afterward.
10. Consider Taking Preventive Actions for the Future
While navigating a DUI charge is challenging, it can also be a chance to make preventive changes. Consider avoiding driving after drinking by using rideshare services, planning designated drivers, or arranging other transportation. By taking preventive actions, you can avoid future DUI charges and keep yourself and others safe on the road.
Conclusion
Receiving a DUI charge in Washington State can be daunting, but understanding your options and knowing what steps to take can help you navigate the process more effectively. From requesting a DOL hearing to consulting a qualified DUI attorney, every step matters. Taking responsibility, staying compliant with court orders, and making lifestyle adjustments can make a difference in both your legal outcomes and your future well-being.
Sources:
- Washington State Department of Licensing, DUI and License Suspensions
- Revised Code of Washington, DUI Laws
- City of Tacoma, Tacoma Municipal Court Information