Tacoma DUI Defense

Being charged with a DUI can take you by surprise, especially if you have never been in trouble with the law before. Understanding more about what to expect can help you participate more fully in your own defense.

Some people think the flashing red lights and a breath test reading of .08% mean game over. That is simply not the case. Washington state has strict driving under the influence (DUI) laws with harsh penalties, but law enforcement officers must follow specific protocols, and their evidence is not as scientific or ironclad as people think.

If you were arrested in the Tacoma area for DUI, The Law Offices of Smith & White, PLLC can help. Our firm brings decades of criminal defense experience to DUI cases and has handled thousands of drunk driving matters. We will review every part of your traffic stop and arrest to look for police mistakes, rights violations, weak evidence, or problems that may prevent the prosecution from meeting its burden of proof.

Call the Law Offices of Smith & White at (253) 203-1645 for a DUI case review.

What Happens During a DUI Traffic Stop in Tacoma?

One of the first things we can do to assess your case and look for potential defenses is to compare what happened in your traffic stop to what is supposed to happen. If officers did not properly carry out these stages and steps or failed to meet the legal requirements for the stop or arrest, that may affect whether evidence can be used against you.

The Initial Stop

Police generally need at least reasonable articulable suspicion of criminal activity or another lawful basis to stop a vehicle.

Reasonable suspicion means they have specific grounds to suspect you are doing something illegal, such as driving under the influence. This may come from driving behavior officers associate with impairment, such as swerving or unusually slow driving. Other observations may strengthen their suspicion, such as seeing someone stumble before getting behind the wheel or detecting the odor of alcohol or marijuana during the stop.

Alternatively, police can pull you over if they witness a traffic offense. This means they may stop you for conduct such as speeding, running a stop sign, or changing lanes without signaling and then look for signs of impairment during the stop.

The Investigation

During the stop, police will investigate whether or not you are driving under the influence. They will ask for your driver’s license, registration, and proof of insurance. You generally do not have to answer investigative questions about drinking, drug use, or where you were coming from or going.

They may present you with a portable breath test, ask you to perform field sobriety tests, and ask questions about your activities before driving, but read below to see the rules for these things.

Ultimately, they will also look to collect other evidence of drunk or drugged driving:

• Bloodshot eyes or pinpoint pupils
• The odor of alcohol or burnt marijuana
• Visible empty bottles or cans
• Slurred speech
• Confusion
• Unresponsiveness
• Slow movements or fumbling with documents
• Stumbling or awkward movements if you exit the vehicle

An Arrest

Police can arrest you if they find sufficient evidence to meet the probable cause standard. After a lawful arrest, they may request an evidentiary breath test. Refusing that test can carry significant legal and licensing consequences. Depending on the circumstances, police may also seek a blood test and conduct searches that are legally permitted following an arrest.

If police lacked probable cause or otherwise violated your constitutional rights, an attorney may be able to challenge the arrest or evidence obtained as a result.

The Interrogation

The police might question you at the station. You have the right to an attorney and the right to remain silent. If you want to invoke those rights, clearly tell the officers that you are exercising your right to remain silent and want an attorney before answering questions.

If police continue questioning you after you properly invoke those rights, that may create an issue for your defense attorney to review. Continue to make clear that you do not want to answer questions without your lawyer present.

Court Appearances

Usually, court proceedings start after you are sober, which might mean a night in jail or in the hospital.

Your first appearance may include an arraignment, during which you will be told what charges you face and asked to enter a plea. An attorney can advise you about your plea and what happens next.

The court may also decide whether conditions of release are necessary. Depending on the circumstances, those conditions can address public safety, appearing for future hearings, alcohol use, driving, or other concerns. We can advocate for reasonable release conditions and address bail if the court considers imposing it.

From there, you will return for later court dates, which you should attend with your DUI defense lawyer.

What Should You Do After Being Charged with a DUI in Tacoma?

Invoke your right to remain silent and call an attorney at (253) 203-1645. Do not try to navigate this situation on your own. Anything you say may later be used as evidence in the case.

