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Washington DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Washington on
Q: So if I refuse a BAC test, I lose my license. But is that it? What are the other penalties in WA?
Stan Glisson
Stan Glisson answered on Dec 11, 2018

Complex question, I'll try to make it short.

Administratively you MAY lose your license. If you have no priors, the DOL will revoke for a year unless you successfully appeal. You may be able to drive during the revocation if you install an interlock and apply for a restricted license....
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2 Answers | Asked in DUI / DWI for Washington on
Q: i was stopped for dui but blew a 0- i dont drink but i do take medications which caution about driving/operating equipme

when blood is taken to determine dui results it takes 8 weeks for the results to come back from the lab. why so long and exactly what all is it tested for?

Jason Powers
Jason Powers answered on Nov 29, 2018

There is a backlog of blood tests at the Washington State Patrol. It seems to take at least four months for the blood to be tested. When it is tested, the lab will check for substances that could affect driving and/or illegal.

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1 Answer | Asked in DUI / DWI for Washington on
Q: How soon will my court date be after getting pulled over for drunk driving?
Stan Glisson
Stan Glisson answered on Nov 2, 2018

In Washington the hearing is supposed to held the "next judicial day". Not all jurisdictions follow that rule though.

It is almost always within two weeks, unless the investigation involved a blood draw. The toxicology lab may take months to test a blood sample.

You...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Received a voicemail saying there in a location order and a case # at my local court.

It was a local number but wanted me to call her back on a 1-855 number. She stated her name but not where she is from. She said it was an attempt to contact, and she is going to proceed to contact my supervisor to locate me on grounds. And the case # at my local court is going to be filed as public... Read more »

Stan Glisson
Stan Glisson answered on Sep 10, 2018

That number has too many digits, and the local court told you there is no record?

It's a scam. I would search Google for similar scams, that may ease your mind. You can always tell them to send you something in writing or ask where you can meet with someone in person, I'm sure they will decline.

1 Answer | Asked in DUI / DWI for Washington on
Q: Are there ways you can get the results of a breath test excluded from a DUI trial?
Stan Glisson
Stan Glisson answered on Sep 6, 2018

There isn't any one answer for all cases, but there are certainly legal challenges that can sometimes result in suppression of the test result from evidence. You would need to go over the specific facts of your case with an experienced DUI lawyer to know if you have any legal defenses to fall... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: Do you have to answer police questions during a DUI stop?
Stan Glisson
Stan Glisson answered on Jul 30, 2018

"It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, ... or to refuse upon demand of such police officer to produce his or her... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: Is it possible to get an exception for a DUI license suspension to get to school?
Stan Glisson
Stan Glisson answered on Jul 16, 2018

Almost always, but will normally require an ignition interlock be installed in your car.

Start here:

https://www.dol.wa.gov/driverslicense/iil.html

2 Answers | Asked in DUI / DWI for Washington on
Q: Do you have to go to rehab after a first-time DUI?
Jason Powers
Jason Powers answered on Jun 29, 2018

If you are convicted of a DUI, or a DUI related offense in Washington state, the court will order you to obtain an assessment to determine if you need any sort of alcohol treatment. The amount of treatment, or rehab, will be based upon that assessment. Some people are ordered to do a one day class... Read more »

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1 Answer | Asked in DUI / DWI for Washington on
Q: Is there statute of limitations on having an interlock device?

I was convicted of 2 DUI's in 2011 and had my license suspended consecutive years. I did get the interlock device put in prior to my court dates. Both DUI charges were reduced to negligent and reckless. Since I couldn’t drive the interlock device was removed from my vehicle by the interlock... Read more »

Stan Glisson
Stan Glisson answered on Apr 19, 2018

That sounds right, the four month requirement would apply to someone in that situation. It's too bad you got wrong information from them in 2015, but based on what you have said I would expect you to have the four month requirement. I can't say for sure without looking at your history and... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Washington on
Q: I was pulled over and given a driving while suspended infraction and no ignition interlock infraction. Had a DUI in 2012

I got 5 years bench probation for the DUI...it has been 6 years so am I safe from getting a probation violation?

Stan Glisson
Stan Glisson answered on Apr 12, 2018

Probably. The five years can get extended in certain circumstances, so someone would have to look at the court docket to confirm that they closed their jurisdiction.

