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DUI Defense · King · Pierce · Snohomish Arrested tonight? We answer 24/7 · (206) 467-3190
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Washington DUI Defense

Arrested for DUI in Washington? Here's what happens next.

The short answer

A Washington DUI starts two cases at once — a criminal case in court and a separate fight to keep your license with the Department of Licensing. You have only a few days to act on the license side. Don't talk to anyone about the arrest, write down what you remember, and call a DUI attorney today.

7 days
To request a DOL hearing & save your license
2 cases
Criminal court + DOL run in parallel

What happens after a DUI arrest in Washington?

Direct answer
Two separate cases begin the moment you're arrested: a criminal case in court and an administrative case over your driver's license. They move on different timelines, and the license clock is the one most people miss.

After a DUI arrest, the officer typically confiscates your license and issues a temporary permit. Your first court date (the arraignment) is usually scheduled within a few weeks. But the Department of Licensing (DOL) process is automatic and fast — if you don't act, your license is suspended whether or not you're ever convicted.

  • Criminal side: arraignment, pretrial hearings, motions, and — if needed — trial.
  • License side: a tight window to demand a DOL hearing, or the suspension proceeds on its own.
  • The overlap: what happens in one case can be used in the other. Coordinating both is the whole game.
Washington DUI is governed by RCW 46.61.502. The administrative license action runs under RCW 46.20.308 — a separate process from the criminal charge.

How do I keep my license after a DUI?

Direct answer
You must request a DOL hearing within 7 days of the arrest. Miss that window and the suspension becomes automatic — there's no second chance to ask.

This is the single most time-sensitive thing after a Washington DUI, and it's the deadline people most often blow because they're focused on the criminal charge. Requesting the hearing forces the State to justify the suspension and gives your attorney a first look at the evidence — the stop, the testing, the officer's report.

  • The deadline is firm: 7 days from the date of arrest to request the hearing.
  • It's a real opportunity: winning the DOL hearing can keep you driving while the case plays out.
  • We handle it for you: one call gets the request filed correctly and on time.

What if I refused the breath test?

Direct answer
Refusing carries its own penalty under Washington's implied-consent law — but a refusal case is still very much defensible, and sometimes stronger than you'd think.

Under implied consent, refusing the breath test triggers a longer license suspension and can be raised at trial. That sounds bad, and it's serious — but refusal cases turn on whether the officer gave the warnings correctly, whether the stop was lawful, and what evidence the State actually has without a number. Do not assume refusing sank your case. It often didn't.

Implied consent and the consequences of a test refusal are set out in RCW 46.20.308. The warnings the officer must read are specific — and frequently challenged.

What are the penalties for a DUI in Washington?

Direct answer
A first-offense DUI is a gross misdemeanor — up to 364 days in jail, fines, license action, and an ignition interlock. Penalties climb fast with prior offenses or a high breath-test result.
OffenseJail (statutory range)License impact
First DUI1 day – 364 days90+ day suspension, interlock
Second DUI30 days – 364 days2-yr revocation, interlock
Third DUI90 days – 364 days3-yr revocation, interlock
Felony DUIClass B felonyState prison exposure

Ranges depend on your breath-alcohol level, prior offenses within the look-back period, and the facts of the stop. This is general information, not a prediction for your case — the only way to know your real exposure is to have an attorney review the specifics.

Not sure how serious yours is?

Tell us what happened — we'll tell you exactly where you stand. Free.

Call (206) 467-3190

Can a DUI charge actually be beaten?

Direct answer
Yes — DUI cases are won and reduced every day. The breath number isn't the whole story, and a 40-year defense practice knows exactly where these cases break.

A DUI prosecution has a lot of moving parts, and every one of them is a place the State can get it wrong. We don't accept the police report at face value — we test it.

  • The stop: Was there a lawful reason to pull you over? No valid stop, no case.
  • The testing: Was the breath machine properly maintained and operated? Were the field tests administered correctly?
  • The warnings: Were your rights and the implied-consent warnings read exactly as required?
  • The science: Rising blood alcohol, medical conditions, and timing can all undercut a number.
Why Burg & Lantz

The DUI lawyers who literally wrote the law.

Geoffrey Burg has defended Washington DUIs since 1994 — and authored DUI legislation in Olympia. With Jason Lantz, both attorneys hold a perfect AVVO 10.0 rating. When the State has your breath test, you want the firm that knows the science, the statute, and the courtroom better than the prosecutor does.

1994
Defending WA DUIs · Burg
124/127
Five-star Avvo reviews · Burg
10.0×2
Avvo · both attorneys
Selected DUI Outcomes — sample / illustrative
Dismissed
Unlawful stop · King Co.
Reduced to Reckless
Breath test excluded · Pierce
Not Guilty — Jury
Refusal case · Snohomish

Required noticePast results do not guarantee future outcomes. Every case is decided on its own specific facts.

If you take one thing from this page
Make the call before the 7-day window closes. The first move in a DUI is almost always the cheapest one — and the most important.
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