

The Washington State DUI Process
About DUI Procedure in Washington State
Fundamentally, receiving DUI charges means the state is accusing you of operating a vehicle while impaired by either alcohol or drugs, or both at the same time. In certain circumstances, this can include prescription medication and even over-the-counter drugs too.
Driving under the influence (DUI) in Washington State is a serious charge and carries with it the threat of multiple penalties, including having your driver’s license suspended, being heavily fined, and having restrictions placed on where you can go if you’re granted permission to drive while under suspension.
If you have have been charged with DUI, it is helpful to understand the procedure that you will have to subsequently navigate. There are two sides to most DUI cases. The first is the administrative side (your DOL Hearing) and the second is the criminal side.
Administrative Process Following a DUI Arrest
The administrative side of a DUI arrest is entirely about your privilege to drive. If you are arrested for DUI, your driver’s license may be suspended by the Department of Licensing for 90 days or more (if you have prior offenses).
You only have one week from the date of your arrest to request a hearing to contest this suspension. During the hearing, an examiner will determine if you were arrested lawfully, if the officer had reasonable grounds to pull you over for investigation of an alcohol or drug influence, and if you were properly informed of your implied consent warnings. The examiner will also look at whether or not you agreed to take a breath (or blood) test, if the test results were .08% or above, and if the field sobriety test was carried out correctly.
If you contest the suspension and keep your driver’s license, you still may have it revoked as a consequence of a DUI conviction.
Criminal Process Following a DUI Arrest
Washington State will charge you with DUI when a law enforcement officer observes you driving erratically or in a way that causes the officer to suspect you’re impaired. Typically the officer is required to administer a field sobriety test or portable breath test, followed by a mandatory breath or blood test at the station.
Under Washington DUI procedure, there’s a key difference between field tests and the station test: field sobriety tests are voluntary and only exist to provide an officer with cause to arrest you for DUI. You have the right to refuse a field sobriety test or a portable breath test (PBT), after which two things will happen: the officer will let you go due to lack of evidence, or they’ll arrest you anyway thinking they have enough to go on.
It’s important to note that refusing to take roadside sobriety tests can only help you; the officer isn’t administering these tests out of curiosity, they’re looking for a reason to arrest you. The results of the PBT aren’t even admissible in court except as evidence that your arrest had lawful cause.
If arrested, you’ll be subjected to a mandatory blood, urine, or breath test at the station. If your blood alcohol level is above .08 as an adult or above .02% as a minor, you’ll be charged with DUI. If you refuse to take the breath or blood test, your driver’s license will automatically be revoked per Washington’s “Implied Consent Law,” which states that anyone who operates a motor vehicle in the state has automatically consented to be tested for alcohol or drugs if a law enforcement officer suspects them of driving under the influence.
Your first court appearance is the arraignment. This mandatory appearance is where you enter a guilty or not guilty plea. Your case will be set for pretrial hearing, where it may be negotiated. If not, your case can be set for motions and trial. Motions can include motions to suppress evidence, motions to dismiss, motions to suppress the breath test, and more.
DUI Trial Process in Washington State
A DUI trial proceeds like other criminal trials. You can have either a jury trial or a “bench trial.” A bench trial has no jurors; the judge is the sole decider of your verdict and sentence. A jury trial begins with both sides selecting a panel of six jurors in a process called "voir dire.” In a DUI trial, the jury must reach a unanimous decision to either acquit or convict or it becomes a "hung jury,” so jury selection is a key part of your defense strategy.
In both types of trials, both the prosecution and defense have the opportunity to present their evidence and testimony. The prosecution must clearly prove that the accused is guilty of the DUI charge. If they cannot provide sufficient testimony and evidence to support the charges, the judge must dismiss the charges. If the state’s case doesn’t unanimously convince the jury, they must hand down a “not guilty” verdict.
Challenging the Prosecution in a Washington DUI Trial
As a team of experienced and skilled Snohomish County DUI lawyers, we are very familiar with the many ways the prosecution’s case and evidence can be challenged and argued against both outside and inside the courtroom. For instance, we can argue your arrest was unlawful or the breath test was not conducted properly. If the officer did not do their job properly (such as making an unlawful stop) evidence can be thrown out before trial even begins.
The prosecution will present its case by calling witnesses, including the arresting officer, other witnesses at the scene, and any experts involved in testing the BAC of the defendant. The defense can then cross-examine these witnesses and, if necessary, call its own witnesses and present evidence on your behalf. An aggressive and well-prepared cross-examination of the witnesses by a competent defense attorney could result in the prosecution’s case falling apart.
When to Contact a Washington DUI Defense Lawyer
The penalties for a DUI charge are severe, following offenders for the rest of their lives. The more DUI charges in your history, the more serious this charge will become. It is important to fight this from the beginning to either have the charges dismissed or reduced if possible. In other words, you should reach out to a Snohomish County DUI lawyer as soon as possible in the DUI process. It might even be wise to request a lawyer when an officer pulls you over.
This procedure can be both intimidating and frightening if you’re not familiar with it. The best chance to fight your charges is to work with a legal professional who is familiar with the procedure. With DUIHeroes as your defenders, we can and will guide you through the process from your initial free consultation through every court date. We will be there with you every step of the way. Our Washington DUI attorneys are dedicated to providing our clients with bulletproof legal defense from serious charges. That’s why we average a 95% success rate getting first offenses reduced or dismissed*.
Contact DUIHeroes Today
Our DUI defense team has been solely dedicated to fighting drunk driving-related allegations since our founding. In addition to the quality of legal service that the firm offers, our DUI attorneys in Snohomish County have received extensive training in DUI law. Our insights on DUI defense has been sought out by attorneys nationwide, giving us a platform to help defendants fight these charges across the country.
Our team has beaten serious DUI charges in courts all over Washington, including:
Founding Attorney Jonathan Dichter is a respected authority in the field, a Faculty Member and State Delegate for the National College for DUI Defense, has completed Advanced Roadside Impaired Driving Enforcement (ARIDE) education developed by the National Highway Traffic Safety Administration, and received the same DUI training given to police officers. Jonathan is trained in marijuana DUIs and always strives to stay up to date with current DUI defense developments and technology. This level of commitment and training allows our firm to provide each of our clients with the top-notch DUI defense that they need and deserve.
In short, we’re the firm you want in your corner.
Given most DUI arrests occur at night, we’re available 24 hours a day, 7 days a week. If you are unable to reach the firm immediately, we’ll return your call the same day—within minutes, if possible.
Contact DUIHeroes today at (425) 296-9358 for a free consultation.


