Puyallup DUI

If you or a loved one has been pulled over and charged with a DUI in Pierce County, your very first step should be to call a lawyer. Under Washington state law, your right to speak with an attorney is guaranteed, so do not hesitate to ask to speak to a lawyer immediately. Getting an experienced Puyallup DUI defense attorney on your side as quickly as possible is the best way to make sure a driving under the influence (DUI) charge does not get out of hand.

No matter how hopeless your situation may seem, it helps to have assistance from a Pierce County DUI lawyer you can trust. We know that each case needs a unique approach, so we always invest the time into researching your case, listening to your concerns, and making sure you understand what is happening throughout the entire process.

This website was designed to give you a basic introduction to DUI charges in Pierce County. For more information on your specific case, please contact our firm directly. We offer a no-cost case evaluation for each prospective client so that you can get to know us, and we can discuss how we can help you fight your charges.

DUI laws in Washington state have become more strict in recent years due to the rise in accidents and fatalities that occur from driving under the influence.

Currently, 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.

In order to understand this law, you should know that alcohol concentration refers to the blood alcohol concentration (BAC) of the driver. Blood Alcohol Concentration (BAC) refers to the percent of alcohol in a person's bloodstream. For example, a BAC of .10% means that an individual's blood supply contains one part alcohol for every 1000 parts of blood.

In order to check the BAC of a driver pulled over for a suspected DUI, the law enforcement officer may try to administer a field sobriety test. The most commonly used field sobriety tests are

1. The Walk-and-Turn- This test requires you to listen to the instructions and then follow the directions, i.e. “take nine steps, each heel-to-toe, along a perfectly straight line.”
2. One-Leg Stand- Fairly self-explanatory. Stand on one leg, sometimes you will be asked to hop up and down.
3. Horizontal Gaze Nystagmus- In layman's terms, this test is known as the “follow the pen” with your eyes test.

According to Washington State law, you are allowed to decline field sobriety tests without penalty. If you have been pulled over for a suspected DUI it may be in your best interest to refuse a field sobriety test.

After the field sobriety test, the officer will move on to a more accurate test for a BAC. In Washington state, this test generally takes the form of a breathalyzer. Breath analyzers do not directly measure blood alcohol content or concentration, instead, they estimate BAC indirectly by measuring the amount of alcohol in one's breath.

More accurate BAC testing will be done at the police station once you have been arrested. These tests can either be done via a blood draw or through a urine sample.

Most states, including Washington, have an implied consent law. This means that if you accept a driver’s license in the state and operate a motor vehicle, you are automatically agreeing to submit to breath or blood tests if an officer of the law suspects you of driving under the influence. Should you refuse the breathalyzer or blood draw, you will receive a more harsh punishment at the time of sentencing.

In the state of Washington, the DUI sentencing structure is dependent upon several determining factors. These factors include

• The blood alcohol content of the driver
• Whether this charge is the first, second, third, or fourth DUI incurred by the driver
• If the accused refused a breathalyzer test during the arrest
• If the accused is under or over the legal drinking age
• If the accused has a Commercial Drivers License (CDL)

Each of these factors will determine if your DUI charge is a misdemeanor or a felony. Maximum penalties for a gross misdemeanor charge include up to 364 days in jail and up to $5,000 in fines.

If you have been charged with a misdemeanor DUI in Puyallup, you will most likely have to make a court appearance at the Pierce County District Court, located in Tacoma.

A felony DUI charge is much more serious than a misdemeanor and is generally only charged if;

1. A driver has four or more prior DUI related offenses within 10 years
2. A driver has a previous conviction for vehicular assault or vehicular homicide while under the influence
3. A driver has a previous felony DUI conviction.

Maximum penalties for a Felony DUI in Washington include up to 10 years in prison and a fine of up to $20,000. All Felony DUI charges brought in Puyallup are adjudicated at the Pierce County Superior Court, also located in Tacoma.

Washington state law also mandates a minimum sentencing grid for all DUI charges. Two examples are listed below:

First Offense DUI-

• If you have a BAC over .08 but under .15 then the minimum sentence is 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.
• If you have a BAC over .15, the minimum sentence is 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.
• If you refused a breathalyzer after being pulled over, the punishment above is applied (dependent upon your BAC) as well as at least 2 days in jail and a driver’s license suspension for 2 years.

Third Offense DUI-

• If you have a BAC over .08 but under .15 and this is your third DUI, the minimum sentence upon conviction will be 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.
• If you have a BAC over .15 and this is your third DUI, the minimum sentence upon conviction will include 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.
• If you refused a breathalyzer test after being pulled over for your third DUI, all of the above-listed minimum punishments will be applied, as well as at least 120 days in jail as well as a driver’s license suspension for 4 years.

Whether you are a first-time offender or facing a new charge with prior offenses, our team of Pierce County DUI defense attorneys understands how to navigate the Washington State justice system. Our team can help you understand the State’s evidence against you and assist in your decision to take a charge to trial or in negotiating a plea to keep this serious offense off of your criminal record.

While each case is unique and no attorney can guarantee any particular result for a client, our Puyallup DUI attorneys have the knowledge and experience to handle whatever charges you are facing. Contact our firm today for a free consultation.