Category: DUI Topics

In Washington State, a person is guilty of Reckless Driving if that person “drives any vehicle in willful or wanton disregard for the safety of persons or property.” The charge is considered to be a criminal traffic offense.

Reckless Driving is a gross misdemeanor and if convicted, there is a maximum sentence of 364 days in jail and a $5000 fine. There is not a mandatory minimum jail sentence.

A conviction will also result in a driver’s license suspension for 30 days through the WA State Department of Licensing. Additionally, SR-22 insurance may be required.

Common Questions

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Am I going to go to jail?

Reckless Driving has a possible jail sentence of 364 days, depending on the facts of the case, your criminal history, your driving record, and the quality of your legal representation. However, it is not common for maximum jail sentences to be enforced for this charge.

What is going to happen to my license?

After the Department of Licensing receives notice that you have been convicted of Reckless Driving, you will receive a letter that your driver’s license will be suspended for 30 days. Usually this process takes about 45 days, so your license will not be suspended immediately after the conviction.

What if I need to drive for my job or to get to school?

You can apply for an Occupational/Restricted License through the Department of Licensing. The Occupational/Restricted License can be used to drive to and from work, school, court-ordered community service, continuing healthcare, substance abuse treatment/AA meetings, or continuing care of a dependent.

Who is eligible for the Occupational/Restricted License?

You are eligible to apply for the Occupational/Restricted License if you have a Washington State driver’s license OR are stationed in WA State on active military duty.

What if I drive a commercial vehicle?

If you have a Commercial Driver’s License (CDL), you are not eligible to get an Occupational/Restricted License to drive a commercial vehicle. However, you are eligible to apply for the license to drive a non-commercial vehicle.

How do I apply for the Occupational/Restricted License?

Complete a Restricted Driver License Application through the Washington Department of Licensing and obtain proof of financial responsibility (i.e., SR-22 insurance). Submit your application, proof of SR-22 insurance, and the fee ($100 at the time of this article) to the WA Department of Licensing. Once you qualify, the license will be sent to you.

Once the suspension is over, how do I get my license back?

In order to reinstate your driver’s license, you must file proof of financial responsibility (i.e. SR-22 insurance) with the Department of Licensing for 3 years and pay a re-issuance fee.

Do I need to hire a lawyer?

If you have been charged with Reckless Driving, it is in your best interest to hire an attorney who is experienced with criminal traffic offenses. Quality representation can minimize or eliminate the criminal and licensing consequences.

At Beckwith DUI Law, we fight all criminal traffic offenses, including Reckless Driving, DUI, and Negligent Driving. We have offices in Seattle and Tacoma and our experience extends to all courtrooms in King County, Pierce County, and Thurston County, Washington.

Under Washington law, you can be found guilty of a drug DUI if your impairment is caused by the use of any individual drug, or through the combined influence of alcohol and drugs. Drugs include legal prescription drugs and Marijuana, as well as illegal drugs.

Legally prescribed medications such as anti-anxiety drugs, sleep aids, and pain killers are commonly prescribed drugs that can meet the definition of “mood altering.” Unfortunately, having a valid prescription to use a medication is not a valid defense.

Penalties

The criminal penalties for a drug DUI in WA State are the same as those for an alcohol DUI. The maximum penalty is 364 days in jail and a $5000 fine. There are also mandatory minimum jail sentences, depending on your criminal history. In addition, other consequences can include:

• Probation
• Drug treatment
• License suspension
• High risk insurance
• Ignition interlock license

Arrest

If you are pulled over and suspected to be under the influence of drugs, law enforcement will treat the situation differently than if you were suspected to be under the influence of alcohol. For example, you may be asked to submit to tests administered by a Drug Recognition Expert police officer, and you may be asked to take a blood test rather than a breath test. Before submitting to any tests, you should ask to speak with an attorney who can advise you of your rights and of the consequences of taking or refusing these tests.

Just because you had a drug in your system or a Drug Recognition Expert thought you were impaired, it does not mean you will be convicted. Drug Recognition Experts receive little drug training (they take a 2 week course) so their findings can be challenged by a good lawyer.

Prescription Drugs & Illegal Drugs

With the exception of a Marijuana DUI, the Washington State legislature has not yet determined how much of a drug (illegal or prescription) needs to be in a person’s system to cause impairment. This means that in order to be convicted, the prosecutor will have to show that your driving was “affected by” the drug. This may be difficult for the prosecutor to prove, especially if you were stopped for something other than poor driving and if you did not exhibit signs of impairment.

