Seattle DUI Defense Attorney

Quick Answer

A DUI charge in Washington is not a guaranteed conviction. Breathalyzer results, field sobriety tests, and even the traffic stop itself can all be challenged. Janet Bergstrom has successfully gotten DUI charges dismissed and reduced across hundreds of cases in King County.

Washington DUI Law: What You're Up Against

In Washington State, a DUI conviction carries severe consequences: license suspension, mandatory ignition interlock, fines up to $5,000, and potential jail time even for first offenses. A BAC of 0.08% or higher is the legal limit for most drivers, 0.04% for commercial drivers, and any detectable amount for drivers under 21.

But here's what the state doesn't tell you: these charges are built on evidence that is frequently flawed, improperly collected, or obtained through unconstitutional stops. Janet Bergstrom spent years on the prosecution side building DUI cases. She knows exactly where they crack.

How Janet Challenges DUI Charges

1. Breathalyzer Reliability

The Draeger Alcotest 9510 — Washington's approved breathalyzer — requires regular calibration and maintenance. Records of calibration failures, improper use, or operator error can render results inadmissible.

2. Field Sobriety Test Validity

The walk-and-turn, one-leg-stand, and HGN tests are highly subjective. Medical conditions, footwear, road surfaces, and lighting all affect results. Poor administration by the officer is a common ground for challenge.

3. Lawfulness of the Traffic Stop

Police must have reasonable articulable suspicion to stop a vehicle. A stop based on a hunch, profiling, or an equipment issue that turns out to be functioning can make all resulting evidence inadmissible.

4. Blood Test Procedures

Blood draws must follow strict chain-of-custody procedures. Improper storage, handling, or testing of blood samples can lead to suppression of results.

300+DUI Cases

88%Favorable

$0Consult

DUI Consequences in Washington State

First offense DUI penalties include: up to 364 days jail (1 day mandatory), $940.50 minimum fine, 90-day license suspension, and required ignition interlock for at least 1 year. Subsequent offenses carry dramatically higher penalties including longer mandatory jail terms and longer suspension periods.

Washington State Law: RCW 46.61.502 (DUI), RCW 46.61.5055 (DUI penalties), RCW 46.20.308 (implied consent)

Frequently Asked Questions

Can a DUI be dismissed in Washington State? ▾

Yes. DUI charges can be dismissed when breathalyzer calibration is defective, the traffic stop lacked legal justification, field sobriety tests were improperly administered, or blood samples were mishandled. Janet Bergstrom has successfully argued all of these grounds.

What happens to my license after a DUI arrest in Washington? ▾

Your license may be automatically suspended 60 days after arrest if you do not request a DOL hearing within 20 days. You must act fast. Janet handles DOL hearings and can challenge the suspension even while the criminal case is pending.

Do I have to take a breathalyzer test in Washington? ▾

Washington has implied consent laws — refusal results in an automatic license suspension of 1 year and may be used against you in court. However, refusal of a field test (roadside portable device) generally does not trigger these penalties.

Should I take the field sobriety tests? ▾

Field sobriety tests are voluntary. You may politely decline. These tests are subjective and often used against defendants even when passed. Consult an attorney immediately after any DUI stop.

How long does a DUI stay on my record in Washington? ▾

A DUI conviction stays on your Washington criminal record permanently. It cannot be vacated. This makes fighting the charge at the outset critically important.