How does a Washington DUI case actually play out?

On two tracks at once — a criminal case and a Department of Licensing action. The offense (RCW 46.61.502) uses .08 BAC for adults, .04 for CDL holders, and .02 for drivers under 21, with implied consent under RCW 46.20.308. A first offense carries mandatory minimum jail (more if your BAC was .15 or higher or you refused the test), a minimum fine, a 90-day license suspension, and an ignition interlock requirement. A second offense within seven years means at least 30 days; a third, 90. A fourth DUI within ten years is charged as a Class B felony (RCW 46.61.502(6)), and a DUI that kills someone is Class A vehicular homicide (RCW 46.61.520). Deferred prosecution under RCW 10.05 can resolve some cases through treatment — once, ever, so it should not be spent carelessly.

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Washington Criminal Defense Attorneys

In Washington, a felony sentence is mostly arithmetic before anyone argues a word: the Sentencing Reform Act grid takes the Seriousness Level of the charge, runs it against your Offender Score, and produces a standard range judges rarely leave.

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How we match your Washington criminal defense case

When you submit a Washington criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Washington law, so it goes to an attorney licensed in Washington who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

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DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in Washington

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Washington criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In Washington, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: None
None for murder, homicide by abuse, vehicular homicide, arson causing death, sex-offender registration violations, child rape, or child molestation; 10 years for most Class A felonies, 6 for Class B, 3 for Class C (RCW 9A.04.080)
Misdemeanor Statute of Limitations: 2 years
2 years for gross misdemeanors, 1 year for simple misdemeanors (RCW 9A.04.080(1)(j))
Sentencing Structure: Flat fee
Class A/B/C felonies and gross/simple misdemeanors (RCW 9A.20.021); SRA grid sentencing by Offender Score and Seriousness Level (RCW 9.94A); Persistent Offender three-strikes life sentence (RCW 9.94A.570); firearm enhancements add flat time (RCW 9.94A.533)
Expungement / Record Sealing: Washington vacates
Washington vacates rather than expunges: misdemeanor vacation under RCW 9.96.060 after waiting periods (longer for DV and DUI-related offenses), Class B/C felony vacation under RCW 9.94A.640 after 10/5 crime-free years, Certificates of Restoration of Opportunity under RCW 9.97, plus Blake vacatur for old simple-possession convictions
Bail / Pretrial Release: CrR 3.2
CrR 3.2 presumes release on personal recognizance; right to bail under Wash. Const. Art. I, § 20 with limited exceptions; cash-bail practice varies sharply by county
Typical attorney fee: Hourly
Hourly / Flat Fee

Because almost nothing about a Washington case runs on intuition. Felonies under RCW Title 9A come in three classes — Class A (up to life), Class B (up to 10 years), Class C (up to 5) — while gross misdemeanors carry up to 364 days and simple misdemeanors up to 90 (RCW 9A.20.021). But the class only sets the ceiling; your actual range comes off the Sentencing Reform Act grid (RCW 9.94A), driven by Offender Score and Seriousness Level, and a single scoring error can add years. The Persistent Offender law (RCW 9.94A.570) still means life without parole on a third "most serious offense," though 2019 reforms (HB 1504) trimmed the qualifying list. The flip side is that Washington has built more exits than most states: DOSA (RCW 9.94A.660), SSOSA (RCW 9.94A.670), the First-Time Offender Waiver, deferred prosecution (RCW 10.05), Stipulated Orders of Continuance, and drug, mental health, and veterans courts. The state also keeps reshaping its own drug law — the Supreme Court struck down felony simple possession in State v. Blake (2021), and the Legislature answered with a misdemeanor-level offense built around diversion to services (RCW 69.50.4011). Recreational marijuana has been legal since Initiative 502 in 2012 (1 oz for adults 21+), and the death penalty fell in 2018 when State v. Gregory held it unconstitutional under Wash. Const. Art. I, § 14. A lawyer who knows which of these doors your case fits through changes the outcome — often before the first hearing is over.

Exhibit B

When to call a criminal defense attorney in Washington

Does any of this sound like you? Tap what applies.

0of 6 apply

Tick anything that applies. Even one is reason enough to talk to a Washington criminal defense attorney before you talk to an insurer.

