Criminal DUI Penalties

In the State of Washington the criminal charge of DUI is classified as a gross misdemeanor. All crimes in the state are defined by what the maximum possible penalty a judge could impose for such a crime. All gross misdemeanors, including DUI, have maximum penalties of one year in jail and a fine of $5,000.00. Some crimes in the state also have what are called mandatory minimum penalties which prohibit the judges from going lower then predetermined penalties if someone is convicted of an offense. These mandatory minimum penalties are laid out by the legislature and are based on certain factors. For DUIs, the factors that are taken into consideration when determining mandatory minimum sentences include: the number of prior DUI (or the 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 in the pending matter. The following charts lay out the mandatory minimum penalties based on these factors*.

(*They should only be used just as a guideline for the possible penalties that could be imposed by a judge or the DOL if there is conviction for a 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 Detection
• $823 total minimum fine w/ statutory assessment
• 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
• 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
• $1078 total minimum fine w/ statutory assessment
• 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
• 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
• $1078 total minimum fine w/ statutory assessment
• 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 1 year, up to 5 years
• 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
• $1,503 total minimum fine w/ statutory assessment
• 2 year 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 1 year, up to 5 years
• 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
• $1,928 total minimum fine w/ statutory assessment
• 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 1 year, up to 10 years
• 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
• $2,778 total minimum fine w/ statutory assessment
• 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 1 year, up to 10 years
• Alcohol evaluation and treatment as determined by the court (up to two years)