In Washington state, getting a DUI dropped is not a simple process, but it is possible with the right legal strategy and legal assistance. The key to a favorable outcome is to challenge the legal issues and legal errors in your case, from the initial traffic stop to the chemical test results.
A criminal defense attorney can build a strong legal defense by scrutinizing whether police officers had probable cause for the DUI arrest, if field sobriety tests were administered correctly, or if there was a proper chain of custody for any blood sample. This process can lead to reduced penalties, a plea bargain to a less serious offense, or even the dismissal of charges, helping you avoid jail time, a criminal record, and a license suspension.
Table of Contents
Torrone’s Takeaways
- You must act quickly. The first 48 hours after a DUI stop are critical.
- Your DUI arrest starts two different cases. One is criminal, and one is administrative.
- The DOL hearing is time-sensitive. You have only seven days to request a hearing.
- Police must have a reason for the traffic stop. They must have reasonable suspicion.
- You can refuse field sobriety tests. You do not have to participate in them.
- Your attorney can challenge the test results. Chemical tests are not always perfect.
- A plea bargain can reduce your penalties. It helps you avoid jail time.
The First 48 Hours After Your Washington DUI Stop
Upon a DUI arrest, the period immediately following is a high-stakes time that can directly influence your legal process and the eventual outcome of your case. Taking swift, informed action can be the difference between a favorable outcome and a significant license suspension or criminal record. It is vital to seek legal assistance and understand the dual nature of the charges – criminal and administrative – that are now in motion.
Your driver’s license suspension and the DOL hearing deadline
In Washington, a DUI arrest automatically initiates a separate administrative case with the Department of Licensing (DOL) concerning your driving privileges. To fight an automatic license suspension, you must request a hearing with the DOL within seven days of your arrest. Missing this deadline will result in an automatic license suspension, regardless of the outcome of your criminal defense case in court.
What happens when you refuse a breathalyzer test
Under the state’s implied consent law, refusing a chemical test results in an automatic and lengthy license suspension. Your refusal of a breathalyzer or a blood alcohol concentration test is admissible in court as evidence of guilt. A law enforcement officer can still obtain a warrant for a compulsory blood sample, but the refusal itself can be a major legal issue that impacts your case.
Protecting your rights when talking to law enforcement
After a DUI arrest, you have the right to remain silent and should do so. You are not obligated to answer questions about what you were doing or how much you had to drink. It is also important to remember that field sobriety tests are voluntary and not required. Politely asserting your rights and requesting to speak with a criminal defense attorney immediately can prevent you from making self-incriminating statements.
Finding Flaws in the Initial Traffic Stop
A skilled criminal defense attorney will scrutinize the very beginning of your case: the initial traffic stop. If a law enforcement officer did not have a valid reason for the stop, any evidence gathered afterward, including the results of field sobriety tests, could be thrown out. Challenging the legitimacy of the stop is a foundational part of a strong legal strategy for your DUI defense.
When a police officer lacks reasonable suspicion
For a traffic stop to be legal, police officers must have reasonable suspicion that a crime or traffic infraction has occurred. A hunched-over posture while driving or simply swerving within your lane is generally not enough to justify a stop. A qualified attorney will investigate the specifics of the situation, including whether the officer’s testimony is consistent with their report, to determine if they had a valid basis for the stop. Without probable cause, the entire DUI arrest is susceptible to being invalidated.
Challenging improper signaling and other pretexts
Police often use minor traffic violations as pretexts for a traffic stop to investigate for a DUI. An attorney can argue that the alleged violation was not a legitimate reason for the stop. Some examples of pretextual stops include:
- Minor or questionable lane travel
- Failure to signal properly
- A broken tail light that was not broken
Using dash cam and body cam video to prove your case
Dash cam and body cam footage can be a powerful tool for your DUI defense. Video evidence provides an objective record of the traffic stop, including the officer’s conduct and your demeanor. The footage can be used to:
- Contradict an officer’s report
- Show that you did not swerve or commit an infraction
- Prove that you were cooperative and did not appear intoxicated
If the video shows a lack of probable cause, it can be used to file a motion to suppress evidence, potentially leading to a dismissal.
