Can I Get Jail Time for a DUI in Washington State?

August 24th, 2023
Posted By
Jon Fox
Old abandoned prison cellblock. - jail time for dui concept

If you’ve been arrested for driving under the influence of alcohol in Washington, you may be wondering whether jail time can be imposed. The state takes drinking and driving offenses very seriously and the penalties can be severe — even if you don’t have any prior convictions on your record, you can still be charged with a gross misdemeanor and face mandatory jail time for a DUI. Depending on the facts of the case and how many prior convictions you have, you may be charged with a felony DUI, which can come with harsher consequences and a lengthy prison sentence.

How Does a Court Determine Jail Time for DUI Offenses?

The amount of jail time for a DUI is based upon the specific charges you’re facing. While there are different penalties, based upon whether it’s your first, second, third DUI — or a subsequent offense — a variety of factors may be relevant when determining the sentence. In addition to considering your BAC results, a court may consider whether any of the following aggravating factors exist in your DUI case:

  • History of prior DUIs
  • BAC test refusal
  • The presence of drugs in your system at the time of the DUI
  • A child under 16 was in the vehicle
  • The DUI resulted in bodily injury or fatality to another
  • The DUI involved property damage

The court may also consider whether you were driving the wrong way on the highway at the time of the DUI or you pose a threat to the community when determining jail time. But regardless of whether any aggravating factors exist, it’s important to understand that mandatory minimum jail time for DUI offenses can be imposed if you are convicted of the charges that have been brought against you. A conviction can also come with a lifelong criminal record and a wide variety of personal, professional, and financial consequences.

It’s important to be aware that in addition to jail time for DUI offenses, substantial monetary fines are also imposed under Washington law.

How Much Jail Time for DUI Offenses is Imposed in Washington?

Regardless of whether it’s your first DUI, you can still face mandatory jail time. For instance, if your BAC test results were between .08 and .14, you could be sentenced to 24 consecutive hours in jail, even with no prior convictions on your record. If the breath test results showed you had a BAC of .15 or higher, a 48-hour jail sentence is required under Washington’s DUI law.

Generally, the maximum jail time for DUI offenses in Washington are as follows:

  • First DUI — One-year maximum jail time
  • Second DUI — One-year maximum jail sentence
  • Third DUI — One-year maximum jail term

If you’ve been charged with a second misdemeanor DUI within a seven-year period, and your BAC was lower than .15, a judge must sentence you to at least 30 days in jail and 60 days of electronic home confinement. In the event your BAC was .15 or higher, or you refused to take the breath test, you can face a mandatory sentence of 45 days in jail and 90 days of electronic home confinement.

The penalties increase substantially for a third misdemeanor DUI within seven years. For a third offense, the minimum jail term you would face is 90 days, followed by 120 days of electronic home confinement. However, if your BAC is .15 or higher, or you refused to take the breath test, your jail sentence would be followed by 150 days of electronic home confinement.

Jail Time for DUI Repeat Offenders

When it comes to jail time for DUI repeat offenders, the criminal penalties increase from misdemeanor to felony charges. Specifically, if you have been convicted of driving under the influence four or more times within ten years, a DUI will be classified as a felony. In felony cases, a judge will use a scoring system when evaluating the appropriate sentence, based on your prior offenses and the circumstances surrounding the DUI.

Felony DUIs can come with more severe penalties than misdemeanor DUIs. The following jail terms can be imposed, depending on the charge:

  • Class C felony — A maximum five-year jail term
  • Class B felony — A maximum 10-year jail sentence
  • Class A felony — Life imprisonment

Additionally, a DUI that involves a serious injury can be charged as vehicular assault, a Class B felony. If the DUI results in fatality to another within three years of the date of the accident, you could face charges for vehicular homicide, which is a Class A felony.

Contact an Experienced Washington DUI Attorney

Facing jail time for DUI offenses in Washington can be overwhelming and stressful. But a DUI charge doesn’t always have to mean a conviction — an experienced DUI defense attorney can protect your rights and work to fight the charges against you. Offering relentless representation and compassionate counsel, the Fox Law Firm PLLC has been fighting a wide variety of DUI charges for clients since 1985 — and securing positive results in their cases. Contact Attorney Jon Fox for a free consultation by calling (425) 584-6627.

Categories: DUI Penalties, DUI Process