WASHINGTON DUI PENALTIES

The criminal charge of DUI is classified as a gross misdemeanor in the State of Washington. The classification of a crime under Washington law is determined by the maximum possible penalty a judge could impose for each individual crime. All gross misdemeanors—including DUI—have maximum penalties of 364 days in jail and a fine of $5,000.00. Some crimes in Washington also have mandatory minimum penalties which prohibit the judges from going lower than predetermined penalties if someone is convicted of such an offense. These mandatory minimum penalties are created by the legislature and are based on certain factors. For a DUI the factors that are taken into consideration when determining mandatory minimum penalties include: the number of prior DUI's or like offenses in the last seven years and whether or not the individual took the breath test and what those results were or if they refused to take the breath test. The following chart lays out the mandatory minimum Washington DUI penalties based on these factors *.

(*This chart should only be used as a guideline for the possible Washington DUI penalties that could be imposed by a judge if there is a conviction for a Washington DUI offense.)

 

FIRST DUI OFFENSE / NO PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breath Test Under .15%
Or
No Breath Test but Not a Refusal

• One day in jail minimum OR 15 days Electronic Home Detention
• One additional day of jail if a passenger under 16 years of age was present
• $940.55 total minimum fines with statutory costs and assessments
• 90 day license suspension
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of 1 year; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court

Breath Test .15% or Higher
Or
Refusal to Take Breath Test

• Two days in jail minimum OR 30 days Electronic Home Detention
• One additional day of jail if a passenger under 16 years of age was present
• $1195.50 total minimum fines with statutory costs and assessments
• 1 year license revocation for breath test over .15;
• 2 year revocation if refusal
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of 1 year; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court

 

SECOND DUI OFFENSE / ONE PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breath Test Under .15%
Or
No Breath Test but Not A Refusal

• 30 days in jail minimum PLUS 60 days Electronic Home Detention
• 5 additional days of jail a passenger under 16 years of age was present
• $1195.50 total minimum fines with statutory costs and assessments
• 2 year license revocation
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of 5 years; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court (up to two years)

Breath Test .15% or Higher
Or
Refusal To Take Breath Test

• 45 days in jail minimum PLUS 90 days Electronic Home Detention
• 5 additional days of jail if a passenger under 16 years of age was present
• $1,620.50 total minimum fines with statutory costs and assessments
• 900 day license revocation for breath test over .15;
• 3 year revocation if refusal
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of 5 years; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court (up to two years)

THIRD DUI OFFENSE / TWO PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breathe Test Under .15%
Or
No Breath Test but Not a Refusal

• 90 days in jail minimum PLUS 120 days Electronic Home Detention
• 10 additional days of jail if a passenger under 16 years of age was present
• $2, 045.50 total minimum fines with statutory costs and assessments
• 3 year license revocation
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of
• 10 years; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court (up to two years)

Breath Test .15% or Higher
Or
Refusal To Take Breath Test

• 120 days in jail minimum PLUS 150 days Electronic Home Detention
• 10 additional days of jail if a passenger under 16 years of age was present
• $2,895.50 total minimum fines with statutory costs and assessments
• 4 year license revocation
• SR-22 Insurance for 3 years
• Probationary license for 5 years after reinstatement
• Probation monitoring by the court for up to 5 years
• Ignition interlock shall be required by the DOL for a minimum of
• 10 years; an additional 6 months shall be added if a passenger under 16 years of age was present
• Alcohol evaluation and treatment as determined by the court (up to two years)

DEPT. OF LICENSING PENALTIES

BREATH TEST .08 OR HIGHER

• 1st administrative action within 7 years - 90 day license suspension
• 2nd or subsequent administrative action within 7 years - 2 year license revocation
• 20 days to request hearing (as of January 1, 2009)
• $375 hearing fee unless indigent
• Hearing within 60 days of arrest
• $150 reissue fee
• SR-22 Insurance required 3 years thereafter
• Ignition Interlock License available for the full suspension or revocation if certain requirements met (as of January 1, 2009)

REFUSAL TO TAKE BREATH TEST

• 1st administrative action within 7 years - 1 year license revocation
• 2nd or subsequent administrative action within 7 years - 2 year license revocation
• 20 days to request hearing (as of January 1, 2009)
• $375 hearing fee
• Hearing within 60 days of arrest
• $150 reissue fee
• SR-22 Insurance required 3 years thereafter
• One year license revocation even if driver enters into a deferred prosecution unless driver successfully challenges the administrative action
• Ignition Interlock License available for the full revocation if certain requirements met (as of January 1, 2009)

OTHER AREAS OF CRIMINAL PRACTICE

Over the past 17 years as a criminal defense attorney I have represented individuals who have been charged with everything from simple fishing violations to complex felonies.  I have also represented individuals seeking to challenge the State's denial of a professional license in the administrative law arena.  Any criminal charge is a very stressful situation. Having an experienced criminal defense attorney on your side who can explain all of the various intricacies will drastically reduce the level of anxiety that you are experiencing.

There are thousands of different types of crimes in the State of Washington. As a criminal defense attorney, the misdemeanor and gross misdemeanor charges that I generally handle are in the following categories or groups:

 

Driving Offenses:

These include DUI, Physical Control, Reckless Driving, Negligent Driving, Hit and Run Attended or Unattended and the various degrees of Driving While License Suspended. While all of these involve a motor vehicle there is also a BUI—Boating While Under the Influence—which involves driving a boat or a vessel while under the influence.

Assaultive Behavior Offenses:

These include the various degrees of Assault, Disorderly Conduct, Harassment, and Violation of a Protection Order.

Minors:

Minors can find themselves charged with MIPs (Minor in Possession or Consumption of Alcohol). Also, if a minor drives a vehicle after consuming alcohol (depending on the amount of alcohol in their system) they could either find themselves facing the charge of Minor Operating a Motor Vehicle after Consuming Alcohol, or the very same DUI charge as though they were an adult.  Anyone under 21 years of age may still be charged with Possession of Marijuana (under 40 grams) a misdemeanor.    

Property Offenses and Offenses Against Others:

Malicious Mischief, Theft, Trespass and Reckless Endangerment are the typical crimes located here.

If you have been charged with one of the crimes listed above, or even one that is not listed, please call to learn about the law violation alleged, the penalties you are facing, potential defenses to your crime, likely outcomes, and retaining our professional services to assist you. In addition to the misdemeanors and gross misdemeanors listed above I have also handled numerous felony cases throughout my career. Due to the nature of these offenses I am forgoing listing the different felonies here. If you are charged with a felony offense, please contact our office to discuss.