A. General

• Do I have to tell my employer? There is no legal requirement for you to tell your employer.  However, some company contracts may require notifications.  For instance, if you drive an employer owned vehicle, you may have a company contract requiring you to give notification of a DUI conviction.

• Will I lose my job?  That depends upon your employer.  It should be noted that many prominent people, such as George W. Bush and Dick Cheney have not been held back by DUI charges.

• Do I have to tell my parents/ spouse/ partner/ friends? There is no legal reason for you to tell them about your DUI charges.  However, we do recommend that you find someone to talk about these charges.  This can be a very stressful time and it is good to have support.

• If I don’t tell them, will they find out?  There is no reason for your parents/spouse/partner/friends to find out.  However, the records of your case are public and in today’s world of computers and easy Internet access, it is not difficult to track these records down.

• Would getting letters from my friends or family saying I am a good person help my case? Generally not.  The only time that these letters of support are useful is at sentencing.

• I got into an accident. What should I tell my insurance company? You should tell your insurance company that your car was in an accident and that you are under investigation for DUI.  You should not talk to the insurance company about the specifics of the case or what happened – it may later be used against you.  Note, just because you are accused of DUI does not mean that they will not insure the accident, they will.

• Will I have to put the ignition interlock devise on my car?  If you are convicted of a DUI, you have to have an ignition interlock device on for a minimum of one year after you get your license back. Likewise, if you choose not to have a DOL hearing, or lose the DOL hearing, and want to continue driving, you will need to apply for an ignition interlock license. ^back to top

• I had a child in the car, does this matter?  Yes. This can be used to enhance penalties.

• My breath test was really high, does this matter?  It may. A high breath test, .15 or higher, is used to enhance Washington DUI penalties. ^back to top

B. Penalties

• What penalties am I facing? This depends on prior criminal history.  There are mandatory minimum penalties of 1,2, 30, 45, 90 or 120 days in jail depending on criminal history and breath test level or if you refused the breath test.  The maximum penalty is 365 days in jail and a $5000 fine.

• Will I have to go to jail? If you are convicted of DUI, you will have to go to jail for at least 1 day or do at least 15 days of electronic home monitoring.  The Washington DUI jail time increases if there is a prior offense, or the breath test is refused, or .15 or higher. ^back to top

C. Ignition Interlock

• What is ignition interlock?  It is a devise that is attached to the ignition of your car.  It registers alcohol in your breath.  You must blow into this devise prior to starting the car and periodically while driving the vehicle.  If you have alcohol in your system, the car will not start, or will shut off if you are driving.^back to top

• Will I be required to install this in my car?  If you are convicted of a DUI you will be required to apply for an ignition interlock license. Likewise, if you choose not to have a DOL hearing, or lose the DOL hearing, and want to continue driving, you will need to apply for an Ignition Interlock License.

• I drive a car owned by my employer. Will I still need ignition interlock on my employer’s vehicles? No, an ignition interlock device is not necessary on employer owned vehicles driving during working hours. Your employer will need to sign a declaration of employment and this will need to be filed with the department of licensing. You will still need an ignition interlock on at least one personal vehicle.

• I share a car with other people. Will they be required to use the ignition interlock as well? If it is on a car, everyone must use it, it cannot easily come on and off.

• How much does ignition interlock cost?  You rent it.  It costs about $2 per day.  Most companies will waive installation fees. ^back to top

D. Record

• Will a DUI stay on my permanent record? Yes. A DUI stays on your permanent record.

• Can I have this removed from my record? No.

• If my case is reduced, will the DUI still show on my record?  Your record will show that the DUI has been reduced to a different charge.

• If my case is reduced, can the other charge be removed from my record?  Judges have the ability to vacate other cases from your record 3 years after the completion of your sentence, including any probationary period.  However, we believe that they will probably wait at least 7 years from the date of your arrest as that is the period of time it can be used as a prior offense against you. ^back to top

E. Immigration/Travel

• Can I go to Canada?  Canada has the ability to turn you away if you are convicted of DUI.  However, you may be able to get a visa for a temporary stay in Canada.  This can get complicated and you should consult your attorney about it. For more information you can read our article on this web site - Traveling to Canada With Washington DUI's.

• Can I travel outside of Washington State?   Yes. You can travel outside of Washington State, though there may be restrictions if you have had a second offense or on a deferred prosecution.

• I am not a U.S. citizen, how will this affect my immigration status?  Immigration issues are very complicated.  You should consult an attorney who deals primarily with immigration issues. You should know that DUIs, if not handled properly, have potential immigration consequences.  ^back to top