Average of 95% of First Offenses Reduced or Dismissed*
Proven, Respected & Recognized
At DUIHeroes, we exclusively defend DUI cases—nothing else. Our attorneys, including two former prosecutors, bring specialized insights and unmatched experience to the courtroom, ensuring you get the best possible defense.
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AmendedWRONG WAY DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Client had driven several times over the lane divider into oncoming traffic, smelled of alcohol, showed poor coordination, admitted to drinking, and gave a breath test over .18. – Kittitas County, WA
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AmendedDRUG DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Drug DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Oak Harbor, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. - Mountlake Terrace, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE IN EVERETT
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Everett, WA
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DismissedDUI DISMISSED DUE TO ILLEGAL ARRESTClient was stopped for driving without headlights and performed poorly on field sobriety tests. The officer in question, however, was shown to have performed the tests illegally and improperly, both coercing and tainting the evidence. Client was arrested and booked into jail for DUI. At a motions hearing, a judge dismissed the case in full as the officer was found to have illegally obtained evidence and illegally arrested our client. - Mill Creek, WA
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Reduced3RD OFFENSE IN LIFETIME DUI REDUCED TO NON-DRIVING OFFENSEClient charged with a 3rd offense above .15 breath test DUI. Presented evidence to the prosecutor about the validity of the traffic stop. DUI was reduced to Reckless Endangerment which is a non-driving related offense with no mandatory jail or licensing consequences. Client was thrilled! - Lynnwood, WA
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Reduced2ND OFFENSE IN LIFETIME DUI REDUCED TO MISDEMEANOR WITH NO JAIL OR FINEClient charged with a 2nd offense DUI in her lifetime. Prosecutor was presented with evidence that the blood vials used to draw her blood were expired and evidence that the Office who arrested her did so with a variety of tainted evidence. DUI was reduced to Negligent Driving in the 1st Degree and the court waived the fine and imposed no jail time! - Lynnwood, WA
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Amended3RD OFFENSE DUI
3rd offense DUI Amended to Reckless Driving through negotiation. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client slammed into a concrete barrier, admitted to seven bottles, and refused a test of his blood. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client refused a test of his breath. - Lynnwood, WA

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When the Odds Are Stacked Against You
Our DUI Attorneys Are in Your Corner


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We know the system inside and out. With 50+ years of collective legal experience, our attorneys have the specialized knowledge and skill to fight for you.
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Results are everything. With thousands of successful cases and an average of 95% of first offenses reduced or dismissed*, our record speaks for itself.
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DUI defense isn’t just what we do...it’s all we do. We stay ahead of legal changes, leverage expert resources, and build cutting-edge defense strategies.
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A DUI arrest can happen anytime. That’s why we’re available 24/7. Call now for a free consultation and take the first step toward protecting your future.

Thousands Have Trusted Us
And we’ve delivered.
With 100% focus on DUI defense, we know what it takes to fight, win, and protect your future. See how DUIHeroes has changed lives, one victory at a time.
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A Great Result with Kaia“She got me a great result and I can’t thank her enough for her work.”
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Highly Recommend DUI Heroes“They are very professional and dedicated.”J- Jose Garrido
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They will be there for you until the end“Jonathan and his team are caring and compassionate.”
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Confident and Polished in Court“I never once felt like I didn’t put my life in the right person's hands. I can't stress enough how putting this life decision into him and his team's care benefited my life.”
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Highly recommend Kaia and the team“Kaia has been extremely communicative, easygoing, and understanding.”
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Competent, Caring, and Compassionate“A remarkable team of competent, caring, and compassionate attorneys.”O- Olaf


Arrested for DUI?
Act Fast—Don't Let a DUI Charge Destroy Your Future
As specialists in DUI defense, we have the proven strategies to protect your rights and your future.