Whether this is your first offense or you have a prior DUI on your record, we are well-equipped to defend you. We have experience with the full spectrum of DUI charges, including:

• First-time DUI
• Repeat offenses
• Felony DUI
• Underage alcohol or marijuana driving offenses
• Breath test refusal and implied consent issues
• Physical control DUI
• DUI accidents causing injury or death
• Driving under the influence of drugs

Possible Outcomes of a DUI Case with Legal Representation

Many people charged with DUI make the mistake of pleading guilty right away or trying to represent themselves, thinking that they can save money this way. In the long run, a conviction may cost considerably more in terms of fines, lost driving privileges, treatment requirements, ignition interlock expenses and time spent in jail.

While every case is different, we are committed to pursuing the best possible outcome for every client. Instead of simply accepting the police and prosecution’s version of events, we examine the case for weaknesses that may affect the evidence against you. These can include unlawful procedures during a traffic stop, problems with testing, or constitutional violations that may provide grounds to suppress evidence.

When dismissal is not possible, we use our negotiating experience to seek reduced charges or penalties when the circumstances support doing so. For serious DUI-related charges, sentencing alternatives such as electronic home monitoring, work release, or other options may be available depending on the case. We will discuss the available options with you and help you decide how to move forward.

Finally, an experienced defense attorney can advise you if going to trial is the best option for your case and represent you throughout that process. There are no guarantees in criminal law, but having an attorney who understands DUI law, the evidence, and the court process can put you in a stronger position to make informed decisions about your defense.

The Penalties and Collateral Consequences of a DUI in Tacoma

The consequences of a drunk driving conviction are both swift and long-lasting. A conviction can affect your freedom, finances, employment and driving privileges. The exact penalties depend on factors including your BAC, whether you refused an evidentiary breath test, and the number of qualifying prior offenses on your record.

General Penalties for an RCW 46.61.5055 Conviction

RCW 46.61.5055 sets the penalty structure for DUI convictions in Washington. For misdemeanor DUI cases, mandatory minimum penalties generally increase based on the number of qualifying prior offenses within seven years and whether the driver had a BAC of .15% or higher or refused an evidentiary breath test.

First Offense

A first DUI is generally a gross misdemeanor unless the case meets Washington’s requirements for felony DUI.

With no qualifying prior offenses within seven years, the statutory minimum generally begins at 24 consecutive hours in jail for a BAC below .15%. A BAC of .15% or higher, or certain breath-test refusal cases, carries a higher minimum. Washington law also allows certain alternatives to jail in qualifying cases.

A conviction can additionally result in fines, probation, alcohol or drug evaluation and treatment requirements, license consequences, and ignition interlock requirements.

Second Offense Within Seven Years

With one qualifying prior offense within seven years, the mandatory minimum penalties increase substantially. Depending on the BAC and whether an evidentiary breath test was refused, Washington law generally requires at least 30 or 45 days in jail along with a period of electronic home monitoring and other conditions.

License and ignition interlock consequences also increase.

Third Offense Within Seven Years

With two qualifying prior offenses within seven years, the mandatory minimum penalties increase again. Depending on BAC or refusal, the minimum jail term generally begins at 90 or 120 days, along with substantial electronic home monitoring requirements and other penalties.

When DUI Becomes a Felony

Washington expanded its felony DUI law in 2026. A DUI can now be charged as a Class B felony when the defendant has three or more qualifying prior offenses within 15 years.

A DUI can also become a felony based on certain earlier DUI-related felony convictions, including qualifying vehicular assault, vehicular homicide, felony DUI, or felony physical control offenses.

A child passenger or an accident does not by itself automatically turn an ordinary DUI into felony DUI, although those circumstances can create additional penalties or separate criminal charges.

DUI convictions can also affect car insurance, employment, professional licensing and other areas of your life. A Washington DUI conviction generally cannot be vacated under the ordinary misdemeanor vacation statute and can remain on your criminal record indefinitely.

Underage Alcohol or Marijuana Driving Offenses

Washington has a separate law covering drivers under age 21 who drive after consuming alcohol or marijuana.

