Arrested for DUI in Washington? Here's What Happens Next

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

In Washington, the DOL hearing has to be requested 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 is 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. A refusal doesn't automatically sink the case. Often, it doesn'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.

Offense	Jail (statutory range)	License impact
First DUI	1 day – 364 days	90+ day suspension, interlock
Second DUI	30 days – 364 days	2-yr revocation, interlock
Third DUI	90 days – 364 days	3-yr revocation, interlock
Felony DUI	Class B felony	State 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 — we'd want to look at the specifics before estimating what you're actually facing.

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, reduced, and dismissed every week. The breath-test number isn't the whole story, and three decades of doing this in Washington courts has taught us where these cases tend to come apart.

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

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

This is what we do — day in and day out.

Geoff has been defending Washington DUIs since 1994. We've literally written the book on it: Jason is a co-author of Defending DUIs in Washington, the LexisNexis treatise other defense lawyers use to learn this practice area. Jason also serves as a legislative liaison for Washington's criminal-defense bar, and he led the work exposing flaws in the source code of the State's breath-test machine — covered by the New York Times, CBS News, and the Seattle Times. We'll tell you the truth about your case, and we won't try to hard-sell you. Both of us hold an Avvo 10.0 rating.

1994

Defending WA DUIs · Burg

125+

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

Get advice before the 7-day window closes. The first move in a DUI is almost always the cheapest one to make — and the most important.

And whether or not we end up being the right fit for your case, we'd rather you call someone before the window than no one at all. Thank you for taking the time to read this.