Talk to an attorney anyway

Meanwhile, don’t

Giving a statement to WSP, Seattle PD, Spokane PD, Tacoma PD, or any detective before counsel is present
Consenting to a search and forfeiting Art. I, § 7 protections that are stronger than the Fourth Amendment
Assuming your Offender Score is correct — unverified or washed-out priors inflate grid ranges all the time
Missing a court date and converting a manageable case into a bench warrant and bail problem
Posting about the case online — prosecutors subpoena platforms, and screenshots outlive deletions
Wiping messages or photos from your phone — Tampering with Physical Evidence (RCW 9A.72.150) is its own crime
Taking the first plea offer without anyone pricing the alternatives: SOC, deferred prosecution, DOSA, SSOSA, First-Time Offender Waiver, or a specialty court

Exhibit C

Criminal Defense cases we take in Washington

Which one is closest to yours?

Drug possession and delivery

Post-Blake, simple possession is a misdemeanor-level offense oriented toward diversion and services (RCW 69.50.4011), while manufacture and delivery (RCW 69.50.401) remain Class B or C felonies depending on the substance. Recreational marijuana has been legal since Initiative 502 (2012) — adults 21+ may possess up to 1 oz.

Sound like yours? A Washington attorney reviews it free — fees are quoted upfront, before you commit.

Start my free review

Exhibit D

How much do Washington criminal defense attorneys cost?

Typical fee schedule

Washington · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Washington are usually a flat fee per filing — quoted before you commit, not billed by the hour.

No Washington lawyer can take a criminal case on contingency — Wash. RPC 1.5(d), echoing ABA Model Rule 1.5(d), forbids it. Expect a flat fee for misdemeanors and most felonies, with hourly billing for federal, homicide, and complex white-collar matters. If you cannot afford counsel, the King County Department of Public Defense, the Pierce County Department of Assigned Counsel, the Snohomish County Public Defender, and their counterparts across the state's 39 counties represent indigent defendants.

A good attorney walks through every number at your free consultation — before you sign anything.

Start my free case reviewTakes about two minutes. No obligation.

Exhibit E

What your Washington criminal defense compensation can include

A Washington criminal defense recovery is built from several parts. Tap one to see what it covers.

Charge Dismissal

Suppression under Art. I, § 7 — where Washington courts exclude evidence federal courts would admit — plus motions to dismiss for insufficient evidence, prosecutorial dismissal, and speedy-trial dismissal under CrR 3.3.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Washington criminal defense questions, answered

Still unsure? Tell us what happened and a Washington attorney will review it for free.

Start free review

It is the number that prices your case. Washington scores your criminal history — most felony priors add points, some count double, some "wash out" after enough crime-free years — and the grid crosses that score against the Seriousness Level of the current charge to set your standard range. Prosecutors and defense lawyers argue about scoring constantly because one disputed point can move the range by years. Verifying that every prior was scored correctly, and that washed-out or unconstitutional convictions were excluded, is some of the highest-value work a defense attorney does in this state.

Quite possibly erased it. In 2021 the Washington Supreme Court held the felony simple-possession statute unconstitutional, which made every conviction under it void — eligible for vacatur, refunds of legal financial obligations, and recalculation of Offender Scores on other sentences that counted those convictions. If you are serving or have served a sentence inflated by a Blake-affected prior, resentencing may be available. The current law (RCW 69.50.4011) treats simple possession as a misdemeanor-level offense with diversion to services built in — a completely different world from the old felony.

Yes, and it is not a technicality. Wash. Const. Art. I, § 7 — "No person shall be disturbed in his private affairs, or his home invaded, without authority of law" — is read more protectively than the Fourth Amendment. The Washington Supreme Court has rejected the federal good-faith exception and confined the automobile exception well beyond what federal courts require. Evidence that would survive a suppression motion in federal court regularly gets thrown out in a Washington superior court, which is exactly why your lawyer should scrutinize how every piece of evidence was obtained.

No. Whether it is the Washington State Patrol, Seattle PD, Spokane PD, Tacoma PD, or a county detective, the interview is an evidence-gathering exercise, not a chance to clear things up. You have the Fifth Amendment and Wash. Const. Art. I, § 9 behind you — say you are invoking your right to remain silent and want a lawyer, then stop talking. Your side of the story is far more useful delivered by counsel, at the right moment, in a form that cannot be cross-examined.

