DUI Defense Guide for Vancouver, Washington
If you’ve been arrested for DUI in Vancouver, WA, understanding your legal rights is critical. At the Law Office of Adin Johnson, our experienced criminal defense attorneys provide aggressive representation for clients facing DUI charges throughout Clark County.
Washington DUI Laws: What You Need to Know
Legal Blood Alcohol Limits
Washington prohibits driving with a BAC of 0.08% or higher for adults over 21, and establishes a THC limit of 5 nanograms per milliliter for marijuana. Zero-tolerance policies apply for underage drivers.
You can face charges for:
- Driving under the influence of alcohol or drugs
- Being in “actual physical control” of a vehicle while impaired (even if not moving)
- Impairment from prescription medications or legal drugs
The lookback period for prior DUI convictions is seven years. Learn more on our Criminal Defense page.
DUI Penalties in Washington
First-Time DUI Offense
Washington classifies DUI as a gross misdemeanor with maximum penalties of 364 days jail and $5,000 fine.
Standard First DUI (BAC below 0.15%):
- 24 hours in custody or 15 days electronic home monitoring
- 90-day license suspension
- $350-$5,000 fines
- Mandatory alcohol evaluation and treatment
- Ignition interlock device
Aggravated First DUI (BAC 0.15%+ or refusal):
- 48 hours in custody or 30 days home confinement
- One-year license suspension
- Enhanced penalties and extended ignition interlock
Administrative License Suspension
You have only seven days from arrest to request a hearing to contest automatic license suspension. This is separate from criminal court penalties.
Visit our DUI Defense page for more information.
Challenging Field Sobriety Tests
Why Field Sobriety Tests Are Unreliable
The National Highway Traffic Safety Administration reports field sobriety test accuracy is only 60-80% – a significant error rate.
Common problems affecting test validity:
- Environmental conditions: Uneven surfaces, poor lighting, bad weather, traffic noise
- Medical factors: Prior injuries, inner ear problems, neurological conditions, prescription medications
- Officer errors: Improper training, failure to follow NHTSA protocols, incorrect instructions
Breathalyzer and Chemical Test Defenses
Breath Test Accuracy Issues
Several factors compromise breathalyzer reliability:
- Improper calibration or maintenance
- Rising blood alcohol (BAC higher at test time than while driving)
- Medical conditions (GERD, acid reflux, diabetes)
- Mouth alcohol contamination
- Failure to properly observe suspect before testing
Blood Test Challenges
Defense attorneys can challenge blood tests based on:
- Laboratory errors or contamination
- Improper storage and handling
- Lack of proper warrant
- Chain of custody violations
For information about your constitutional rights, visit the American Civil Liberties Union.
Contesting the Traffic Stop
Fourth Amendment Protections
Police must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence gathered may be inadmissible in court.
Valid stop reasons:
- Traffic violations (speeding, weaving)
- Equipment violations (broken taillight)
- Observed erratic driving
Invalid reasons:
- Uncorroborated anonymous tips
- Hunches or profiling
- Officer mistakes of law
Your attorney will examine dashcam footage, officer reports, and witness statements to challenge unlawful stops.
Special DUI Circumstances
Underage DUI
Zero-tolerance for drivers under 21 with separate penalties up to 90 days jail and $1,000 fine.
Commercial Driver’s License (CDL)
Lower BAC threshold (0.04%) and CDL disqualification even for personal vehicle DUI.
DUI with Minor Passengers
Enhanced penalties including extended ignition interlock requirements (additional 12-18 months per child under 16).
For official licensing information, visit the Washington State Department of Licensing.
Critical Action Steps After DUI Arrest
Important Deadlines
- Seven days: Request administrative license suspension hearing
- Arraignment: Enter plea and establish defense strategy
Why You Need an Attorney
Professional representation provides:
- Investigation of arrest circumstances
- Expert analysis of test results
- Negotiation with prosecutors
- Protection of constitutional rights
Quick action improves chances for favorable outcomes. Contact the Law Office of Adin Johnson for a confidential consultation.
Why Choose Law Office of Adin Johnson
Located in Vancouver, Washington, we focus on protecting clients’ rights throughout Clark County with:
- Personalized case attention
- Aggressive defense strategies
- Thorough evidence analysis
- Experience with local courts and prosecutors
Don’t face DUI charges alone. Visit ajcriminaldefense.com or call today.
Additional Resources
- Washington State Legislature – DUI Laws
- National Highway Traffic Safety Administration
- Clark County District Court
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with a qualified Washington DUI defense attorney about your specific situation.
