Suite 300
Kirkland, WA 98033
Available
7 days a week:
425-284-2000
About Aaron Wolff:
Washington DUI Law:
Washington DUI Articles:
Washington Lane Travel Statute
Local Washington DUI Info
WA DUI cases are handled at the city and county levels for misdemeanors. Below is information about some of the areas that I regularly practice in:
| Washington State DUI Charges |
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There are three statutes in Washington State that apply to most DUI charges. They are listed below. The first two apply generally to adult offenders, while a third statute applies separately to people under the age of 21. A child (even those under the age of 18) may still be charged under the adult statutes in certain circumstances. If you have been charged with a DUI in Washington, it will most likely be classified as a Gross Misdemeanor. Hoever, should the DUI cause seriously bodily injury or death to another (vehiclular assault or vehicular homicide), or if you the accused has previously been convicted of vehicular assault or homicide, or if you have four priors within the past 10 years, it will be charged as a Class C Felony DUI. Driving Under the Influence In Washington, under RCW 46.61.502, a person is guilty of DUI if they drove a vehicle:
NOTE: It is a defense, under all three statutes, if you can prove that alcohol was consumed after driving but before a chemical test was administered. It's important to know that "drugs" doesn't refer only to illegal narcotics. Medications that were prescribed or sold over-the-counter (depression medications, pain killers or sleep agents) can also create an intoxicating effect. Legally possessing the medication is no defense. Physical Control of Vehicle Under the Influence Under Washington DUI statute RCW 46.61.504, a person is guilty of DUI if they have actual physical control of a vehicle:
Actual physical control refers to situations where the car is not in motion, but capable of movement - such as when the keys are in the ignition and the car is parked. NOTE: If the car has been moved safely off the roadway prior to being pursued by a law enforcement officer, no person may be convicted of DUI under the physical control statute. All violations of this statute are classified as gross misdemeanors unless the person is a juvenile, has four or more prior offenses within ten years, or if the person has been previously convicted of vehicular homicide while under the influence, vehicular assault while under the influence, or a comparable out-of-state offense. In such circumstances, the DUI may be charged as a Class C felony. DUI and Physical Control, as gross misdemeanors, carry a maximum sentence of up to 365 days in jail and/or a $5,000 fine.
Driver Under Twenty-One Consuming Alcohol Under RCW 46.61.503, a person is guilty of driving or being in actual physical control of a motor vehicle after consuming alcohol if the person operates or is in actual physical control and:
Driver Under Twenty-One Consuming Alcohol is considered a misdemeanor which carries a maximum sentence of up to 90 days in jail and/or a $1,000 fine.
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Consultation
I want to personally invite you to contact me to schedule a free initial consultation so that we can discuss your situation, your goals, concerns and life. Call me directly or fill out my form to get started.
I look forward to talking with you.
"Aaron Wolff took me through the DUI process better than I could have ever imagined. I would counsel EVERYONE who has to go through this situation to give him a call. I learned a great deal with his guidance and I feel very strongly that I came away with absolutely the best results possible in the end. I appreciate all the work he did for me!!"