What’s the Difference Between DUI and DWI in Washington?

What’s the difference between a DUI and DWI in Washington? Washington State does not have a legal distinction between driving under the influence (DUI) and driving while intoxicated (DWI).

Both refer to driving while impaired, whether or not you are above the legal limit of 0.08% BAC. If you have been charged with impaired driving, a Seattle DUI defense lawyer can help defend you.

DUIs Can Involve More Than Alcohol

Since there is no legal difference between a DUI and DWI in Washington, a DUI charge can occur if an officer believes that you are impaired by any substance. These substances can include items such as:

• Prescription medications
• Illicit drugs
• Alcohol, even below 0.08% BAC

All of these items can affect driving, reducing reaction time, increasing agitation, or affecting your ability to focus on the road. It is important to note that even if you are within the “legal limit” of a substance, you could still be charged with a DUI if there is sufficient evidence that your driving was impaired.

DWIs are Taken Seriously in Washington

In Washington, there is no difference between a DUI and a DWI, but driving while intoxicated is a serious offense. While the general rule of thumb is that the legal limit is 0.08% BAC, there are other situations in which the limit may be lower, according to the Washington DOL. Some of these alternative rules include:

• 0.02% for minors under 21
• 0.04% for commercial truck drivers
• Additional penalties if BAC is above 0.15%

Regardless of these limits, if you are found to be impaired, you could still be charged with a DUI or DWI. It is important to understand the differences in legal limits for different circumstances. If you are charged with a DUI as a truck driver, you could lose your commercial driver’s license, which can severely impact your livelihood.

How Police Determine If You are Impaired

There are a few methods officers use to determine whether to charge someone with a DUI. Specific methods are only effective if the potential intoxicant is alcohol, while others look at a person’s entire demeanor when deciding whether or not to bring them in.

Officer Observation

Part of police training is to spot if someone is impaired. They can look at your eyes to determine appearance, notice if they smell alcohol or marijuana, and take observations from your interaction to help them identify if someone is intoxicated and enter that as evidence.

Field Sobriety Test

Field sobriety tests involve a series of tests to help an officer determine if a person is intoxicated. This may include checking balance, cognitive function, visual signs, and overall composure to determine whether someone is intoxicated or requires further testing.

Breathalyzer

A breathalyzer test involves blowing into a small machine that measures your blood alcohol content (BAC). This method is only effective if the officer believes the driver is impaired by alcohol and wants to prove that they are above the legal limit.

Blood Test

A blood test generally requires that someone be brought to the police station for further evaluation. As there is no difference between a DUI and DWI in Washington, a blood test can check for both alcohol and other substances that show up in the blood, both legal and illegal. This is typically used when an officer is almost certain someone is impaired but needs further proof.

Before submitting to a field sobriety test, it is crucial to understand that you have the right to remain silent. This, however, does not prevent an officer from bringing you into the station. You have the right to an attorney before submitting to a blood or breath test. Once you speak with your lawyer, they will help you determine what the next best course of action will be.

Potential Consequences of Driving Under the Influence

As there is no legal difference between a DUI and DWI in Washington, potential consequences are often the same. These consequences can range from minor to harsher depending on circumstances, such as how many DUIs you have received or the level of intoxication (Washington Courts). These may include, but are not limited to:

• Fines
• Possible jail time
• Mandatory substance abuse treatment
• License suspension
• Ignition interlock devices
• Criminal record implications

The consequences of a DUI in Washington can be severe. This is why it is so vital to hire a lawyer even if it is your first DUI. A mistake should not ruin your life, and having an attorney means you get fair representation for your case.

What Defenses Apply Differently to DUI and DWI Charges

An experienced DUI defense attorney has several different strategies they can use when building your defense case. As with any criminal charge, there are holes where you could be wrongfully accused of something that you did not do.

Your attorney can look at whether the stop was conducted correctly and if you were informed of all of your legal rights. They can also contest the validity of the field sobriety test or officer observations. Often, people are nervous when being pulled over, regardless of guilt, which can affect the results.

You may also have medical conditions that affect your test results, rendering them invalid. Certain medications can affect blood or breathalyzer results even if they do not impair your driving. It is essential to explore all avenues to avoid being charged with a crime that you did not commit, especially one that can affect so many facets of your life.

At Puget Law Group, We are Here to Defend You

While there is no legal difference between a DUI and DWI in Washington, it is pivotal that you secure an attorney as soon as possible if you are charged.

At Puget Law Group, as one of the state’s largest criminal defense groups, we believe that you are entitled to representation, and it is our duty to provide it. Contact us today to schedule your free, no-obligation consultation.