Getting pulled over for a DUI in Washington State can be an unsettling experience, especially if you don’t know what comes next. Will you be arrested on the spot? Can you refuse a breath test? How long will your license be suspended? These are just a few of the questions racing through your mind.
Understanding the DUI arrest process can help you prepare for what’s ahead and avoid making costly mistakes. At LaCross & Murphy, we assist individuals in Port Orchard and throughout Kitsap County who are facing DUI charges, by providing legal defense to help them protect their rights.
This blog explains what to expect during a DUI traffic stop in Washington State, including the traffic stop, field sobriety tests, booking process, potential penalties, and the importance of legal representation.
What Happens During a DUI Stop?
Most DUI arrests begin with a traffic stop, often because an officer observes signs of impaired driving, such as:
- Swerving or erratic driving
- Speeding or driving too slowly
- Running a red light or stop sign
- Failing to use turn signals
Field Sobriety and Breath Tests
Once pulled over, the officer may ask questions and look for signs of impairment, such as slurred speech or the smell of alcohol. They may request that you:
- Perform field sobriety tests (e.g., walking in a straight line, standing on one leg)
- Take a breathalyzer test to measure your blood alcohol concentration (BAC)
In Washington, if your BAC is 0.08% or higher, you can be arrested for DUI. However, even if your BAC is below the limit, officers can still arrest you if they believe you are impaired.
What Happens After a DUI Arrest in Washington?
1. Booking and Processing
If arrested, you will be taken to the police station for booking, which includes:
- Recording your personal information
- Taking fingerprints and a mugshot
- Holding you in custody until bail is set or you are released
2. Administrative License Suspension
Washington State has an implied consent law, meaning that by driving, you agree to take a breath or blood test if lawfully requested. Refusing a test can result in an automatic license suspension for at least one year. If you fail a breath test (BAC of 0.08% or higher), your license may be suspended for 90 days to two years by the Department of Licensing (DOL) unless you request a hearing within seven days of your arrest.
3. Your First Court Appearance: The Arraignment
The arraignment is your first court appearance, where you will:
- Hear the formal DUI charges against you
- Enter a plea: guilty, not guilty, or no contest
- Learn about possible penalties and restrictions
After the arraignment, the court will set a pre-trial hearing where your defense attorney can negotiate with the prosecution or prepare for trial.
Potential DUI Penalties in Washington
Washington State has strict DUI laws, and penalties vary based on BAC level, prior offenses, and case circumstances. Possible consequences include:
- Fines: Ranging from $990.50 to $10,000 (plus the cost of any assessments)
- License Suspension: 90 days to four years, depending on prior offenses
- Jail Time: One to 364 days for a first-time offense
- Ignition Interlock Device (IID): Mandatory for most DUI convictions
- Alcohol Treatment Programs: Court-ordered assessments and counseling
Contact LaCross & Murphy for Your DUI Defense
A DUI conviction can have long-term consequences, including increased insurance rates and challenges with employment. At LaCross & Murphy, we work to protect your rights, explore possible defenses, and guide you through the legal process.
If you or a loved one has been arrested for DUI in Port Orchard or anywhere in Washington State, contact LaCross & Murphy at (360) 447-9365 or visit our contact page to schedule a consultation.
