Vancouver WA DUI Attorney

A DUI arrest in Vancouver starts two cases at once. The first is the criminal charge in court. The second is a separate action by the Department of Licensing (DOL) against your driver’s license, and you have only seven days to ask for a hearing. I am Kris Carrasco, a Vancouver WA DUI attorney. I have handled hundreds of DUI cases, and I defend people charged in courts throughout Clark County and Southwest Washington.

What to Do After a DUI Arrest

Request your DOL hearing within seven days. The deadline runs from the day you receive notice, which for most people is the day of the arrest. The request must be in writing and comes with a $375 fee, which DOL can waive if you are indigent. If you do nothing, your license is suspended or revoked 30 days after your arrest. Learn more about DOL hearings.
Write down what happened. Note where you were, what you drank or took and when, what the officer said, and which tests you were asked to take.
Do not discuss your case with anyone other than your lawyer, including by text or on social media.
Talk to a lawyer before your first court date. Your first appearance is the arraignment, and decisions made early in the case can matter later.

Your License: The DOL Case

DOL acts on its own, separate from the court. If your breath or blood test was 0.08 or higher, a first incident brings a 90 day suspension unless you complete or enroll in a pretrial 24/7 sobriety program. A first refusal brings a one year revocation. A second incident within seven years, whether a test or a refusal, brings two years. (RCW 46.20.3101)

At the hearing, the hearing officer decides whether the officer had reasonable grounds to believe you were driving or in physical control while impaired, whether you were arrested, and either whether you refused after the proper warning or whether the test was valid and over the limit. You can be represented, question witnesses, and present evidence. I use the hearing to test the State’s evidence early. (RCW 46.20.308)

Time you serve on a DOL suspension counts day for day toward any later suspension from a conviction for the same incident. You may also be able to keep driving right away with an ignition interlock license.

How I Fight a DUI Charge

Police must follow strict rules at every step of a DUI investigation. I review the reports, video, and test records for problems such as these:

The stop. Did the officer have a lawful reason to pull you over?
The arrest. Did the officer have enough evidence to arrest you?
Field sobriety tests. Were the field sobriety tests given and scored correctly?
The breath or blood test. Was the instrument working, and did the officer follow the testing rules? Read more about breath tests in a Washington DUI.
Your rights. Were you given the required warnings, and were your rights under the Washington and United States Constitutions respected?

Some cases should go to trial. Others are better resolved by negotiation, such as a reduction to negligent driving in the first degree or reckless driving. Keep in mind that a reduced charge on a case first filed as a DUI still counts as a prior offense if you are arrested for DUI again. I will tell you plainly which path makes sense in your case.

What Counts as a DUI in Washington

Under RCW 46.61.502, you can be charged with DUI if you drive and any of these is true:

Your breath or blood alcohol is 0.08 or higher within two hours after driving.
Your blood THC is 5.00 or higher within two hours after driving.
You are under the influence of or affected by alcohol, cannabis, or any drug. Having a prescription for the drug is not a defense.

Refusing the breath test does not stop a DUI charge, and the refusal can be used against you at trial. You can also be charged with physical control if you are in the driver’s seat of a parked car while impaired.

Deferred Prosecution

If you need treatment for a substance use disorder, a deferred prosecution may let you avoid a DUI conviction. You complete an approved treatment plan and follow the court’s conditions. If you comply, the court dismisses the charge, no sooner than five years after the deferred prosecution is entered. The petition must be filed at least seven days before trial.

Since January 1, 2026, a person who took part in a deferred prosecution for a first DUI can petition for a second one on the next DUI, as long as there are no other prior offenses. (RCW 10.05.010)

If you are accepted, the DOL suspension based on a test result is stayed, and it is canceled when you finish. This does not apply to a refusal or to a commercial driver’s license. A deferred prosecution counts as a prior offense if you are charged with DUI again. Learn more about DUI deferred prosecution.

DUI Penalties in Washington

Washington sets mandatory minimum penalties based on your test result and how many prior offenses you have. A prior offense counts if the arrest for it was within seven years before or after your current arrest. Prior offenses include more than DUI convictions. A deferred prosecution counts, and so does a reckless or negligent driving conviction on a charge first filed as a DUI. (RCW 46.61.5055)

Every conviction also carries probation of up to five years, an alcohol or drug assessment and any recommended treatment, fines and fees, and an ignition interlock requirement. The court may also order you to attend a victim impact panel.

First DUI (No Prior Offenses in Seven Years)

Penalty	BAC under 0.15	BAC 0.15 or higher	Refused the test
Minimum jail	24 consecutive hours	48 consecutive hours	48 consecutive hours
Alternative to jail	15 days electronic home monitoring or 90 days 24/7 monitoring	30 days electronic home monitoring or 120 days 24/7 monitoring	30 days electronic home monitoring or 120 days 24/7 monitoring
License	90 day suspension	1 year revocation	2 year revocation
Minimum fine	$350	$500	$500

The license suspension for a test result can end early with an evaluation and 24/7 monitoring, but not before 2 days (under 0.15) or 4 days (0.15 or higher). A refusal has no early end.

Second DUI (One Prior Offense in Seven Years)

Penalty	BAC under 0.15	BAC 0.15 or higher	Refused the test
Minimum jail	30 days	45 days	45 days
Electronic home monitoring	60 days	90 days	90 days
License	2 year revocation	900 day revocation	3 year revocation
Minimum fine	$500	$750	$750

The court can change the jail and home monitoring minimums only if it finds they would create a substantial risk to your physical or mental health. The 2 year revocation for a test under 0.15 can end after 1 year with an evaluation and six months of 24/7 monitoring.

Third DUI (Two Prior Offenses in Seven Years)

Penalty	BAC under 0.15	BAC 0.15 or higher	Refused the test
Minimum jail	90 days	120 days	120 days
Electronic home monitoring	120 days	150 days	150 days
License	3 year revocation	4 year revocation	4 year revocation
Minimum fine	$1,000	$1,500	$1,500

Where available in the county or city, the court also orders six months of 24/7 sobriety monitoring.

The maximum sentence for a gross misdemeanor DUI is 364 days in jail and a $5,000 fine. A child under 16 in the car adds jail time, a larger fine, and more time on the ignition interlock for each child.

Ignition Interlock

After a DUI conviction, or while on a deferred prosecution, you can drive only a vehicle with an ignition interlock for at least one year the first time, five years the second time, and ten years the third time. The device stays on until the vendor certifies 180 consecutive days without a violation. (RCW 46.20.720) Read more about ignition interlock.

Felony DUI

Since January 1, 2026, a DUI becomes a class B felony if you have three or more prior offenses within 15 years. It is also a felony if you were ever convicted of vehicular homicide or vehicular assault while under the influence, or of a prior felony DUI or felony physical control. A class B felony carries up to 10 years in prison and a $20,000 fine. The sentence you actually face depends on your criminal history.

Other Consequences

A DUI can also affect your job, your insurance, and your right to own a firearm. In June 2026, the Washington Supreme Court upheld a state law that takes away gun rights from anyone with two DUI-related offenses within seven years. Read my summary of that decision.

Talk to a Vancouver WA DUI Attorney

Call me at (360) 975-4673 for a free consultation. I will explain the charge, the DOL process, and your options, and give you an honest assessment of your case. The DOL deadline is only seven days, so call as soon as you can.

Arrested in Oregon? See my Oregon DUII page.

Feb 28, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.