A friend of mine was arrested for DUI in Washington and none of us actually really know what happens after a DUI arrest. What does he need to understand about his DUI case first and foremost?

Cailyn

Renton, WA

The very first thing that your friend needs to understand after his DUI arrest in Renton, Washington is that he is facing two separate prosecutions. The first case would be with the Washington State Department of Licensing. If he either provided a blood or breath sample that was above .08 percent, or he refused to submit to a blood or breath test at the hospital or police station, the Washington State Department of Licensing would attempt to suspend his driver’s license for a minimum 90 days to one year.

The second case that he would face after his DUI arrest is in the Washington criminal court system. The court where he will be ordered to appear would depend largely on where he was arrested. The DUI criminal court trial would start at his arraignment wherein he would enter a plea of guilty, not guilty or no contest. If he hired a DUI lawyer, he would not be required to appear on his first court date.

I’m concerned that my sister would be greatly affected after her DUI arrest in Washington. What would be the emotional and financial costs of DUI on her?

Vern

Kennewick, WA

After being arrested for DUI in Kennewick, Washington, your sister might be ashamed of telling everyone about the DUI arrest. It would also be shameful for her on having to go to court and dealing with the Department of Motor Vehicles (DMV). She also might feel shame of having to tell her boss about the DUI arrest. The psychological and emotional costs of DUI are actually different for everyone but it would be the same when it comes to financial cost.

Even if your sister decides not to fight the DUI charges against her, her finances would still take a big hit. The initial costs would be the fines, penalties and surcharges. If it would be required for her, it would also cost money to do the sheriff’s work program. She would also have to pay a fee to choose, within certain limits, when she serves her jail time so that it is the least disruptive to her life. There would also be a program fee for enrolment in the alcohol classes and she would have to pay the DMV for reinstating her driver’s license.

I am afraid my brother’s DUI arrest in Washington would have a negative impact on his record. Isn’t that everyone who is arrested for DUI guilty of the charge?

Silas

Issaquah Plateau, WA

It is absolutely not true that the belief that everyone who is arrested for DUI guilty of the charge. This is what we call “The Guilt Myth.” There are numerous ways in which a person could be falsely accused of DUI and your brother’s DUI arrest in Washington could just be one of them. For example, breathalyzers and field sobriety tests are extremely unreliable. If having a blood alcohol content of 0.08 percent is a crime and 0.079 is not, and if alcohol absorption is a time-sensitive process which varies with a person’s metabolism, a false accusation is highly possible that countless Americans have been the victim of.

It is a damaging myth that even some lawyers believe the notion that everyone who is accused of a DUI is guilty of the charge. But unconsciously, no lawyer who believes this myth is worthy of representing your brother on his DUI charge. If your brother certainly believes that he is innocent of the DUI charges against him, he needs to find a DUI lawyer who would definitely fight to prove just that.

I’m always careful about driving every time a have a little drink because I’m afraid of getting caught for drunk driving. What would I do during a DUI arrest in Washington and what are the different blood alcohol tests?

Freddie

Vancouver, WA

If in case in the future you will be pulled over by a police officer because of a DUI suspicion in Vancouver, Washington, never ever answer a police officer’s question pertaining to any information if you have been drinking. This would prevent incriminating statements that could be used against you in court. You should practice your Miranda Rights against self-incrimination especially if you are already under arrest. You also have a right to a lawyer if the police officer already placed you under arrest. If you will be asked to take the field sobriety tests, you can politely refuse to undergo any of it because you are not obligated to do so by law.

But if you will be asked to take the blood alcohol test, you simply cannot refuse the test because of the implied consent law that you agreed upon when you obtained your driver’s license. Under this law, you are obligated to submit to a chemical test to determine your blood alcohol content (BAC) and if you refuse to take the test, your driver’s license will be suspended immediately. There are three ways the police officer use to determine your BAC. First is the drawing of blood sample from your arm, second is obtaining a urine sample and third would be obtaining a breath sample by blowing into a machine called a breathalyzer.

My father is a company driver and just two days ago, he was charged with DUI here in Washington. He wasn’t fired by the company he works for because he has been employed there for more than a decade and this is his first DUI charge. What would be the effects of his DUI arrest on his job as a driver?

Izzie

Shoreline, WA

A DUI arrest in Washington State sets in motion two ways that your father can suffer due to loss of his license. First is the administrative license suspension at the hands of the Department of Licensing and by court action if he is subsequently convicted of DUI.

Immediately after the DUI arrest, if he didn’t refuse the blood alcohol test, his driver’s license will be suspended for 90 days and he may be eligible to have a temporary restricted license but only after he has served 30 days of the suspension. Thus, since his job absolutely depends upon driving, a DUI arrest can make him unable to perform his job for a minimum of 30 days.

If he survives the 30 days of absolute suspension, he will then be eligible for a temporary restricted license which will permit him to drive to and from work for the remaining 60 days of the 90-day license suspension. His employer must sign the temporary restricted license application.

Since your father is driving a company car, as a condition of granting a temporary restricted license after a DUI arrest, the Washington State Department of Licensing requires proof that an ignition interlock device is installed in the vehicle that your father is driving. This device is a breath testing machine attached to the car’s ignition that he must blow into every time he starts the vehicle and also periodically while driving the vehicle. The car will not start if alcohol is present and the horn will honk and lights flash if alcohol is detected while driving.