DUI Penalties
Washington State DUI Laws Toughest in Nation
If you are reading this after having been arrested for DUI, stiff Washington State DUI penalties loom large and may dramatically affect your life. Don’t panic – a DUI arrest is serious but defending your charge effectively is the only mission of the Fox Law Firm.
The information provided here may seem overwhelming but remember, an experienced DUI defense attorney will give you the advice that fits your precise situation. No matter how complex your case or steep the consequences, the Fox Law Firm will work relentlessly to minimize the damage you may incur —personally, professionally, and financially.
Mandatory Minimum Sentencing for DUI Convictions
On a DUI conviction, the judge looks to the DUI sentencing statute to determine the mandatory minimum sentence that is required by law. The judge has discretion to exceed the minimum sentence, but he is not required to do so. The judge does not have authority to impose a lower sentence than the mandatory minimum. In all cases, the minimum sentence is made more punitive whenever any of the three facts are present:
- Prior offenses, meaning either a DUI conviction, a reduction from a DUI charge, or a prior Deferred Prosecution. If the prior date of arrest is within seven years of the date of the current arrest, then the harsher sentence is required.
- Breath test reading of .15 or higher. A high breath test places the accused into a harsher mandatory sentence
- Refusal of the Breath Test. A refusal of a breath test requires the judge to impose a harsher sentence.
DUI Penalties for First, Second, and Third Offenses
Although Washington’s DUI laws are some of the toughest in the nation, in most cases being charged with a DUI is not career-ending. If jail is imposed, with good representation, jail time can likely be limited to the mandatory minimum. Basic DUI penalties such as the minimum fines and jail time are set forth under Washington law are outlined below.
First DUI
Breath Test Under .15
- 1 day in jail
- 1 additional day in jail is required if a passenger under 16 is in the car
- $990.50 fine including basic court costs/assessments
- 90 day license suspension
- At least 1 year of ignition interlock
Breath Test .15 or higher, or refused test
- 2 days in jail
- 1 additional day in jail is required if a passenger under 16 is in the car
- $1,245.50 fine including basic court costs/assessments
- 1 year license revocation, 2 years license revocation if refused test
- At least 1 year of Ignition interlock
Second DUI Within 7 Years
Breath Test Under .15
- 30 days in jail
- 5 additional days in jail are required if a passenger under 16 is in the car
- 60 days electronic home detention
- $1,245.50 fine, including basic court costs/assessments
- 2 year license revocation
- At least 5 years of Ignition interlock, if a previous DOL interlock restriction
Breath Test .15 or higher, or refused test
- 45 days in jail
- 5 additional days in jail are required if a passenger under 16 is in the car
- 90 days electronic home detention
- $1,670.50 fine including basic court costs/assessments
- 5 years license revocation, 3 year license revocation if refused test
- 10 years of Ignition interlock, if two previous DOL interlock restrictions
Third DUI Within 7 Years
Breath Test Under .15
- 90 days in jail
- 10 additional days in jail are required if a passenger under 16 is in the car
- 120 days electronic home detention
- $2,095.50 fine including basic court costs/assessments
- 3 year license revocation
- 10 years of Ignition interlock, if two previous DOL interlock restrictions
Breath Test .15 or higher, or refused test
- 120 days in jail
- 10 additional days in jail are required if a passenger under 16 is in the car
- 150 days Electronic Home Monitoring
- $2,945.50 fine including basic court costs/assessments
- 4 years license revocation
- 10 years for ignition interlock, if two previous DOL interlock restrictions
It is also important to understand that every situation is different—the information outlined is necessarily general in nature and might not exactly apply to your situation. These DUI penalties provide general guidance as it relates to Washington DUI Law. In addition to these penalties, probation and other fees may be required by the court. What is listed here are the basic penalties - incarceration and licensing suspension, that are of immediate concern to most people.
An experienced attorney will be able to help navigate and explain the penalties you may expect. Providing skilled advocacy and knowledgeable representation, Jon Fox has been protecting the legal rights of clients in DUI cases since 1985.
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You Might Have A Prior DUI Conviction And Not Know It
Your criminal record might be worse than you think. Due to Washington’s evolving DUI laws, you might have a prior DUI conviction and not even know it. If you were previously charged with DUI and the charge was reduced, you may have been told that this reduction would not count against you if you were arrested for DUI again.
While that was once true, now almost any prior reduction of a DUI charge will be held against you in some manner if you are charged with DUI again. If the prior arrest occurred within seven years of a current DUI arrest, the new charge will be treated as a second or subsequent offense for sentencing purposes. Even a successfully completed Deferred Prosecution, where the prior DUI charge was actually dismissed, will count as a prior conviction if the prior arrest occurred within seven years of the current arrest. This may mean the difference between one day or thirty days in jail if the breath test result is over .08, but under .15.
Stiff Penalties for Probation Violations
It is common for five years of probation to be required by either active reporting to a probation officer or by way of court monitoring. One of the relatively unknown, but quite important aspects of Washington State’s DUI law is that probation violations are dealt with very harshly. By law, a judge is required to impose a number of conditions of probation which will be in effect for potentially a five-year term of probation. These include:
- No driving a motor vehicle without a valid license and insurance;
- No driving a vehicle with an alcohol concentration of .08 or more within two hours of driving; and
- No refusing to submit to a test of breath or blood upon lawful request of a police officer.
- No driving without an ignition interlock when that has been required.
If the court finds that any of these violations have occurred, the law states “the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.” This is the penalty that would be imposed upon a person who was convicted of a first offense DUI who violates any of the mandatory probation conditions.
Many Washington State DUI courts schedule periodic reviews to determine compliance with the conditions of probation. Other courts, such as, Seattle DUI Probation Office, and the King County DUI Probation Department have very active and effective probation departments.
Administrative Penalties for Washington DUI
Even if you haven’t been convicted of a DUI, you can still face administrative penalties simply for being charged with one. If you have been arrested for a DUI and the test result was .08 or higher, a 90-day license suspension will be imposed by the Washington State Department of Licensing. If the DUI is your second or third within seven years, you could also face a two-year license revocation. In the event you refused the breath test, you will have your license revoked for one year. Remember, in order to fight this license suspension, a timely request must be made for a DOL hearing. Do not delay in making this request if you have been arrested for DUI.
Significantly, the administrative penalties are separate from the criminal charges that can be brought against you. A DUI administrative hearing must be specifically requested to save your license. Even if you prevail at your administrative hearing with the Washington DOL, you will still have to defend yourself in court. The Fox Law Firm regularly represents clients at both their DUI administrative and judicial proceedings and helps them achieve the best possible results in their cases.
Contact a Qualified Washington DUI Attorney
If you have been charged with a DUI, an experienced DUI attorney can work to help you avoid a conviction — and take the emotional burden off your shoulders. Providing skilled advocacy and knowledgeable representation, the Fox Law Firm PLLC has been protecting the legal rights of clients in DUI cases since 1985. Contact Attorney Jon Fox for a free consultation by calling (425) 274-9190.