The effects of a drug vary with dose, route of administration, and experience of the user. This makes it difficult to establish a relationship between the blood concentration level of a drug and impairment. Drugs can remain in the system for hours, days, and even weeks. It can be argued that high concentration levels may not indicate recent drug use or impairment. A good attorney can thoroughly investigate these issues and use them to your advantage when negotiating or arguing your case.

Driver’s License Consequences

If you are arrested for a drug DUI, your license can be suspended from either the arrest or from a conviction in court. To prevent your license from automatically getting suspended, you or your attorney must request a driver’s license hearing (within 7 days of arrest) and successfully argue your case.

Defending your Charges

The fact that there is no set level of impairment for drugs (excluding marijuana) should be an advantage in your case. We see many cases involving drugs where the testing methods are not backed by science and the results are therefore unreliable and removed from evidence.

At Beckwith DUI Law, we will do everything in our power to pick apart the evidence that is being used against you and find evidence that can help your defense. We have office locations in Seattle and Tacoma, and we are available for a free consultation.

If you are a member of the military and get arrested for DUI (either on base or off base), you could face military consequences in addition to the typical civilian consequences of jail time, fines and alcohol treatment. An experienced Federal DUI Lawyer can make sure that your rights are protected. Below are frequently asked questions.

I was arrested for DUI on Fort Lewis, what happens next?

If you are arrested for DUI on a military base, charges could be filed in the county you were arrested in or by the federal prosecutor, depending on which agency made the arrest. If you are a civilian and were stopped outside the military gate by the Washington State Patrol, Sheriff’s Department or city police agency, your case will most likely be filed by the county or city prosecutor.

If you were arrested for DUI by the military police inside the military gates, your case will probably be filed in the U.S. District Court, regardless of whether or not you are a soldier, sailor, airman, or Marine. If you are a member of the military, you can also be charged in a military court under the Uniform Code of Military Justice (instead of in Federal Court).

Will I lose my driver’s license?

Once arrested for DUI, your privilege to drive off base will be revoked unless you request a hearing with the department of licensing. If you are a member of the Army, Navy or Air Force, you could also lose your on-base driving privilege, once your commander is notified of your arrest.

Will my career with the military be affected?

If you have committed what the military deems as a minor disciplinary offense (like a first time DUI), you may be charged with an Article 15 Non-Judicial Punishment by your commanding officer. Non-judicial punishment does not constitute a criminal conviction, but is placed on your service record. Article 15 punishments can include:

• Admonition or reprimand
• Arrest in quarters
• Restriction
• Forfeiture of pay
• Correctional custody
• Reduction
• Extra duties

At Joint Base Lewis McChord (JBLM) or Naval Base Kitsap, a DUI could also result in the following military consequences:

• Loss of security clearance
• Deployment restrictions
• Loss of future promotions
• Dishonorable discharge
• Substance abuse treatment requirements

How is federal court different from state or city courts?

For DUIs, most of the consequences are the same in both federal court and civilian court. However, federal court will often times not approve jail alternatives such as electronic home monitoring or work release.

What can be done?

A reduction of your charge or a complete case dismissal are the most beneficial resolutions. An experienced Military DUI Attorney can review your case and identify favorable legal issues, potentially saving you from a DUI conviction and license suspension, as well as protecting your military career.

At Beckwith DUI Law, we have successfully defended over 1000 soldiers from Ft. Lewis (JBLM) and Naval Base Kitsap. We are proud to represent military members in Federal Court as well as local courts in Lakewood, Tacoma, Olympia, Bremerton, and throughout the Puget Sound. Please call us for a free consultation.

Related Topics:

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• DUI FAQ

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• DUI With Out of State License

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Do states share driver’s license information?

Licensing agencies in most states participate in an interstate agreement where information such as a license suspension or DUI conviction will be reported. Under the agreement, violations committed by non-residents will be forwarded to the state in which the person is licensed, which is referred to as the home state. The home state treats the offense as if it had been committed at home and will apply home state laws to out-of state-offenses.

The National Driver Register (NDR) is a database of information about drivers who have had their licenses suspended, or who have been convicted of a driving related offense. State licensing agencies provide NDR with the names of individuals who have had their license suspended or who have been convicted of a serious traffic offense. When a driver applies for a license, the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a “problem driver,” the license may be denied. The type of action that the driver’s home state will take will vary from state to state.

Which states do not share driving records?