Attacking the Field Sobriety Tests
Field sobriety tests are a cornerstone of many DUI cases, but they are not infallible. They are subjective assessments administered by a law enforcement officer at the scene of the traffic stop.
Walk and Turn test
The Walk and Turn test requires a suspect to walk heel-to-toe along a straight line, turn, and walk back. Many people fail this test even while sober due to a lack of physical coordination or the high-stress nature of the situation. Your lawyer can argue that environmental factors, such as uneven pavement, poor lighting, or weather conditions, influenced your performance.
One Leg Stand test
Balancing on one leg for a specified period is a task that can be influenced by many factors. The test’s results can be challenged if the surface was uneven or slippery. An individual’s shoes, weight, or age can also make it difficult to perform this test accurately, regardless of their blood alcohol content. The high degree of subjectivity in an officer’s scoring of the test makes it a common target for a strong legal defense.
Horizontal Gaze Nystagmus test
The Horizontal Gaze Nystagmus (HGN) test checks for involuntary eye jerking. The officer must administer the test in a very specific, standardized way to be considered valid. Any deviation from this protocol, such as moving the stimulus too quickly or holding it for an incorrect amount of time, can render the results unreliable and subject to challenge.
Physical or medical conditions
Certain medical conditions, injuries, or even dietary choices can mimic the signs of intoxication. Conditions like an inner ear disorder or even a Keto Diet can affect balance and coordination, leading to a flawed performance on field sobriety tests. A qualified attorney will explore such issues to provide an alternative explanation for the test results.
Exposing Errors in Breath and Blood Tests
The results from a chemical test are often considered definitive proof of guilt by the prosecution, but they are not immune to a strong DWI defense. A criminal defense attorney will scrutinize the scientific and procedural validity of these tests, seeking out any missteps by law enforcement officers that could lead to a dismissal of the evidence. Legal defenses could focus on the device’s calibration or flaws in the handling of your blood sample.
The 15-minute observation rule and its implications
Before administering a breathalyzer, officers must observe the suspect for at least 15 minutes to ensure nothing is put in their mouth that could interfere with the test. This includes not eating, drinking, smoking, or vomiting. If the officer fails to maintain continuous, uninterrupted observation, a qualified attorney can argue that the blood alcohol levels obtained from the test are unreliable and should be suppressed.
Proving mouth alcohol interference
Residual alcohol in the mouth can skew a breathalyzer reading, leading to a falsely elevated blood alcohol content (BAC) reading. This can be caused by:
- Recently used mouthwash
- Acid reflux or GERD
- Belching or burping
An experienced attorney can highlight how mouth alcohol could have interfered with the results, especially if the officer failed to follow the observation period rule.
When a breathalyzer device is not properly calibrated
Breathalyzers must be regularly maintained and calibrated to ensure accuracy. If a device has not been properly serviced, or if a law enforcement officer is not certified to use it, the test results are open to challenge. Your attorney can subpoena the device’s maintenance and calibration records to expose any negligence. A successful challenge here can render the chemical test results inadmissible in court.
How to challenge the chain of custody for blood samples
A blood test is often considered more accurate, but it is not flawless. The chain of custody is the process of tracking the handling and storage of the blood sample from the moment it is drawn until it is tested in the lab. Any break in this chain – if the sample was improperly labeled, stored at the wrong temperature, or not sealed correctly – can be grounds for a strong legal defense, as the integrity of the sample cannot be guaranteed.
What Happens If Your Case Is Not Dropped?
