DUI Law

Washignton DUI Law Summarized

Forget all you've heard about double jeopardy. You can be tried twice for the same crime! If you have been arrested for DUI, there are two proceedings:

• The civil case where you can request a DOL hearing
• The criminal case where your freedom can be taken away by a Washington court of law.

Think of the two proceedings as separate, except for one critical factor: they both arise out of the same action on your part, being arrested for driving under the influence.

The civil case involves a driver's licensing hearing . When the officer punches a hole in your license and/or gives you a Hearing Request Form, that is notice that you have 30 days to request a Department of Licensing (DOL) Hearing. If you miss this 30-day deadline, you may lose your driver's license automatically. Not only will you be unable to drive, but after your license is reinstated, you will have to pay high-risk insurance, SR-22 insurance, for three years.

If you lose your license at a DOL hearing but retain your license in a Washington court, you still cannot drive. If you win the DOL hearing, you can still lose your license in court. And if you lose your driver's license at either place (at least for a DUI), you will have to maintain high risk (SR-22) insurance for at least three years following reinstatement of your license.

The "DUI Law" in Washington State is composed of three different statutes:
• the Driving Under the Influence charge,
• the Physical Control charge, and
• the Minor DUI charge.

Below is a brief overview of the charges.

There are two different statutes in Washington that are generally considered to comprise "Adult" DUI. They are RCW 46.61.502, "Driving Under the Influence," and RCW 46.61.504, "Physical Control of Vehicle Under the Influence." RCW 46.61.503 concerns drivers under the age of 21 who consume alcohol.

Driving Under the Influence

Under RCW 46.61.502, a driver is guilty if he/she drives while under the influence of liquor or any drug and:
1. Has a BAC (breath or blood alcohol content) of 0.08 or higher within two hours after driving;
2. Is under the influence of or affected by liquor or drugs;
3. Is under the combined influence of or affected by liquor and any drug.

It is a defense to this charge that the defendant consumed the alcohol after driving but before the administration of the BAC test.

WADUICENTER'S NOTES: This is the most common type of DUI charge, the one where the vehicle was in motion and allegedly driven by a person under the influence of alcohol or drugs.

Physical Control of Vehicle Under the Influence

Under RCW 46.61.504, a person is guilty if he/she has actual physical control of the vehicle and:
1. Has a BAC of 0.08 or higher within two hours after being in physical control;
2. Is under the influence of or affected by liquor or drugs;
3. Is under the combined influence of or affected by liquor and any drug.

It is a defense to this charge that the defendant consumed the alcohol after being in physical control but before the administration of the BAC test.

WADUICENTER'S NOTES: This is a less common charge and happens when a person, allegedly intoxicated, is in control of a vehicle. This is usually when the vehicle is parked, but the keys are in the ignition, and the occupant of the driver's seat has the present ability to operate the vehicle.

Driver Under Twenty-One Consuming Alcohol

Under RCW 46.61.503, a person is guilty of this charge if he/she:
1. Is under age 21;
2. Has a BAC of 0.02 or greater within two hours after operating or being in physical control of a motor vehicle.

Like the adult statutes, it is a defense that the drinking occurred after the driving or physical control but before the BAC test.

Like all statutes, these are open to interpretation by the courts and are affected by case law.