If you didn't have probation violations, and never missed court dates, then it should have closed five years from the...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Do traffic infractions or DUI/DWI's ppear on a driving record before the hearing?
Scott W Lawrence
Scott W Lawrence answered on Apr 2, 2018

A pending DUI will show on your DOL record. Not all the info on your record is actually reported when requests are made. For example, a pending DUI hearing would not show up on an insurance abstract. Traffic infractions do not show up unless they are found committed by the court. This is... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: What's the penalty if I drive on a suspended license after a DUI?
Stan Glisson
Stan Glisson answered on Mar 2, 2018

Depends on the 'level' of suspension. Second and third degree suspensions don't have mandatory jail or fines, but first degree has mandatory jail.

While a person is on DUI probation, the law requires a 30 day jail sanction for driving suspended in any degree. If you are able...
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1 Answer | Asked in DUI / DWI for Washington on
Q: I got a DUI in WA State recently. What am i in for?
Stan Glisson
Stan Glisson answered on Mar 2, 2018

The answer changes a lot, depending on the breath / blood level, facts of the case (passengers, crash, dangerous driving), and what jurisdiction you are in. To get an accurate answer, talk to a DUI lawyer who works in the town where you were arrested.

1 Answer | Asked in DUI / DWI for Washington on
Q: Wife pulled over headlight out blew 0.89 took to station blew 0.71 took Her home what can we expect
Stan Glisson
Stan Glisson answered on Jan 22, 2018

In most jurisdictions, she will still be charged with DUI. Talk to a lawyer who practices DUI in your area right away to get some guidance to get through this.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Washington on
Q: If pulled over for moving violation in WA, can officers automatically order you out of vehicle w/out lawful grounds?

I read 2018 officers pocket manual and on pg 2-22 it states- "once you have made a legal stop of a vehicle for a traffic offense, you automatically have the authority to order the occupants to stay inside or to exit the vehicle"

Is this true?

Reason I ask is I was stopped... Read more »

Emily Beschen
Emily Beschen answered on Jan 18, 2018

Assuming that you were stopped lawfully, and lawfully detained at the time, law enforcement can ask you to exit the vehicle.

1 Answer | Asked in DUI / DWI for Washington on
Q: Can one be charged for dui at .02
Stan Glisson
Stan Glisson answered on Jan 2, 2018

If some other factors exist, it could happen. Doesn't mean the driver would be convicted at trial, certainly.

If there were other substances found in a blood draw, for example, so the .02 alcohol was not the sole basis for the charge. If the driver were under 21, then there is a crime...
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1 Answer | Asked in DUI / DWI for Washington on
Q: How do officers test to see if you're impaired from pot?
Stan Glisson
Stan Glisson answered on Dec 29, 2017

There are different physical clues they are supposed to look for. Some will administer the 'standard' roadside tests, but since they are designed for alcohol impairment they are of limited value.

They have a number of specialized tests, called the drug recognition protocol. A...
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1 Answer | Asked in DUI / DWI for Washington on
Q: Alcohol dui non incidental 1st offense no priors, restrictions limited to illegal drugs and alcohol. Thc ok? Wa state

An alcohol related non incidental and co-operative driver with no passengers first offense no priors in Washington state (.122) restrictions are no alcohol, non rx drugs or controlled substances, is thc ok? Pre trial is 8ish weeks away, only had the arraignment 2 days ago(my attorney didn't... Read more »

Stan Glisson
Stan Glisson answered on Dec 8, 2017

If you have an attorney, you really should direct your question to her or him. Different courts have different policies; generally conditions of release include no marijuana, but I would have to look at your specific court documents to be clear on that.

1 Answer | Asked in DUI / DWI and Criminal Law for Washington on
Q: Can a county judge in district court deny use of medical marijuana ?
Jason Powers
Jason Powers answered on Nov 3, 2017

Yes. Some courts deny a person on either pretrial supervision or probation to abstain, even if medical. Since the law was changed to legalize marijuana that has been on the decrease. If it happens a person may need to get proof from their doctor and provide it to the court.

1 Answer | Asked in DUI / DWI for Washington on
Q: Am I required by law to submit to a breathalyzer test if I'm pulled over for suspected drunk driving or can I refuse

without consequences?

Jason Powers
Jason Powers answered on Oct 10, 2017

You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The... Read more »

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