For alcohol, a driver under 21 may violate that law with an alcohol concentration of at least .02 but below the adult DUI threshold. Washington also applies a lower cannabis threshold to drivers under 21.

These offenses are generally misdemeanors. A driver under 21 may still face the regular DUI statute if the evidence independently meets the requirements for DUI.

Driving Under the Influence of Drugs

Although marijuana is legal for adults to possess and use in Washington state, it remains illegal to drive while under its influence or while impaired by another drug.

For drivers age 21 and older, Washington has a per se limit of 5.00 nanograms of THC per milliliter of whole blood within two hours of driving. However, prosecutors can also pursue a DUI case based on evidence that marijuana, prescription medication, an illegal drug, or a combination of drugs and alcohol impaired the driver even when the case does not depend on that numerical threshold.

Drug DUI investigations can involve blood testing, officer observations, field sobriety tests, and in some cases evaluations by officers trained in drug recognition.

The criminal penalties are generally governed by the same DUI penalty statute that applies to alcohol DUI.

Marijuana DUI Charges

Washington has legalized recreational marijuana use, but it still prosecutes marijuana DUI offenses. If you are arrested for marijuana DUI, you should consider speaking with an experienced Tacoma DUI attorney at The Law Offices of Smith & White, PLLC. The penalties and consequences can be serious, particularly if you have prior DUI offenses.

Under RCW 46.61.502, a driver age 21 or older can be guilty of driving under the influence if, within two hours of driving, the driver has a THC concentration of 5.00 nanograms per milliliter or higher as shown by a qualifying blood analysis. A person can also be convicted if marijuana or another drug affected the person’s ability to drive or if the person was under the combined influence of marijuana, alcohol and another drug.

The fact that you are entitled to use marijuana under Washington state law is not a defense against a marijuana DUI charge.

Blood samples obtained more than two hours after driving may still be used as evidence in a DUI case. A THC concentration below 5.00 can also be relevant to a prosecution based on actual impairment rather than the per se THC limit.

Marijuana DUI is usually charged as a gross misdemeanor. However, the same felony DUI rules that apply to alcohol also apply to marijuana DUI. Under current Washington law, DUI can become a Class B felony when a person has three or more qualifying prior offenses within 15 years or has certain prior DUI-related felony convictions.

Felony charges are very serious and can carry significant criminal penalties, including prison time. Smith & White represents Tacoma residents and other defendants facing marijuana DUI charges and works to challenge the evidence against them while addressing the criminal, licensing, and other consequences that can follow a conviction.

Defenses for Marijuana DUI Cases

Marijuana DUI cases can present different scientific issues than alcohol DUI cases. A frequent marijuana user may have measurable THC in the bloodstream even when that person has not used marijuana immediately before driving. Depending on the circumstances, expert testimony regarding marijuana metabolism and impairment may be relevant.

In some cases, methods used to establish impairment, such as field sobriety tests, may have been improperly administered. We may be able to challenge their accuracy or reliability. Even if properly administered, standardized field sobriety tests were developed primarily around alcohol impairment and may raise different issues when used in marijuana DUI investigations.

Officers are also required to respect your constitutional rights when stopping and arresting you. They generally need reasonable suspicion to conduct a traffic stop and probable cause to make an arrest. If those standards were not met, we may be able to ask the court to suppress evidence obtained as a result.

DUI Accidents

A person accused of causing a crash while under the influence of alcohol or drugs may face serious legal consequences, but the charges depend on what actually happened.

If no one is injured, the driver may still face a DUI charge and, depending on the circumstances and driving conduct, additional traffic or criminal charges.

If another person suffers substantial bodily harm and the statutory requirements are met, the driver may face felony vehicular assault. If someone is killed, the case may result in a vehicular homicide charge, which carries significantly greater penalties.

Leaving the scene of an accident can also result in separate hit-and-run charges. Having a passenger under age 16 does not automatically make a DUI a felony, but it can result in additional penalties under Washington law.

Felony DUI Charges

Washington expanded its felony DUI law in 2026.

