Did You Get a DUI In Bellingham, WA? Here's What to Do

In Washington, driving under the influence (DUI) of alcohol is common. In 2023 alone, over 369 people were killed in a drunk driving accident in the state, ten of which were in Whatcom County. Recognizing the danger, the Whatcom County Sheriff and Bellingham Municipal Police take drunk driving incredibly seriously.

With their efforts, there are far more people who are arrested and charged with a DUI before an accident. Those people turn to our Bellingham DUI lawyers to help them navigate the Whatcom County Criminal Court System and protect their rights under Washington state laws.

If you’re facing charges for an alcohol DUI, here is everything you need to know about how our knowledgeable Bellingham DUI lawyers can help you protect your rights and your future.

If you've been arrested for an alcohol DUI in Whatcom County, Washington, you have rights under both Washington state and federal laws, including:

• Right To Remain Silent: Protected by the Fifth Amendment of the U.S. Constitution, you are entitled to remain silent to avoid self-incrimination.
• Right To An Attorney: Under the Sixth Amendment, you are entitled to have an attorney present during questioning and any court proceedings. If you cannot afford an attorney, the courts will appoint a public defender.
• Right To Be Informed Of Charges: Law enforcement must inform you of the charges against you under the Sixth Amendment of the Constitution.
• Right To Refuse Field Sobriety Tests: In Washington State, you have the right to refuse field sobriety tests. However, refusal may be used against you in court.
• Implied Consent Law: Under Washington State's Implied Consent Law Revised Code (RCW) 46.20.308, driving a vehicle means consenting to a breath or blood test if lawfully arrested for a DUI. Refusing the DUI test can result in an automatic license suspension and other penalties.
• Right To A Hearing: You have the right to request an administrative hearing and the right to contest a license suspension. Your request must be made within seven days of your arrest.
• Right To A Fast Trial: The Sixth Amendment ensures your right to a speedy trial. Washington State's speedy trial rule (CrRLJ 3.3) also stipulates specific timeframes for when your trial must commence.
• Right To A Presumption Of Innocence: You are presumed innocent until proven guilty. The burden of proof is on the prosecution to prove you guilty beyond reasonable doubt.
• Bail: You may be entitled to bail, depending on the severity of the offense and your criminal history.
• Discovery: Your attorney has the right to access evidence the prosecution intends to use against you.
• Plea Bargain: You may have the opportunity to negotiate a plea bargain with the prosecution.

If you have been arrested for a DUI in Whatcom County, seek legal representation from a Bellingham DUI attorney to protect your rights throughout the legal process.

In the State of Washington, you can be charged with a DUI under several circumstances, including:

1. Having Higher Than The Legal Limit Of Blood Alcohol Concentration (BAC):

• Adults (21 and older): You may be charged with a DUI if you have a BAC of 0.08% or higher (RCW 46.61.502(1)(a)).
• Commercial Drivers: You may face DUI charges if you have a BAC of 0.04% or higher (RCW 46.25.110(1)(a)).
• Minors (under 21): You may face DUI charges if you have a BAC of 0.02% or higher (RCW 46.61.503).

Whatcom County Courts can charge you with a DUI if you are under the influence of drugs, including prescription drugs, over-the-counter medications, or illegal drugs, which impair your ability to drive (RCW 46.61.502(1)(b)).

Whatcom Courts may charge you with a DUI if you are under the combined influence of alcohol and drugs, and this combination impairs your ability to drive safely (RCW 46.61.502(1)(c)).

Even if your BAC is below 0.08%, you can still be charged with a DUI if your driving is demonstrably impaired. Observable impairment can include erratic driving, poor coordination, slurred speech, and failing field sobriety tests (RCW 46.61.502(1)(d)).

You can be charged with a DUI if you have a THC concentration of 5.00 nanograms per milliliter of blood or higher (RCW 46.61.502(1)(b)).

Penalties for a DUI conviction can vary based on factors such as BAC level, prior offenses, and whether there was an accident or injury. Penalties for a conviction include fines, license suspension, mandatory alcohol/drug education programs, probation, and imprisonment.

A DUI conviction in Whatcom County carries serious penalties. To navigate the legal process effectively, consulting with a Bellingham legal professional is crucial.

The cost of a DUI in Whatcom County, Washington can vary widely depending on several factors, such as the specifics of the case, whether it is a first offense, and whether there were any aggravating circumstances. Here is a general breakdown of potential costs:

• Fines And Penalties: For your first-time DUI offense, fines can range from $940 to $5,000. Subsequent offenses or higher BAC levels can result in higher fines.
• Legal Fees: Hiring an attorney can cost between $2,500 and $10,000, depending on the case and the attorney's experience.
• Whatcom County Court Costs: These can range from $200 to $500.
• Driver License Reinstatement Fees: If your license is suspended, reinstatement fees can be around $150.
• Ignition Interlock Device: Installation and monthly maintenance fees for an ignition interlock device can total around $1,000 to $2,000 annually.
• Alcohol/Drug Education And Treatment Programs: Mandatory participation in these programs can cost between $150 and $1,000.
• Increased Vehicle Insurance Premiums: Your auto insurance rates will likely increase significantly, which can add thousands of dollars to your annual insurance costs over several years.
• Towing And Impound Fees: If law enforcement towed your vehicle and it was impounded, costs can range from $100 to $500.

In total, the cost of a DUI in Whatcom County can easily exceed $10,000 to $15,000 when considering fines, legal fees, and other related expenses.

Yes, you may lose your license after a DUI arrest in Whatcom County, Washington. The process and duration of license suspension depend on various factors, such as your BAC and prior offenses, but typically follows:

1. Administrative License Suspension: Under RCW 46.20.308, if you refuse to take a breathalyzer or blood test or if your BAC is 0.08% or higher (0.02% for minors, 0.04% for commercial drivers), your license can be suspended administratively by the Washington Department of Licensing (DOL). The suspension period in Washington ranges from 3 months to 2 years, depending on the circumstances and your driving record.
2. Criminal Conviction: If you are convicted of a DUI under RCW 46.61.502, the court can impose a license suspension. The suspension is typically 90 days for a first offense. For subsequent offenses, the suspension period increases and ranges from 2 to 4 years.
3. Ignition Interlock Device: After your license suspension period ends, you may be required to install an ignition interlock device (IID) on your vehicle for some time as a condition of license reinstatement (RCW 46.20.720).
4. Hearing Request: You have the right to request an administrative hearing at Whatcom County Courts within seven days of your arrest to contest the suspension (RCW 46.20.308).

To understand the specifics of your case and explore options for minimizing these harsh penalties, it’s important to seek legal advice from a Bellingham lawyer.

Whatcom County takes DUIs very seriously, so even a first-time DUI conviction can result in a minimum of 24 hours in jail or 15 days of electronic home monitoring. Fines range between $940 and $5,000, and your Washington driver's license may be suspended for three months.

Additionally, installing an ignition interlock device in your vehicle may be mandatory. You will also be required to complete an alcohol or drug assessment and follow any treatment programs that are recommended. Your penalties can vary based on your blood alcohol concentration (BAC) and any aggravating circumstances.

Facing a DUI charge can be overwhelming, but you don't have to go through it alone. Contact our experienced DUI attorneys in Bellingham for a free consultation.

Our dedicated team will take you through the legal process and create a plan to achieve the best outcome for your case. Get the support you need. Call us today for a free consultation on your DUI case.