Frequently Asked Questions About Family Law
In Washington State, the legal blood alcohol concentration (BAC) limits for driving under the influence (DUI) depend on the type of driver and the circumstances. Here are the general BAC limits:
- Standard Drivers: For most adult drivers operating a non-commercial vehicle, the legal BAC limit is 0.08%. If a driver's BAC is 0.08% or higher, they can be charged with DUI.
- Commercial Drivers: Commercial drivers, such as those with a commercial driver's license (CDL), have a legal BAC limit of 0.00. For commercial drivers, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol or THC in his or her system.
It's important to note that these are general BAC limits, and additional factors, such as prior DUI offenses, can result in enhanced penalties. Additionally, Washington State has an "implied consent" law, which means that drivers are deemed to have given their consent to a chemical test (e.g., breathalyzer, blood test) to determine their BAC when driving a vehicle. Refusing to take a chemical test can lead to administrative penalties, such as license suspension.
If you need specific legal advice or have been charged with a DUI, it is recommended to consult with a qualified DUI attorney who can provide guidance tailored to your situation and the current laws in Washington State.
In Washington State, there is an "implied consent" law, which means that drivers are deemed to have given their consent to a chemical test, such as a breathalyzer or blood test, to determine their blood alcohol concentration (BAC) if they are lawfully arrested for suspicion of DUI.
If you refuse to take a breathalyzer or other chemical test after being lawfully arrested for suspicion of DUI, you may face administrative penalties. These penalties can include an automatic driver's license suspension or revocation, separate from any criminal charges related to the DUI offense.
The duration of the license suspension or revocation for a breathalyzer refusal can vary depending on factors such as prior offenses and the specific circumstances of the case. It's important to note that refusing a breathalyzer test does not necessarily mean you will avoid DUI charges, as other evidence and observations made by law enforcement can still be used against you.
If you have been arrested for DUI or have concerns about refusing a breathalyzer test, it is crucial to consult with a qualified DUI attorney in Washington State. They can provide you with accurate legal advice based on the specific circumstances of your case and help you navigate the legal process.
Yes, if you are convicted of a DUI (Driving Under the Influence) in Washington State, you can face license suspension or revocation as a result. The specific length of the license suspension or revocation will depend on various factors, including the number of prior DUI offenses within a certain time period and the circumstances of the current offense.
Here are some general guidelines for license suspension or revocation periods in Washington State for DUI convictions:
- First offense: A first-time DUI conviction typically results in a license suspension of 90 days or1 year depending on your blood alcohol level or if you refused to submit to a breath test. However, you may be eligible for a restricted driver's license, which allows driving for limited purposes, such as work or school-related activities, during the suspension period.
- Second offense: A second DUI offense within a 7-year period can result in a license suspension of 2 to 3 years, with the possibility of obtaining an ignition interlock driver's license during a portion of the suspension. An ignition interlock device is a breathalyzer-like device installed in your vehicle that requires you to provide a breath sample before starting the car.
- Third offense or subsequent offenses: Third and subsequent DUI offenses within a 7-year period can lead to a license revocation of 3 to 4 years, with the potential for an ignition interlock driver's license after a certain period.
It's important to note that these are general guidelines, and the actual duration of license suspension or revocation can vary based on the circumstances and the specific laws at the time of the offense. Additionally, administrative penalties, such as license suspension for refusing a breathalyzer test, may also apply.
If you have been charged with a DUI or have concerns about license suspension or revocation, it is advisable to consult with a qualified DUI attorney. They can provide you with personalized legal advice based on your situation and assist you in navigating the legal process.
A Marijuana DUI, also known as a marijuana-related driving under the influence, refers to the act of operating a vehicle while under the influence of marijuana or cannabis products. It is a specific form of driving under the influence (DUI) that relates to the impairment caused by marijuana use.
In states where marijuana is legal for recreational or medicinal purposes, including Washington State, it is important to understand that driving under the influence of marijuana is still illegal and can result in DUI charges. This is because marijuana use can impair a person's cognitive and motor abilities, affecting their judgment, reaction time, coordination, and perception.
To establish a Marijuana DUI, law enforcement typically relies on a combination of observed impairment, physical symptoms, field sobriety tests, and chemical tests, such as blood or urine tests, to measure the presence and level of marijuana or its metabolites in a person's system.
The legal limits for marijuana or its active component, THC (tetrahydrocannabinol), in the blood can vary by jurisdiction. In Washington State, for example, the legal limit for THC concentration in the blood is 5 nanograms per milliliter (5 ng/mL) for marijuana users.
It is important to note that a Marijuana DUI can have serious legal consequences, including license suspension, fines, mandatory education or treatment programs, and potential imprisonment. If you have been charged with a Marijuana DUI or have questions about the laws in your jurisdiction, it is crucial to consult with a qualified DUI attorney who can provide you with accurate legal advice based on your specific situation.
In Washington State, a Felony DUI, also known as Felony Driving Under the Influence, is charged when certain aggravating factors are present or when a person has multiple prior DUI convictions. The specific circumstances that can lead to a Felony DUI charge in Washington State are as follows:
- Multiple Prior DUI Offenses: A person can be charged with a felony if they have been convicted of four or more DUI offenses within the previous ten years. The prior convictions can be from Washington State or any other state with similar DUI laws.
- Prior Felony DUI Conviction: If a person has previously been convicted of a felony DUI, any subsequent DUI offense, regardless of the number of prior offenses, will also be charged as a felony.
- Vehicular Assault or Homicide: If a person causes substantial bodily harm to another person while driving under the influence, it can lead to a felony charge of Vehicular Assault. If the DUI offense results in the death of another person, it can lead to a felony charge of Vehicular Homicide.
Felony DUI convictions in Washington State carry severe penalties, including significant fines, lengthy driver's license suspension or revocation, mandatory alcohol or drug treatment programs, probation, and possible imprisonment. The exact penalties depend on the specific circumstances of the case and the individual's prior DUI history.
If you are facing a Felony DUI charge in Washington State, it is crucial to seek the assistance of a qualified DUI attorney. They can provide you with specific legal advice tailored to your situation, help protect your rights, and guide you through the legal process, working towards the best possible outcome for your case.