Sometimes the best legal strategy is to negotiate a favorable outcome rather than go to trial. If your DUI defense attorney is unable to get the charges dropped, the next step is often plea bargaining. In Washington, prosecutors may offer to reduce the DUI charge to a less serious offense. Accepting a plea bargain can result in reduced penalties and allows you to avoid the risk of a trial and a more severe sentence.
The common plea deal known as a “wet reckless”
A “wet reckless” is a common term for a plea agreement where a DUI charge is reduced to a charge of reckless driving. The “wet” indicates that the offense involved alcohol, and that fact will be noted on your criminal record. While this is still a serious offense, it is a significant step down from a DUI. The penalties for a “wet reckless” plea are typically much less severe, often involving shorter probation periods, smaller fines, and potentially no required ignition interlock device.
Reckless driving versus negligent driving first degree
In Washington, both reckless driving and negligent driving first degree are potential less serious offense options to a DUI. Reckless driving is a gross misdemeanor and requires the prosecution to show you drove with “willful or wanton disregard for the safety of persons or property.” Negligent driving first degree is a lesser misdemeanor that requires showing you drove in a negligent manner and exhibited the effects of having consumed alcohol. This distinction is subtle but can be a powerful legal defense tool for your attorney when negotiating a plea.
How a successful plea bargain can help you avoid jail time
The primary benefit of a successful plea bargain is avoiding the possibility of jail time. By pleading guilty to a lesser charge, you remove the risk of a conviction for DUI, which carries mandatory jail time even for a first offense. A plea agreement might instead result in a sentence of community service hours or attendance at DUI school, allowing you to keep your freedom and continue with your life.
Title: Washington DUI Penalties at a Glance
| Offense | Jail Time | Fines | License Suspension | Ignition Interlock Device |
| 1st Offense | 1 to 364 days | Up to $5,000 | 90 days to 2 years | At least 1 year |
| 2nd Offense | 30 to 364 days | Up to $5,000 | 2 years | 5 years |
| 3rd Offense | 90 to 364 days | Up to $5,000 | 3 years | 10 years |
Dealing with the Department of Licensing Hearing
The administrative case concerning your license suspension is just as important as your criminal case. Handled by the Department of Licensing (DOL), this proceeding focuses solely on your driving privileges and is entirely separate from the court’s criminal process. A successful DUI defense requires fighting on both fronts to protect your ability to drive.
This is a separate case from your criminal charges
The DOL hearing is an administrative matter, not a criminal one. Its purpose is to determine whether your license should be suspended based on your DUI arrest and whether you refused or failed a chemical test. For example, the evidence considered in the DOL hearing is the sworn report of the law enforcement officer. Because the two cases are independent, a win in one does not automatically guarantee a win in the other.
Your license can still be suspended even if your criminal case is dropped
An acquittal or a dropped DUI charge in criminal court does not affect your license suspension through the DOL. The DOL case relies on different standards of proof and is not bound by the criminal court’s decision. It is possible to have your criminal case dismissed but still face a license suspension for a period of time.
The importance of fighting the DOL suspension
- Your ability to drive to work, school, and other essential locations is at risk.
- A suspension can lead to higher insurance rates.
- Winning the DOL hearing can strengthen your criminal case by challenging the officer’s actions and evidence.
How a DUI Lawyer Builds Your Defense
A skilled DUI defense attorney doesn’t just represent you in court; a legal expert builds a methodical and strategic case from your initial consultation forward. The right legal strategy involves a deep understanding of the legal process, using defense tactics to weaken the prosecution’s case.
The power of motions to suppress evidence
A cornerstone of a DWI defense is filing motions to suppress evidence that was improperly obtained. A qualified attorney will identify if police officers lacked probable cause for the stop or arrest, or if they failed to follow protocol with field sobriety tests. A successful motion can exclude key evidence, sometimes leading to a dismissal of the entire case.
