The following are the penalties that went into effect as of July 25, 2005. It is meant to give the reader a guideline as to possible punishments. It should not be relied on in lieu of speaking with a DUI Attorney who can assess the unique facts of your case.
| CRIME |
CRIMINAL PENALTY |
LICENSE PENALTY |
| DUI with BAC less than 0.15 (for reasons other than a refusal to take a breath or blood test) with no priors in the last 7 years. |
At least 24 hours* in jail--at most, 365 days in jail (it is up to the judge).
Fine of $350 to $5,000 ($866 minimum fine w/statutory assessments).
|
Suspension of driver's license for 90 days. |
| DUI with BAC of at least 0.15 or a refusal to take a breath or blood test with no priors in the last 7 years. |
At least 48 hours* in jail--at most, 365 days in jail (again, up to the judge).
Fine of $500 to $5,000 ($1,121 minimum fine w/statutory assessments).
|
Revocation of driver's license for one year (two years if BAC was refused). |
| DUI with BAC less than 0.15 (for reasons other than a refusal to take a breath or blood test) with one prior DUI in the past 7 years. |
At least 30 days in jail--at most, 365 days in jail (it is up to the judge), plus at least 60 days of home monitoring, for which the offender pays.
Fine of $500 to $5000 ($1,121 minimum fine w/statutory assessments).
|
Revocation of driver's license for two years, followed by a period in which the offender's vehicle will be equipped with an ignition interlocking device**, for which the offender pays. |
| DUI with BAC of at least 0.15 or a refusal to take a breath or blood test with one prior DUI in the past 7 years. |
At least 45 days in jail--at most, 365 days in jail (it is up to the judge), plus 90 days of electronic home monitoring, for which the offender pays.
Fine of $750 to $5000 ($1,546 minimum fine w/statutory assessments).
|
Revocation of driver's license for 900 days, followed by a period in which the offender's vehicle will be equipped with an ignition interlocking device**, for which the offender pays. |
| DUI with BAC of less than 0.15 (for reasons other than a refusal to take a breath or blood test) with two or more DUIs within 7 years***. |
At least 90 days in jail--at most, 365 days in jail (it is up to the judge), plus 120 days of electronic home monitoring, for which the offender pays.
Fine of $1000 to $5000 ($1,971 minimum fine w/statutory assessments).
|
Revocation of driver's license for three years, followed by a period in which the offender's vehicle will be equipped with an ignition interlocking device**, for which the offender pays. |
| DUI with BAC of at least 0.15 or a refusal to take a breath or blood test with two or more DUIs within 7 years***. |
At least 120 days in jail--at most, 365 days in jail (it is up to the judge), plus 150 days of home monitoring, for which the offender pays.
Fine of $1500 to $5000 ($2,821 minimum fine w/statutory assessments).
|
Revocation of driver's license for four years, followed by a period in which the offender's vehicle will be equipped with an ignition interlocking device**, for which the offender pays. |
The minimum jail term for any DUI conviction is 24 hours. This can not be suspended or deferred unless the court finds that the imposition of the mandatory minimum sentence would create a "substantial risk" to the offender's mental or physical well-being.
The court has discretion to set penalties within the ranges outlined above. A judge is more likely to exceed the minimum for a first DUI charge if you are responsible for injury or damage to another or another's property or if you had one or more passengers with you at the time of the alleged offense. If you have prior DUIs, judges can and do sentence people in your situation to a year in jail.
Additionally, for second offenses within seven years, your vehicle may be subject to forfeiture.
If you are convicted of DUI, you will be subject to alcohol assessment and treatment.
Also, under the mandatory conditions of probation, anyone convicted of an alcohol-related offense will be prohibited from (a) driving a motor vehicle within the state without a valid license and proof of financial responsibility, (b) driving a motor vehicle within the state while having an alcohol concentration of 0.08% or more within two hours of driving, and (c) refusing to submit to a test of his/her breath or blood to determine alcohol consumption upon the reasonable request of a law enforcement officer. Any person who violates these mandatory conditions will be sentenced to 30 days in jail and will have his/her driving privilege suspended for 30 days.
*For first time offenders, the court may order 15 days of electric home monitoring in lieu of each 24 hour jail term. So, for a first offender, the court may order 15 days of home monitoring instead of jail for someone with a BAC under 0.15 or 30 days of home monitoring in lieu of jail for an offender with a BAC over 0.15 or a refusal of the chemical test. The court will order that the offender pay the costs of electronic home monitoring, which may include an alcohol detection device to monitor restrictions placed on alcohol consumption during the monitoring period.
**After a period of suspension or revocation of driving privileges, the court may impose an ignition interlock device on anyone convicted of an alcohol-related offense involving operating or being in physical control of a motor vehicle. This device makes it impossible to start the car if there is alcohol detected in the system.
***Effective July 1, 2007, DUI will be a class C felony if (a) the person has four or more prior offenses within ten years as defined in RCW 46.61.5055 or (b) the person has been previously convicted of homicide or vehicular assault while under the influence of alcohol and drugs.
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