Besides being an illegal, potentially deadly activity, operating a moving vehicle while under the influence of alcohol or another drug can severely affect your immigration case and could result in your deportation. 

  • A DUI charge can place you in removal (deportation) proceedings. 
  • If you are sent to the Northwest Detention Center in Tacoma, a DUI charge will affect whether the immigration judge sets bond and what the amount of the bond will be. 
  • Furthermore, a DUI can affect whether or not you receive relief from deportation and whether you will be eligible for certain immigration opportunities.
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DUI FAQS

Did the police officer legally stop me? The officer must have "probable cause," which means the officer must show that a reasonable person standing in the officers shoes would have had reason to believe a crime was being committed.

Do I have to take a field sobriety test? Whether or not you take Field Sobriety Tests (FSTs) is entirely voluntary. You are not required to perform them. Officers and prosecutors use your performance on these tests as a means to prosecute you. 

Even the portable breath test?  Taking the portable breath test is entirely voluntary. The results are rarely if ever admitted in court but can be used by the DOL against you in a hearing to suspend your license. 

What are Washington's DUI and BAC limits?

ALL DRIVERS - BAC LIMIT = 0.08% 

In the State of Washington it is crime for ANY driver to drive or be in actual physical control of a vehicle with a BAC (blood alcohol content - concentration) of 0.08% and above. 


COMMERCIAL DRIVERS BAC LIMIT = 0.04% 
It is a crime for commercial vehicle operators to drive or be in actual physical control of a vehicle with a BAC (blood alcohol content - concentration) of 0.04% or above.


MINOR (under the age of 21) - BAC LIMIT = 0.02% 
It is a crime for persons under 21 years of age to drive or be in actual physical control of a vehicle with a BAC (blood alcohol content - concentration) of 0.02% or above.



If charged with a DUI or if I am convicted, what are the possible penalties?


  • Jail time or Electronic Home Monitoring
  • Probation & Fines
  • Washington or out of state driver's license suspension
  • Suspension of a commercial drivers license (CDL)
  • WA SR-22 (High Risk) auto insurance
  • Mandatory ignition interlock device
  • Mandatory alcohol or drug treatment
What if I was arrested or convicted for driving under the influence of drugs?

The criminal consequences are the same for a DUI that results from prescription drugs, illegal drugs, or Marijuana. For a Marijuana DUI, the presumed level of intoxication is .05 nanograms of THC. For other drugs, there is no presumed level of intoxication. The information obtained from field sobriety tests and blood tests is used by the prosecutor in an attempt to prove intoxication.

In addition to the above, the immigration consequences can be severe-you can be put into deportation proceedings. If you are detained at the Northwest Detention Center, a DUI may prevent you from being granted bond.
Our attorney will fight to help you obtain a plea agreement, a reduced sentence, a dismissal or an acquittalCLICK HERE TO CONTACT OUR ATTORNEY TODAY