Yelm DUI

Have You Been Charged With Driving Under the Influence in Thurston County?

Washington law takes all DUI crimes seriously. If you are arrested for drunk driving, you need a skilled Yelm DUI lawyer from the moment of arrest and throughout the criminal process.

Even though any experienced Yelm DUI defense attorney will defend your case with minimal input from the client, our firm feels it’s important for you to have a basic understanding of Washington state drunk driving laws. The resources on this webpage attempt to give you a glimpse of what you may be facing if you have been charged with driving under the influence in Yelm.

Of course, each case is unique, and our Yelm DUI defense lawyers pride themselves on listening to the details of every case in order to build the perfect defense for each client. Contact our office today for a free case consultation so that we can begin to work out a specialized defense for your unique circumstances.

Frequently Asked Questions About DUI

Our legal team is well versed in all aspects of the DUI arrest from the initial stop, through field sobriety testing, the decision to arrest, and concluding with breath testing or chemical testing. With over 50 combined years of experience handling criminal cases in the state of Washington, our Yelm DUI defense attorneys have worked on hundreds of DUI cases. Below we’ve compiled some of the most commonly asked questions about DUI’s in Thurston County.

What is Washington’s State Law Regarding DUI?

Washington State Statute RCW 46.61.50 states that
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood ….or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood …. or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

Under certain conditions, you may be charged even if you have a lower BAC. These include:

• Driving a commercial vehicle (BAC at or over 0.04%)
• Being under the legal age of consumption, which in Washington is 21 (BAC at or over 0.02%)

What is a BAC?

BAC stands for Blood Alcohol Concentration. Most people mistake the C for Content, which is not only wrong but incredibly misleading. If a 120-pound person and a 250-pound person both had a 5-ounce glass of wine, each person’s blood would “contain” 12% alcohol, because that’s the amount of alcohol in a glass of wine. However, the concentration of alcohol will be much different between those two people, because blood Alcohol Concentration looks at the measure of alcohol in a person’s bloodstream. The 250-pound person will generally have a much lower BAC than the 120-pound person after one glass of wine.

What is the Implied Consent Law?

Washington State Statute RCW 46.20.308
“(1) Any person who operates a motor vehicle within this state is deemed to have given consent…. to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug”

Because of the Implied Consent Law, drivers accused of DUI in Yelm risk having more strict punishments added to their sentence if they refuse a breathalyzer. However, this does not mean that you can’t refuse, just that there is a mandatory punishment if you do refuse. Before deciding to take or refuse an evidentiary breath test, you should always exercise your right to consult with an attorney.

Can I Refuse to Take a Field Sobriety Test?

Yes, you can. In Washington State, a police officer cannot force you to take a field sobriety test. Currently, no state in the United States of America legally requires its citizens to submit to field sobriety tests. However, most people are unaware of this and agree to take the field sobriety tests anyway. Most individuals in this situation view the field sobriety tests as their opportunity to prove to the officer that they are not drunk and are OK to drive.

If you have a question about DUI laws in Thurston County that wasn’t answered here, please don’t hesitate to contact our Yelm criminal defense attorneys directly. We offer a free case specifically to answer any and all questions you may have about your specific charge.

DUI Penalties Under Washington State Laws

Upon arrest for DUI two processes begin, the criminal case and the Depart of Licensing (DOL) license suspension case. Washington State’s DOL automatically suspends the license of individuals arrested for DUI, which raises the amount of time your license will be suspended depending upon whether this is your first, second, or third DUI charge.

For the criminal case, Washington state currently carries a mandatory minimum sentencing grid for all DUI charges throughout the state. This means that if convicted, you face the below penalties, at minimum.

First Offense DUI-

1. BAC Under .15- at least 24 consecutive hours in jail (or 15 days of Electric Home Monitoring (EHM)), a 90-day license suspension, a fine of $350 plus costs and assessments, 1-year ignition interlock requirement for your vehicle, and 5 years of probation
2. BAC Over .15- at least 2 days in jail (or 30 days of EHM), 1 year of license suspension, a fine of 500 dollars plus costs and assessments, 1-year ignition interlock requirement for your vehicle, and 5 years of probation.
3. Breathalyzer Refusal- all of the above listed punishments as well as at least 2 days in jail and a driver’s license suspension for 2 years

Second Offense DUI-

1. BAC Under .15- at least 30 days in jail, 60 days of EHM, 2 years license suspension, a fine of $1014 plus costs and assessments, 5 years ignition interlock requirement for your vehicle, and 5 years of probation
2. BAC Over .15- at least 45 days in jail, 90 days of EHM, 3 years license suspension, a fine of $1405 plus costs and assessments, 5 years ignition interlock requirement for your vehicle, and 5 years of probation
3. Breathalyzer Refusal- all of the above listed punishments as well as at least 45 days in jail and a driver’s license suspension for 3 years

Third Offense DUI-

1. BAC Under .15- at least 90 days in jail, 120 days of EHM, 3 years license suspension, a fine of $1805 plus costs and assessments, 10 years ignition interlock requirement for your vehicle, and five years of probation
2. BAC Over .15- at least 120 days in jail, 150 days of EHM, 4 years license suspension, a fine of $2605 plus costs and assessments, 10 years ignition interlock requirement for your vehicle, and 5 years of probation
3. Breathalyzer Refusal- all of the above listed punishments as well as at least 120 days in jail as well as a driver’s license suspension for 4 years.

First, second, and third offense DUI are generally charged as gross misdemeanors. All gross misdemeanors charged in Yelm are adjudicated at the Thurston County District Court, located in Olympia.

A conviction for DUI is a Class C Felony if the driver has: (a) four or more DUI-related prior offenses within 10 years; or (b) any prior conviction of a DUI-related vehicular homicide or vehicular assault, or a comparable out-of-state conviction, or (c) if the person has ever previously been convicted of felony DUI in Washington. Felony DUI’s are adjudicated at the Thurston County Superior Court, also located in Olympia.

How Can a Yelm Criminal Law Attorney Help Me With DUI Charges?

If you have a vested interest in your future, want to make sure that your rights are protected, and want to ensure the best possible outcome, you will want to retain a Yelm DUI defense attorney as soon as you have been arrested. Not only should you have an attorney, but you also have the right to an attorney. So important is the right to an attorney that it is guaranteed by the United States Constitution. Any person who’s watched a crime drama on television has heard some version of the Miranda Rights that includes “you have the right to an attorney, if you cannot afford one, one will be provided for you.”

When you represent yourself, not only do you give up your right to an attorney, you also give up your right to remain silent which puts you at a significant disadvantage to the prosecution backed by the full power of the government. Washington State DUI laws are some of the most complex laws we have on our books. A proper defense requires specialized knowledge and training. Contact our firm today to set up a free case consultation. We will do everything possible to secure the most positive outcome for your case by preparing and implementing a personalized strategy for you.