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DUI Penalties
In Washington State, a DUI conviction is a gross misdemeanor offense. Like other gross misdemeanors, a DUI conviction carries with it maximum penalties of 365 days in jail and a $5,000 fine. RCW 9A.20.021(2) Unlike most gross misdemeanors, however, the Washington state legislature has mandated that DUI convictions have mandatory minimum penalties. RCW 46.61.5055 This is significant to a person arrested for a Washington DUI because the DUI penalties include mandatory jail time. These penalties are mandated by state law, so they will be the same whether you get a Seattle DUI, Redmond DUI, Bellevue DUI, or a DUI in any other Washington State county or city.
Washington DUI penalties are some of the toughest in the nation, and take into account factors such as a person’s breath alcohol content and prior history. For example, even with no prior offenses, DUI penalties can be more severe for a person whose breath test results were above .15 than for a person whose breath test results are below .15. Likewise, a person who refuses to take the breath test at the police station can face greater punishment than a person who gives a breath sample that is between .08 and .15. The lists below are illustrative of the minimum penalties a person charged with DUI could face if convicted. Our Seattle DUI attorneys can answer any questions about DUI penalties when you schedule your free consultation.
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 Monitoring
- $823 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 90 day license suspension
- SR-22 Insurance
- 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 at least 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 Monitoring
- $1078 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 1 year license revocation for breath test over .15; 2 year revocation if refusal
- SR-22 Insurance
- 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 at least 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
- 45 days in jail minimum and 90 days Electronic Home Monitoring
- $1325 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 2 year license revocation
- SR-22 Insurance
- 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 at least 1 year, but 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
- Two days in jail minimum OR 30 days Electronic Home Monitoring
- $1078 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 1 year license revocation for breath test over .15; 2 year revocation if refusal
- SR-22 Insurance
- 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 at least 1 year
- Alcohol evaluation and treatment as determined by the court
THIRD DUI OFFENSE
(TWO PRIOR DUI OFFENSE IN THE LAST 7 YEARS)
Breath Test Under .15%
Or
No Breath Test but Not A Refusal
- 90 days in jail minimum PLUS 120 days Electronic Home Monitoring
- $1,928 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 3 year license revocation
- SR-22 Insurance
- 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 at least 1 year, but 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 Monitoring
- $2,778 total minimum fine (up to $5,000 maximum) w/ statutory assessment
- 4 year license revocation
- SR-22 Insurance
- 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 at least 1 year, but up to 10 years
- Alcohol evaluation and treatment as determined by the court (up to two years)
Our DUI attorneys regularly appear throughout King County for DUI cases, including all District Courts (Downtown Seattle, Shoreline, Bellevue, Burien, Kent, Redmond, and Issaquah). Our DUI attorneys also represent clients in all King County municipal courts, including Seattle, Bellevue, Carnation, Duvall, Kenmore, North Bend, Redmond, Sammamish, Shoreline, Skykomish, Snoqualmie, Woodinville, Burien, Des Moines, Kirkland, Auburn, Bothell, Clyde Hill, Federal Way, Hunts Point, Issaquah, Kent, Lake Forest Park, Mercer Island, Medina, Hunts Point, Newcastle, Renton, SeaTac, Tukwilla, and Yarrow Point.
Now our Seattle DUI attorneys are also serving Pierce and Snohomish counties, including municipal courts in Tacoma, Fife, Gig Harbor, Puyallup, Edmonds, Everett, Monroe, Lynnwood, Arlington, Mukilteo, Marysville, and Mill Creek.
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