Washington State has some of the strictest Driving Under the Influence (DUI) laws in the nation. A conviction for DUI will result, at a minimum, of the following penalties:
- a mandatory license suspension
- at least one day of mandatory jail time
- a mandatory alcohol/drug evaluation and completion of the recommended treatment
- attendance at a Victim's Impact Panel
- fines, restitution and court costs
Driving under the influence is generally a gross misdemeanor; however, if you have four or more qualifying offenses (DUIs, Physical Control, etc), or if you have ever been convicted of vehicular homicide or vehicular assault, then it is a class C felony.
The penalties you face increase depending on the number of prior DUIs you may have, and the amount of alcohol in your system as determined by the breath test. Generally, the penalties are higher if your BAC (Blood-Alcohol Content) is above 0.15, and they are higher still if you refuse to take the breath test at all.
Should I request a hearing to review the suspension of my driver's license?
Yes! Losing your driver's license is often times the harshest consequence for a person convicted of DUI. In today's society people rely on their cars to get to work, church, school, the doctor, and countless other destinations. What most people don't know is that you can lose your license even if you are never convicted. If you are arrested for DUI and your BAC is above 0.08, the Department of Licensing will suspend your license administratively for at least 90 days, even if you are never convicted of DUI. And if you refused to take the breath test, the administrative suspension will be for at least 1 year. To save your driver's license you must request a hearing with the Department of Licensing within 30 days of your arrest. You should have received paperwork instructing you on how to request this hearing when you were arrested. You can also request a hearing on-line at the Department of Licensing website. You should talk to an attorney as soon as you can after you have been arrested, so that your attorney can assist you at the administrative hearing and fight to save your driver's license.
Should I take a breath test?
This is the most common question that people have. The answer is yes – usually. There are some situations where you may not want to take the breath test, but they are the exception. The penalties for DUI increase if you refuse to take the breath test. If you take the test, your attorney may be able to get the results of the test suppressed.
You should ask to speak to an attorney immediately after you have been arrested, to evaluate your specific situation. The police must take reasonable steps to put you in contact with an attorney. If you don't know the name or phone number of an attorney to call, you should ask to speak to the public defender. The police are not required to wait indefinitely while you try to contact an attorney before they ask you to take the breath test.
I blew under the legal limit, so why was I arrested?
Many people believe that they have to “blow” above a 0.08 on the breath test in order to be charged with DUI. That is not true. You can also be charged and convicted of DUI if your ability to drive a motor vehicle has been impaired by alcohol or other intoxicating drugs. In other words, if you have consumed any alcohol or other drugs (including prescription medication) and the police have evidence that your driving was impaired as a result, they can charge you with DUI.
Moreover, the police have an incentive to charge you with DUI even if you are under the legal limit: If you are charged with a DUI, and the prosecutor later reduces the charge in exchange for a guilty plea, the conviction will still count as a prior DUIeven though you pled guilty to a different charge. If you are later arrested again for DUI, it will be your second (or third, etc.) offense.
I was over the legal limit, so I'm automatically guilty, right?
No. Even if you took a breath test and were found to be over the legal limit, your case is not lost. There are many ways an attorney can try to get the breath test excluded from evidence. Don't give up! The higher the breath test, the more you need the services of an attorney who understands the science behind the breath testing machine. The technical requirements for administering the breath test are complicated and the officials in charge of running the breath test program have been extraordinarily sloppy in the recent past, leading to a stunning number of breath tests being excluded from evidence. Even if the jury is told about your breath test, a good attorney can help a jury understand how unreliable the breath test is. Give us a call and let us fight to make sure that you get a fair shake.
 
a local Spokane DUI/DWI attorney
Aaron M. Rasmussen
Practice Areas
Criminal Law: DUI/DWI, Criminal Traffic (Reckless Driving, Felony Eluding, etc.), Domestic Violence, Drug Offenses, Sex Offenses, Theft, Robbery, Burglary, Assault, Homicide, and all Felonies and Misdemeanors
Juvenile Law: Representation of Juveniles Charged with Criminal Offenses
Appellate Work: Appeals of all Criminal and Juvenile cases
Education
Gonzaga University School of Law, JD, graduated cum laude
Oberlin College, BA, History
Professional
Associations
- Licensed to practice law in the State of Washington and the United States District Court for the Eastern District of Washington
- Member, Spokane County Bar Association
- Member, Washington Association of Criminal Defense Lawyers
- Member, WSBA Family Law Group
About Aaron M. Rasmussen
While still in law school Aaron developed a passion for criminal defense work working for the Spokane County Prosecutor's Office. There is a common misconception in our society that the legal system protects the rights of the accused. That is not true – the system is indifferent, if not openly hostile to the rights of the average citizen. It is the criminal defense attorney that protects the rights of the citizens and ensures that the government must abide by the boundaries set by the constitution.
After graduating from Gonzaga University School of Law, Aaron went to work for a small local firm where he practiced criminal defense and personal injury law. After two years of fighting both the government and the insurance companies, he decided to start his own firm so that he could focus entirely on criminal defense. Now he devotes himself full time to defending the rights of citizens who have been accused of committing a crime.
Aaron and his wife, Meaghan, make their home in Spokane, Washington, where they enjoy spending camping, bicycling and playing music. They are expecting their first child next March.
Free Initial Consultation
Contact Aaron at (509) 252-9160
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