A DUI can now be charged as a Class B felony if you have three or more qualifying prior offenses within 15 years. You may also face felony DUI if you have certain prior DUI-related convictions, including qualifying vehicular assault or vehicular homicide offenses, a previous felony DUI, felony physical control, or certain comparable out-of-state offenses.

Washington’s definition of a qualifying “prior offense” is broader than simply counting convictions that were formally labeled DUI, so determining whether a new DUI qualifies as a felony requires reviewing the person’s complete record.

Felony DUI is significantly more serious than misdemeanor DUI and is sentenced under Washington’s felony sentencing laws. Anyone facing potential felony DUI charges should contact an experienced criminal defense attorney as soon as possible.

Implied Consent (Breath Test Refusal)

Washington’s implied consent law applies to evidentiary breath testing after a lawful DUI arrest. Refusing that test can result in significant licensing consequences even if you are later acquitted of the criminal DUI charge.

Under current Washington law, refusing an evidentiary breath test can result in a two-year driver’s license revocation when the driver has no qualifying prior offenses within seven years. The revocation period can be longer when qualifying prior offenses exist.

You can still be charged with DUI after refusing a breath test, and the fact that you refused may be used as evidence in the criminal case.

These rules are different from those governing a portable breath test, or PBT, offered during a roadside investigation before arrest. The roadside PBT is voluntary, and refusing it does not trigger the implied consent license revocation that applies to a post-arrest evidentiary breath test.

Being pulled over can be confusing, so it is important to distinguish between these tests. The pre-arrest PBT is generally optional. A refusal of the post-arrest evidentiary breath test carries substantially different consequences.

License Suspension and Ignition Interlock Systems

Many people do not realize that driver’s license proceedings are separate from the criminal DUI case.

From the date of the arrest or notice, you generally have seven days to request a Washington State Department of Licensing administrative hearing to challenge the proposed license suspension or revocation. Missing that deadline can result in losing the opportunity for the ordinary administrative hearing.

We can help challenge issues such as whether the officer had a lawful basis for the stop, whether there were reasonable grounds for the DUI arrest, whether proper implied consent warnings were given, and whether applicable testing requirements were followed.

If your license is suspended or revoked because of a DUI, you may still qualify for an Ignition Interlock Driver License. Unlike a traditional unrestricted license, this allows an eligible driver to operate vehicles under specified conditions, generally including installation of an approved ignition interlock device and compliance with insurance and DOL requirements.

Eligibility depends on the circumstances and driving record, so whether an ignition interlock license is available should be evaluated individually.

About Field Sobriety Tests

The roadside tests are not designed to exonerate you. Rather, police use them to gather additional evidence during a DUI investigation. When you are pulled over, you should not volunteer information about alcohol or drugs. After providing required information, such as your license, registration and proof of insurance, you generally do not have to answer investigative questions.

The officer may ask you to perform sobriety tests such as the walk-and-turn, one-leg stand and horizontal gaze nystagmus test. There are many reasons these tests may not accurately reflect impairment, including wind or rain, high-speed traffic, uneven terrain, footwear, medical conditions, disabilities, or an individual’s natural balance and coordination. Testimony about field sobriety tests may be used in court, but a defense attorney can challenge how the tests were administered and interpreted.

You generally are not required to perform field sobriety tests. You are also not required to take a portable roadside breath test. These handheld tests operate under different rules from the post-arrest evidentiary breath test governed by Washington’s implied consent law.

Procedures for Standard Field Sobriety Tests (SFSTs)

As mentioned, officers sometimes use non-standard tests, such as asking someone to recite the alphabet. The three standardized field sobriety tests commonly associated with NHTSA procedures are the walk-and-turn, one-leg stand and horizontal gaze nystagmus tests.

The instructions, testing conditions and way the officer administers and scores the tests can all matter when those results are later used as evidence.

Walk and Turn

The walk-and-turn test has the subject walk on a real or imaginary line. They take nine steps forward heel-to-toe, turn around, and return while trying to stay on the line.

There are many ways performance can be affected, such as using an unclear or imaginary line, performing the test on an uneven surface, improper instructions, footwear, or medical conditions affecting balance or movement.