Negotiating with prosecutors for a more favorable outcome
Even with strong evidence against you, your attorney can work to secure a more favorable outcome. Plea bargaining is a common and effective tactic, where your attorney negotiates with the prosecutor for reduced penalties, such as a plea to a less serious offense. This approach can help you avoid the more severe consequences of a DUI conviction.
When your attorney prepares for a jury trial
When a plea bargain is not an option, your criminal defense attorney will prepare for a jury trial. This involves meticulously reviewing all evidence, challenging the credibility of witnesses, and presenting a compelling defense to the jury. Trial preparation is a detailed process that is required to fight the most serious DUI charges and a lawyer with experience in the courtroom can make all the difference.
Consequences Beyond the Courtroom
A DUI conviction extends far beyond the criminal and administrative sanctions imposed by the court. The financial and personal burdens can be substantial and long-lasting, affecting everything from your ability to get to work to your personal finances. A successful DUI defense is about more than just avoiding jail time; it is also about mitigating these serious, long-term repercussions.
The impact of a DUI on your insurance and finances
A DUI conviction almost guarantees a dramatic increase in your car insurance rates. Insurance companies view drivers with a criminal record as high-risk, leading to premium hikes that can last for years. You will likely be required to file an SR-22 form, a certificate of financial responsibility, which is an additional cost. A conviction can also affect job prospects and credit ratings.
Mandatory ignition interlock devices and their costs
If convicted, you will be required to install an ignition interlock device (IID) in your vehicle. The device, which requires a clean breath sample to start your car, comes with a number of costs, including:
- Installation fees
- Monthly lease or rental fees
- Calibration fees every few months
These expenses can add up to hundreds or even thousands of dollars over the required period.
Finding court-ordered alcohol or drug treatment programs
The court may mandate participation in alcohol education or a substance abuse treatment program. These programs are often required as part of a sentence or as a condition of a plea bargain. The fees for these programs can be significant, and you are responsible for paying them, even if you are on a restricted income.
Title: Additional Costs of a DUI in Washington
| Type of Cost | Estimated Cost Range | Description |
| Ignition Interlock Device | $100 – $150 per month | Mandatory installation and monthly fees. |
| Alcohol/Drug Assessment | $100 – $200 | A required evaluation to determine treatment needs. |
| DUI School/Treatment | $150 – $400+ | Cost of court-mandated education or counseling. |
| License Reinstatement | $150+ | Fee to reinstate your driver’s license after suspension. |
| SR-22 Insurance | Varies widely | Proof of financial responsibility, often with much higher premiums. |
Frequently Asked Questions about Getting a DUI Dropped
1. Can I be convicted of a DUI if I only failed the field sobriety tests?
Yes. While the field breathalyzers are used to help determine probable cause, a conviction can still be based on an officer’s observations of your driving and physical condition, even without chemical test results.
2. Is a plea bargain a good option for my DUI case?
A plea bargain can be a strategic choice to avoid the risks of a jury trial. The goal is to receive reduced penalties and get a less serious offense on your criminal record.
3. What is a deferred prosecution program?
A deferred prosecution program is a type of pretrial diversion that allows you to undergo a substance abuse education program. It allows for the dismissal of charges if the program is completed successfully.
4. What is the difference between a breath test and a blood test?
A driver blows into a tube to take a breath test, while a blood test chain-of-custody must be strictly maintained for a blood sample. Blood readings can be more accurate.
5. What is the implied consent law?
In Washington, the implied consent law means you give permission for a chemical test by driving. Refusing the test results in an automatic administrative and license reinstatement fees.
6. Do I have to perform field sobriety tests if a police officer asks?
No. You are not legally required to perform field sobriety tests, and declining to do so cannot be used against you in court.
Conclusion
If you or a loved one is facing a DUI charge in Washington, it is a serious situation with lasting consequences. The legal system can be complex and intimidating, but a strategic defense is possible. Seek legal information from a qualified attorney immediately to create a personalized plan to fight your charges and protect your rights.
