What Happens When You Get a DUI

Navigating the DUI Process in Washington State: A Comprehensive Guide

A DUI arrest can be one of the most daunting experiences of your life. You’re not just facing legal consequences—you’re dealing with stress, uncertainty, and the potential impact on your career, family, and finances. At Knauss Law, we know how overwhelming this process can feel, and our mission is to provide not just legal expertise but also reassurance. Below, we walk through the DUI process in Washington State , explaining what you can expect and how we fight to protect your future.

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Step 1: The Traffic Stop—Where the Process Begins

Most DUI charges start with a routine traffic stop. While the initial reason for being pulled over may be minor—a broken taillight, speeding, or rolling through a stop sign—the situation can escalate quickly if the officer suspects you’ve been drinking or using drugs.

What Officers Look For:

  • Physical Indicators: Bloodshot eyes, slurred speech, or the smell of alcohol.
  • Behavioral Signs: Slow responses, fumbling for your ID, or visibly nervous behavior.
  • Driving Patterns: Swerving, inconsistent braking, or difficulty staying in your lane.

The officer might ask you to perform Field Sobriety Tests (FSTs) or blow into a portable breathalyzer. Remember, these tests are voluntary in Washington State. Declining them politely may limit the evidence available against you and strengthen your defense later.

Knauss Insight: “When in doubt, say as little as possible and request a lawyer. The less you say, the more we can challenge.”

Step 2: The Arrest—What Happens Next?

If the officer believes there’s probable cause, you’ll be placed under arrest for DUI. This can be an intimidating moment, but it’s critical to stay calm and remember your rights:

  • Your Miranda Rights: You have the right to remain silent and request an attorney. Use these rights.
  • Chemical Testing: At the station, you’ll likely be asked to take a breath test. In cases of injury or medical concerns or breath test refusal, a blood test may be administered instead.
  • Booking: Depending on the circumstances, you may be booked into jail. You’ll be fingerprinted, photographed, and potentially held until bail is posted or you’re released on your own recognizance.

Key Tip: Don’t argue, resist, or make statements without a lawyer present. Anything you say can and will be used against you.

Step 3: The Evidence—What Prosecutors Will Use Against You

A DUI case often hinges on two types of evidence:

  • BAC Results: A blood alcohol concentration (BAC) of 0.08% or higher typically constitutes “per se” intoxication. However, prosecutors can pursue charges even if your BAC is below this threshold by arguing that you were “affected by alcohol.”
  • Officer Observations: This includes subjective claims like “the driver smelled of alcohol” or “exhibited slurred speech.”

At Knauss Law, we dig deep into the evidence to find flaws, inconsistencies, and errors that can weaken the prosecution’s case.

Knauss Insight: “The police report is not gospel—it’s a starting point. We question everything, from how the evidence was gathered to how it was documented.”

Step 4: The Department of Licensing (DOL) Process

In Washington State, a DUI arrest triggers an administrative process with the Department of Licensing (DOL). This is separate from your criminal case but just as impactful.

  • License Suspension: If your BAC was 0.08% or higher (or you refused a breath test), the DOL will suspend your license unless you request a hearing within seven days of your arrest.
  • Hearing Process: At the hearing, we can challenge the suspension by questioning the legality of the stop, the validity of the BAC results, or procedural errors.

Knauss Insight: “We handle both your DOL and criminal cases, ensuring you don’t miss deadlines or opportunities to protect your license.”

Step 5: The Criminal Court Process

Your criminal DUI case will likely follow these stages:

1. Arraignment

At your first court appearance, you’ll enter a plea—always not guilty—and the judge will set conditions for your release. These may include:

  • Abstaining from alcohol and drugs.
  • Installing an ignition interlock device (IID).
  • Attending alcohol monitoring programs, like SCRAM, for repeat offenders.

2. Pre-Trial Conference

This is where your attorney negotiates with the prosecutor, exploring options like reduced charges, deferred prosecution, or alternative sentencing.

3. Evidentiary Hearings

Your attorney challenges the evidence here, focusing on:

  • The legality of the traffic stop.
  • The accuracy of BAC results.
  • Any procedural errors by law enforcement.

4. Trial

If no resolution is reached, your case goes to trial. A jury must unanimously agree to convict you.

5. Sentencing

If convicted, penalties can include jail time, fines, probation, and mandatory treatment programs.

Common Misconceptions About DUI Charges

“If I blew under 0.08, I’m safe.”

Not true. Officers can still argue impairment based on their observations or field sobriety tests.

“If charges aren’t filed quickly, they’re dropped.”

Wrong. Prosecutors have up to two years to file charges.

“There’s no point in fighting a DUI.”

Completely false. Many cases result in reduced charges, suppressed evidence, or outright dismissal with the right defense.

Case Study: Turning the Tables

The Situation: A client was pulled over for swerving and blew a BAC of 0.09. The officer noted “slurred speech” and “watery eyes” in their report.

Our Strategy: We challenged the breathalyzer calibration records, which revealed overdue maintenance. Additionally, we presented evidence that the client had allergies, explaining the watery eyes and nasal congestion affecting their speech.

The Outcome: The DUI charge was dismissed.

Knauss Insight: “No detail is too small. What seems insignificant can often tip the scales in your favor.”

Insights from Real Clients

Why Full Disclosure Matters:

One of the most critical aspects of building a defense is honesty. Share everything with your attorney, even details you think are irrelevant. It’s our job to connect the dots and create a strategy that works.

Initiative-taking Steps You Can Take:

  • Document Everything: Write down everything you remember about the stop, arrest, and testing process.
  • Complete Alcohol Education Programs: Showing initiative can demonstrate your commitment to change.
  • Stay Out of Trouble: Comply with all court-ordered conditions to strengthen your case.

Why Choose Knauss Law?

DUI charges don’t just require legal expertise—they demand tenacity, creativity, and a client-centered approach. Here’s why Knauss Law stands out:

  • Proven Record: From reductions to dismissals, our results speak for themselves.
  • Former Prosecutors: We understand the system from both sides, giving us a tactical edge.
  • Relentless Advocacy: We don’t settle for “good enough.” We fight for the best outcome every time.

Knauss Insight: “Your case is more than just a file to us—it’s your life, and we treat it as such.”

Take Control of Your DUI Case Today

Time is not on your side after a DUI arrest. Deadlines for DOL hearings and court appearances come fast and missing them can have lasting consequences. Contact Knauss Law today to schedule a consultation and start building your defense.