(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state;
(a) And the person has, within 2 hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or
(b) The person has, within 2 hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
If you are arrested for a DUI Washington State, and refuse the breath test, or take the test and blow over 0.08, or a blood analysis results in a blood alcohol concentration of 0.08 or above, or a THC (marijuana) concentration of 5 ng or above, the Washington DOL is required to suspend (less than 1 year) or revoke (1 year or longer) your driver’s license administratively.
If you are 21 or older (limits differ for those younger and for commercial drivers) DOL will suspend your license if:
If either of these instances occurred, your license will be administratively suspended or revoked automatically (on the 60th day following your arrest) if you do not request an administrative hearing to contest the suspension or revocation. The length of an administrative suspension for an alcohol concentration of 0.08 or above, or for 5 ng or higher of THC, is 90 days. Refusing to take a breath test will result in year-long administrative revocation. However, a second or subsequent incident with a refusal or a breath or blood result of 0.08 or higher within 7 years, will cause a 2-year administrative license revocation.
Keep in mind, the revocation period for those who refuse is always longer than for those who agree to breath testing. This administrative license suspension or revocation is completely separate from the criminal charge you may face. These suspensions require the knowledge and exclusive strategies our DUI Lawyers employ for our clients every day.