Lawyers, Answer Questions  & Get Points Log In
Washington DUI / DWI Questions & Answers
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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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 »

2 Answers | Asked in Car Accidents and DUI / DWI for Washington on
Q: Mother arrested for 2nd offence DUI, she ran a red light and was struck by a vehicle, she denied her breathalyzer.

How much would it cost to get her out and would we need the money up front? What would the process be like?

Jason Powers
Jason Powers answered on Sep 21, 2017

The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Washington on
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
Jason Powers
Jason Powers answered on Sep 1, 2017

Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also,... Read more »

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for Washington on
Q: Was charged with a DUI in 2006 I live out of state how do I resolve it

Shortly after I got in a wreck and suffered a tbi and after a coma I was released from the hospital and went home to ga having no memory of the DUI went to get my motorcycle permit and was informed I cannot due to a DUI conviction in 2008 and since have had medical reasons to wait so long how do I... Read more »

Jason Powers
Jason Powers answered on Aug 11, 2017

Contact Washington Department of Licensing. Ask the them the reason for the hold on your license. It is likely due to a warrant being issued on the DUI case from the court in which it was filed. Your license could also be held up due to an administrative suspension that was imposed by DOL. That... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Washington on
Q: How do I get a copy of my closed case from my DUI? I paid all fines and got everything done.
William C. Head
William C. Head answered on Aug 8, 2017

Go to Clerk of Court's office. Give them your case information. Tell them whether you need certified or regular copies. Be ready to pay, since most courts charge to do this.

View More Answers

1 Answer | Asked in DUI / DWI for Washington on
Q: I got an enhanced license with a misdemeanor of having too high of a THC level.

I never had to go to jail or pay a fine. I just had to get SR22 and that's it. But I qualified for an enhanced license that can take me to Canada and Mexico. Will I face any problems if I go to either of those countries?

William C. Head
William C. Head answered on Aug 7, 2017

Mexico may be satisfied with a certified copy of the CLOSED case, showing you are not out of the country while your criminal case is pending. In Canada, this is not sufficient. You must have permission to enter that country. They share the Homeland Security database, which will show the arrest.... Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: Do I have to get a lawyer for each country I want to go to in order to travel with a dui on my record?

Or is it only certain countries. Please list. Thank you so much for all of your help.

William C. Head
William C. Head answered on Aug 7, 2017

Other countries are more forgiving. Take a certified court copy for each country, showing your case is over, and satisfactorily completed. Canada won't accept this, unless you receive permission to enter.

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Washington on
Q: It's been two years since my first offense dui, how much longer till I can visit Canada
William C. Head
William C. Head answered on Aug 6, 2017

Canada considers you ineligible to enter them country. You must go through a lawyer in that country, and file for permission.

Don't commit a crime,and possibly get convicted.

1 Answer | Asked in DUI / DWI for Washington on
Q: Got 1st offense DUI 2yrs ago when I was 19. I got SR22 Never had to go to jail or pay a fine.

If I am eligible for enhanced ID can I go to Canada where all my friends live? I live in Washington.

Thank you.

William C. Head
William C. Head answered on Aug 6, 2017

Your issue is far more complicated than whatever "deal" you received in Washington, as a first DUI offender. Before you cross the boarder and possibly face a federal crime, contact a well-qualified Canadian immigration specialist.

Here is a very good one that I know. Let her be...
Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: Do I have a DUI? I rear ended another vehicle on the freeway. Was taken in for a breathalyzer,blew .089. Then left after

I received my ticket in the mail. The only infraction I have is Following too close with no mention of the breathalyzer. I was never charged or booked i.e. no finger prints,mug shot or put into a holding cell.

Stan Glisson
Stan Glisson answered on Jul 31, 2017

Some jurisdictions don't file charges right away. Likely you will get a summons in the mail for a court date sometime in the coming month, or two at the most.

Make sure the DOL has your right mailing address, because you will probably hear from them within a week of the time of the...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.