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Washington State DUI Penalties

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Criminal DUI Penalties in WA

In the State of Washington, the criminal charge of DUI is classified as a gross misdemeanor. All crimes in our state are defined by the maximum possible penalty for which a judge could impose.  All gross misdemeanors, including DUI, have maximum penalties of 364 days in jail and a fine of $5,000.00 base fine. Some crimes in Washington state also have what are called mandatory minimum penalties, which prohibit judges from going lower than pre-determined penalties (if convicted of the offense).  These mandatory minimum penalties are established by the legislature and are based on several factors. Some of the things used to determine the mandatory minimum for a sentence include: the number of prior DUI (or like) offenses within the last seven years, the alcohol level of one's breath or blood sample, and whether a subject "refused" a breath sample.  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
  • $990.50 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 is required by the DOL for a minimum of 1 year (with a 6-month compliance for removal)
  • Alcohol evaluation and treatment as determined by the court; DUI Victim's Panel
Breath Test .15% or Higher  Or Refusal to Take Breath Test
  • Two days in jail minimum OR 30 days Electronic Home Detention
  • $1,245.50 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; DUI Victim's Panel

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; OR 4 days in jail PLUS 180 days of Electronic Home Detention
  • $1,245.50 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 10 years (depending on whether one's previous offenses resulted in an IID requirement)
  • Alcohol evaluation and treatment as determined by the court (up to two years); DUI Victims Panel
Breath Test .15% or Higher Or Refusal To Take Breath Test
  • 45 days in jail minimum PLUS 90 days Electronic Home Detention; OR 6 days in jail PLUS 180 days of Electronic Home Detention
  • $1,670.50 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, but can be up to 10 (depending on whether one's previous offenses resulted in an IID requirement)
  • Alcohol evaluation and treatment as determined by the court (up to two years); DUI Victims Panel

THIRD DUI OFFENSE / TWO PRIOR DUI OFFENSES 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
  • $2,095.50 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, but can be up to 10 years (depending on whether one's previous offenses resulted in an IID requirement)
  • Alcohol evaluation and treatment as determined by the court (up to two years); DUI Victims Panel
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, but can be up to 10 years (depending on whether one's previous offenses resulted in an IID requirement)
  • Alcohol evaluation and treatment as determined by the court (up to two years); DUI Victims Panel
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