What to Do After Getting a DUI in Tacoma, Washington
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.
What Happens After a DUI Conviction in Washington State
1. Alcohol/Substance Abuse Evaluation
- Contact the Alcohol Evaluation Agency to whom we directed you. Set up an evaluation.
- Evaluator should ask us to provide the police report and criminal history to the evaluator.
- You should take your “Driver’s Abstract.” One is available from any Department of Licensing branch office or can be downloaded from WWW.DOL.WA.GOV.
- Do not sign a release of information to anyone other than Smith & White, PLLC.
2. The Recommended Treatment
Once we receive the narrative evaluation, we send you a copy; read it and the cover letter. It will recommend one of the following:_____ N.S.P. or “No Significant Problem.” You are still required to attend Alcohol and Drug Information School (ADIS). This is 8 hours and is on a single day. This is the minimal requirement for a DUI type charge, often reserved for first time offenders._____ Relapse Prevention / Early Intervention. This may be a custom-fashioned program between 1-9 months, starting as weekly sessions to address abuse issues._____ Significant Problem: More involved program may last 6 months to 2 years. 2 years of treatment is required if you intend to petition for a Deferred Prosecution.
Sign up for the recommended “treatment” or actual treatment right away. This is critical to negotiating your case. This does not need to be at the treatment provider who evaluated you. Find something convenient from home or work. Many alcohol treatment is covered by Applecare so shop around for a provider that is covered by your insurance.
3. DUI Victims Impact Panel
This is a presentation by those who have been greatly affected by a DUI driver (like having a loved one killed) or even by the DUI driver themselves on how drunk driving greatly impacted their lives.
Sign up for this program as soon as possible. Sometimes a COMBINED ADIS/ DUI VICTIM PANEL is available if you would prefer one long day.
This program is very useful for sentencing, and expressing to the judge the impact.
4. Department of Licensing Hearing
Many feel the Department of Licensing Hearing is rather unlikely to be successful and you are better off directing the $375 towards your ignition interlock license. Consult with your Smith & White attorney on this issue before making this decision. However, you only have 20 days to put in for the hearing so you will need to act quickly.
- POST OFFICE: On or immediately before 20 days from the date of your arrest, you must go to a post office and mail the request for a hearing that was provided to you. If the Request for a Hearing is mailed even one day late, your license will be suspended.
- CHECK FOR $375: Include a $375 check to the “Department of Licensing” in that envelope. If you use a money order, be sure to keep the receipt of the money order. The check must not bounce, or you lose automatically.
- “Certified Mail”: Make a copy of what you are mailing and make sure to send it certified so you have proof of mailing. This will allow you to prove that the mail was post-marked by the 20th day after the date of arrest.
A few weeks later… - GET THE PACKET TO OUR OFFICE: Once you receive the packet please deliver it to us by e-mailing the entire packet to our paralegal, Danely. Or you can FAX us at 844-331-1637.
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