One-Leg Stand

In the one-leg stand test, you are generally asked to lift one foot approximately six inches off the ground while keeping the leg straight and counting as directed.

This is not a normal position for many people, and physical limitations, balance problems, road conditions, anxiety and other factors can affect performance even when a person is sober.

Horizontal Gaze Nystagmus Test (HGN)

The HGN test has an officer hold a stimulus, often a pen or small light, in front of your eyes and ask you to follow it without moving your head.

The officer looks for particular involuntary eye movements that may be associated with alcohol impairment. Health conditions, improper administration and other circumstances may affect how the results are interpreted.

Can You Refuse the Breathalyzer or Field Sobriety Tests During a DUI Stop in Tacoma?

You generally can refuse roadside field sobriety tests because they are voluntary. If you are asked to perform field sobriety tests, including non-standard tests, you can decline.

A portable roadside breath test is also generally voluntary and can be refused without triggering the implied consent license penalty.

However, refusing an evidentiary breath test after a lawful DUI arrest has very different consequences under Washington’s implied consent law. A driver with no qualifying prior offenses within seven years can face a two-year license revocation for refusing that test, and longer revocations can apply when prior offenses exist.

A refusal may also be used as evidence in the criminal DUI case.

Because the rules are different, it is important to distinguish the voluntary roadside PBT from the evidentiary breath test requested after an arrest.

Defenses Available in a DUI Case

Each case is different. Defenses may include challenging the legality of the traffic stop, arrest, field sobriety tests, breath testing, blood testing, or other evidence. Many DUI cases hinge on highly technical details.

To protect you from serious consequences, it is important for your attorney to carefully review every aspect of the state’s case, including:

• The legality of the stop and arrest
• Whether police had reasonable suspicion to stop the vehicle
• Whether police had probable cause to make the arrest
• The admissibility and reliability of field sobriety testing
• Whether breath or blood testing complied with applicable requirements
• Whether police properly advised you of applicable rights and implied consent warnings
• Whether evidence was properly collected, documented, preserved and handled

We have defended thousands of local residents who have been charged with DUI. There are numerous technical and constitutional issues that may arise in a DUI case, making it important to have an experienced defense attorney carefully review the evidence.

Challenging the Breath Test

With the help of a veteran DUI defense lawyer, breath test results can be challenged. A breath test estimates alcohol concentration from a breath sample and produces a numerical result used as evidence of BAC.

Washington generally uses a BAC threshold of .08% for drivers age 21 and older who are driving or in physical control of a motor vehicle. At first glance, the result may seem scientific and objective. However, questions can arise about whether the test was properly administered and whether the result is reliable.

Was the required observation period properly completed? Was the instrument maintained and tested as required? Did the operator follow the applicable testing procedures? Could mouth alcohol or another substance have affected the result?

Problems with breath test evidence may affect motions, negotiations, or the prosecution’s ability to prove the case.

Is it Better to Have an Attorney Represent You For a DUI Charge?

An experienced attorney knows how to protect your rights and look for weaknesses in the prosecution’s case. They can also negotiate with the prosecution when appropriate, challenge evidence, address licensing issues and prepare the case for trial if necessary.

So, Do You Need an Attorney to Handle a DUI Case in Tacoma?

You’re being either accused of DUI or are under investigation for a crime. Perhaps you’ve even had to go through the stress of arrest and arraignment. This is the most stress you’ve probably ever been under. You’re worried. Your family is worried. Your friends are worried. Everyone is saying, “Get a lawyer.” You want to follow this advice. You realize that a defense attorney on your side would be a good idea to have. But the task is daunting. There are several attorneys in the area and you have no idea how to choose one. Most of this will be what you will want to consider no matter what the crime is that you’re under suspicion of.

There are a few things to consider. These may sound fairly obvious, but you’re in a situation where the obvious doesn’t always feel so obvious.

You may be wondering how Smith & White measures up against those criteria. Attorney James White has spent his career in criminal defense, with substantial experience handling DUI cases and other serious criminal charges. As a former public defender, he has represented people at every stage of the criminal process, from arraignment through negotiation and trial.

