Legal Question in DUI Law in Washington

Re: Dui

Keep in mind there is an administrative issue and a criminal issue.

As for the administrative issue, there may be some legal issue over why your son was initially stopped. If he wasn't lawfully stopped, his DL shouldn't be suspended. He should request a DOL hearing over license suspension--he only has 20 days from arrest to do so and it's a $200 application fee. If he doesn't request a hearing, his DL will be suspended for 90 days. If he didn't get paperwork from the officer, it's on DOL's website.

As for the criminal issue, the e prosecutor will decide whether there are sufficient grounds to actually file charges (and what). If charges are filed, your son will get a summons for a court date (some muni police actually provide the defendant a date to appear at the time of the arrest). Though you don't specifically state so, I'm guessing your son has both a DUI and a DWLS3 (based on unpaid ticket). If so, here's the general: a DWLS3 is a misdemeanor carrying a max of 90days jail/$1000 fine. People RARELY do jail on a DWLS3. The charge is usually reduced by plea to a civil infraction, or is usually pled away by just a fine. A DUI 1st time at a .09 is a gross misdemeanor carrying a max of 365 days jail/$5000 fine. It has a minimum (if pled as a DUI) of 1 day jail or 15 days electronic monitoring (that's expensive) and $866 (fine plus costs). A person would also have to submit to a DUI evaluation and do, at a minimum, the one-day ADIS (alc/drug info school) class, a partial day (3 hour) Victim's Impact Class, would have a 90 day DL suspension (on top of any admin DOL suspension), and would have to have an ignition interlock device installed for a period of 1 year following the suspension. Many DUIs are pled down to lesser charges, depending on the court, the prosecutor and the facts of the case. I've seen a number of these being disposed of via diversion programs.