Georgia, Wisconsin, Massachusetts, Michigan, and Tennessee are not part of the interstate agreement. If you hold a license from one of these states and get a DUI in Washington State, your out-of-state license may not be affected. However, your ability to drive in WA State may be impacted.

I was arrested for DUI in Washington State and have an out-of-state license. Will I lose my license?

If you are a resident of Washington and hold an out-of-state license, you can lose your privilege to drive in Washington as a result of a DUI arrest or conviction. In most cases, your suspension will also be reported to your home state, which means that once you return home, you may face consequences in that state.

If you are not a resident of Washington and got a DUI while visiting, you should check with your home state department of licensing to make sure that your license is still valid. Even if you don’t reside in Washington, the offense could be reported to your home state and affect your license there.

Can I get a temporary ignition interlock license so that I can drive during my suspension?

If you have an address in WA State, you can apply for an ignition interlock license with the Department of Licensing, which is essentially a temporary license that you can use during your suspension. If you are not a resident and hold an out-of-state license, you will not be able to obtain the ignition interlock license, which means that you must not drive in the state of Washington during your suspension. Your privilege to drive in other states will depend on the status of your license in your home state. If Washington does not report the suspension to your home state, your license will remain valid for driving in other states. However, if Washington does report the suspension to your home state, you will need to comply with any restrictions imposed by your home state.

I lived in Washington with a Washington license, got a DUI, and am now moving to another state. If I apply for a license in that state, will it be suspended?

If the suspension was reported on the NDR database, you most likely will not be able to obtain a valid license in a new state until your requirements with Washington’s Department of Licensing have been met. For example, if you left Washington during your suspension and never paid the reinstatement fee at the end of your suspension, you will need to clear your license with Washington before you can be issued another license in a new state.

I lived in Washington, had an out-of-state license, got a DUI, and am now moving to a third state. If I apply for a license in that state, will it be suspended?

Under an interstate agreement, most licensing agencies share information on an internet database. Theoretically, your suspension should be noted on that database, which may prevent you from obtaining a new license in another state. However, if Washington State only reported the suspension to the state where you had a license at the time, the new state may not be aware of the suspension and issue you a license.

In what state should I hire a DUI lawyer?

You should hire an attorney who is licensed in the state that you were arrested for DUI. At Beckwith DUI Law, we understand the unique challenges that driver’s face when they are dealing with out of state licensing issues. We have defended over a thousand military members as well as other out of state residents on DUI criminal charges. We defend clients in King County, Pierce County, and Thurston County.

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• DUI FAQ

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The legalization of Marijuana in WA State has put police on high alert for finding drivers who are presumed to be under the influence of Marijuana. Unfortunately, your level of actual impairment or how long it’s been since you smoked or ingested pot is not a valid defense.

Although Marijuana is no longer a controlled substance in Washington State, driving under the influence of Marijuana is a gross misdemeanor and is punishable by up to 364 days in jail. If you are pulled over by Tacoma PD or another law enforcement agency and are suspected of being under the influence of any drug, you are required to submit to a blood draw at the police station.

Blood Test & License Suspension

If you agree to a blood draw and your THC levels are above .05 nanograms, you will be arrested for a Marijuana DUI. If you are under the age of 21, any amount of THC in your blood will result in an arrest.

Your driver’s license will be suspended for 90 days if you are a first time offender. If you have a prior conviction for DUI, your driver’s license will be suspended for at least 2 years.

If you refuse the blood draw, you can still be arrested for a Marijuana DUI. However, your driver’s license suspension will be 2 years if you are a first time offender and at least 3 years if you have a past conviction for an alcohol or drug offense.

Fighting your Driver’s License Suspension

Fighting your license suspension with the Washington State Department of Licensing (DOL) is the same process as an alcohol DUI. Click here for a detailed explanation of the process.

Defending your Criminal Charges

It is important to question the accuracy of the police report as well as the accuracy of the blood test. Police officers make mistakes and no drug test is 100% accurate. In fact, the current margin of error on THC blood test results is believed to be +/- 20%. This unacceptably high rate of error can be a key part of your defense.

We will also investigate to determine if the police had probable cause to pull you over in the first place, or if you were illegally profiled. If there was video footage from the police car, we will look for discrepancies between video evidence and what was written in the police report.

At Beckwith DUI Law, we fight Marijuana DUI charges in the courts of King, Pierce, and Thurston County, including the courts of Tacoma, Seattle, Bellevue, Puyallup, and Olympia, WA. Contact us today for a free consultation.