Experience is only one part of choosing an attorney. Smith & White has received numerous positive client reviews and professional recognition over the years, but a consultation also gives you the chance to decide for yourself whether the firm is a good fit. You can discuss your case, ask questions about the approach to your defense, and get a better sense of what the next steps may look like.

We also understand that cost matters. Fees are discussed during the consultation and are determined based on the individual case. Smith & White regularly uses flat fees and offers payment options when available. The first consultation is free.

Example

If you were at a bar and drank three cocktails, were pulled over for DUI, and a chemical test showed that your blood alcohol level was .09, you would generally face a gross misdemeanor DUI charge unless other facts made the case a felony.

Under current Washington law, DUI can be charged as a Class B felony if you have three or more qualifying prior offenses within 15 years or certain specified prior DUI-related felony convictions.

Choosing a DUI Defense Lawyer

When researching an attorney, there are many ways to narrow the field. The more traditional route might be to focus on the attorney’s experience practicing in this area of law and the cost of representation. You should also consider courtroom experience from arraignment through trial, how involved the attorney will be in handling your case, and the attorney’s professional history.

First, you will want to examine whether or not the lawyer is experienced.

You will also want to consider whether that experience is in the area where you need help. The law is complex, and lawyers often focus on particular areas of practice. If you are facing criminal charges, you generally want a lawyer with substantial criminal defense experience rather than someone whose practice primarily involves bankruptcy, divorce or personal injury.

Even DUI law itself is complex. Washington’s primary DUI law is found in RCW 46.61.502, but DUI cases can also involve other statutes, Washington Administrative Code provisions, Department of Licensing proceedings, case law and the Rules of Evidence. You want someone on your side who understands how those different areas work together.

Next, it is a good idea to see what colleagues and past clients have said about the attorney. You can look at testimonials on the firm’s website as well as independent reviews on Google, Avvo, Yelp and other sources. You should also consider how you feel you will be treated, counseled and defended by the attorney. A face-to-face consultation gives you an opportunity to meet the lawyer, discuss your case and ask questions. Bring as much relevant information about your case as you can.

Lastly, you will want to consider cost. Do not assume that the least expensive attorney is necessarily the best choice, but do not assume that the highest fee automatically means you have found the best lawyer either. Consider the other criteria above and then determine whether the cost is within your means.

These are all valid questions to ask as you search for an experienced Tacoma DUI lawyer, but sometimes you may find yourself reconsidering your checklist once you meet an attorney face to face. According to criminal defense attorney James White, “Ultimately, a lot of the case goes on behind the scene, and you need to be able to trust and put faith in the hands of an attorney with whom you have a good rapport.” But do not let a good meeting make the decision for you. Do your homework, go through your checklist and then decide whether the lawyer is the right fit.

How Can Smith & White Help With Your DUI Case?

At Smith & White, DUI defense is built around experience, preparation, and a careful review of how the arrest was handled. Attorney James White is a former public defender with decades of criminal defense experience and substantial experience representing people accused of DUI in Washington. The firm’s long history of DUI defense also provides a strong foundation for evaluating these cases from the traffic stop through trial.

That experience can help us identify weaknesses in the prosecution’s case, challenge questionable evidence, and determine which defenses may apply to your situation. DUI cases often depend on technical details involving the reason for the traffic stop, field sobriety testing, breath or blood evidence, police procedures, and whether officers respected your constitutional rights.

Smith & White has received positive client reviews and professional recognition over the years, including an Avvo Clients’ Choice Award in 2018 and peer-review recognition through Avvo and Martindale-Hubbell. The firm is also accredited by the Better Business Bureau.

Most importantly, every DUI case is different. We will carefully evaluate the evidence and work toward reducing the impact the charge may have on your freedom, driving privileges, career, and future.

Smith & White Can Help With a Tacoma DUI

Act quickly to protect your rights if you have been arrested for DUI in Washington. DUI cases can involve problems with the traffic stop, testing procedures, chemical evidence, or other parts of the investigation that deserve careful review before you make decisions about your case.

You can reach out to us 24/7. We promptly respond to emails and overnight messages, and the first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting. Hablamos Español.