Washington's two best-known sentencing alternatives. DOSA (RCW 9.94A.660) lets eligible defendants with substance-use disorders serve a reduced confinement term — or a residential-treatment-based sentence — paired with intensive treatment and supervision. SSOSA (RCW 9.94A.670) suspends the prison term for certain first-time sex offenders in favor of community-based treatment under tight conditions. Both have strict eligibility rules and both require persuading a judge, so they are arguments to be built, not boxes to be checked. Deferred prosecution (RCW 10.05), the First-Time Offender Waiver, and Stipulated Orders of Continuance round out the menu for less serious cases.

Up to 364 days in jail and a $5,000 fine — and the conviction itself is often the bigger problem. A DV conviction under RCW 10.99 triggers a federal firearm prohibition; a DUI follows you for licensing, insurance, and immigration purposes and can never be vacated. Simple misdemeanors top out at 90 days and $1,000. Early counsel matters here precisely because the off-ramps — deferred prosecution, an SOC, an eventual vacation under RCW 9.96.060 — depend on choices made at the start of the case, not the end.

Often, yes — Washington calls it "vacation," not expungement. Most misdemeanors can be vacated under RCW 9.96.060 after a waiting period (longer for DV and certain other offenses; DUI generally cannot be vacated). Class B and C felonies can be vacated under RCW 9.94A.640 after 10 and 5 crime-free years respectively; Class A felonies and sex offenses are off the table. A vacated conviction is removed from your record for most purposes, and Certificates of Restoration of Opportunity (RCW 9.97) can reopen licensed occupations even sooner.

Criminal Defense attorneys by city in Washington

Same Washington rules and the same attorneys — with what’s local to each city.

Other case types in Washington

All Washington practice areas →

Animal Incident attorneysWashington holds dog owners strictly liable — the owner pays for an unprovoked bite even if the dog has never bitten anyone before.

Business Dispute attorneysWashington’s 2020 non-compete law sharply limits enforcement against workers earning under set income thresholds — a major shift from the old rules.

Car Accident attorneysWashington is a fault state with pure comparative negligence — and PIP coverage is offered (though not required) with most auto policies.

Consumer Protection attorneysWashington’s Consumer Protection Act lets consumers recover triple damages up to $25,000 plus attorney fees — one of the strongest consumer laws in the West.

Defective Product attorneysWashington’s Product Liability Act folds negligence and warranty claims into a single statewide framework.

Employment attorneysWashington’s anti-discrimination law reaches further than federal law — it applies to employers with 8 or more employees and allows uncapped damages and attorney fees.

Family Law attorneysWashington is a community-property state — and long-term committed relationships can get fair property division even without marriage.

Immigration attorneysWashington has immigration courts in Seattle and Tacoma — and proximity to the Canadian border creates unique entry and admissibility issues.

Lemon Law attorneysThe Washington Lemon Law covers new vehicles within 24 months/24,000 miles — and the Attorney General’s arbitration program is a real alternative to a lawsuit.

Medical Malpractice attorneysWashington’s Supreme Court struck down damages caps decades ago — leaving WA one of the more plaintiff-friendly med-mal states.

Personal Injury attorneysA three-year filing deadline and pure comparative fault make Washington one of the more plaintiff-friendly injury states in the West.

Slip and Fall attorneysWashington premises liability turns on notice and reasonableness — and courts apply a special self-service-store standard for commercial slip-and-falls.

Social Security Disability attorneysWashington disability hearing offices in Seattle and Spokane process moderate volumes — and federal courts in the Ninth Circuit are comparatively claimant-friendly on appeal.

Workers’ Compensation attorneysWashington is a state-run comp system — the Department of Labor & Industries is the sole insurer, with limited self-insured employer exceptions, and a separate board handles appeals.

Washington Criminal Defense Attorneys

How we match your Washington criminal defense case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a criminal defense claim in Washington

Arrest or charge.

Tell us what happened.

First appearance and bail.

Discovery and motions.

Negotiation or trial.

Outcome and record.

When to call a criminal defense attorney in Washington

Criminal Defense cases we take in Washington

Drug possession and delivery

DUI and vehicular offenses

Assault

Domestic violence

Gun and firearm charges

Theft and property crimes

Sex offenses

Homicide

Juvenile offenses

Community custody and probation violations

White-collar crimes

Federal crimes in Washington

How much do Washington criminal defense attorneys cost?

What your Washington criminal defense compensation can include

Charge Dismissal

Charge Reduction

Sentencing Alternatives and Diversion

Plea Agreement

Acquittal at Trial

Post-Conviction Relief

Washington criminal defense questions, answered

Criminal Defense attorneys by city in Washington

Other case types in Washington

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