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Understanding DUI Penalties in Washington State

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DUI Laws in Washington State

Driving under the influence (DUI) is a criminal offense when a person operates a vehicle while impaired by drugs or alcohol. The penalties of a DUI charge in Washington State are severe, even for a first offense. These severe consequences can include fines, jail time, license suspension, and mandatory installation of an ignition interlock device. Understanding the legal penalties associated with a DUI conviction and the potential defenses to fight the charges effectively is crucial.

This comprehensive guide will provide in-depth information about the DUI laws in Washington State, including the legal limit for blood alcohol concentration (BAC), the different types of DUI charges, and how the authorities test for impairment. Additionally, we will discuss the penalties for a DUI conviction, such as mandatory minimum jail time, fines, and license suspension.

If you are facing DUI charges, you need an experienced and knowledgeable attorney to protect your rights and defend your case. Callahan Law is a leading law firm in DUI defense in Washington State, with a proven track record of successful outcomes for their clients.

Penalties for a DUI Conviction

In Washington, DUI has serious penalties even at the misdemeanor level, and those penalties become increasingly severe with each subsequent offense.  Typically, a DUI in Washington will have a maximum penalty of 364 days in jail, a $5,000 fine, and many other minimum penalties. In general, these penalties can include:

  • Jail time or electronic home monitoring
  • Financial costs, such as probation fees and legal fines
  • Driver licensing consequences
  • Commercial Driver License Consequences
  • Mandatory Ignition Interlock Device requirements
  • Substance Use Evaluation and Treatment
  • SCRAM devices (remote alcohol monitoring)

These penalties change with the severity of your charge and can also be impacted by other factors, such as whether you had passengers under 16 and the level of your breath test.  

Let’s break down the penalties for first, second, and third DUI charges:

First Offense

If convicted and your breath or blood test is under 0.150 for alcohol or 5 nanograms of THC or more:

  • Minimum 24 hours| Maximum 364 days in jail
  • Instead of Jail, you can opt for 15 days of Electric Home Monitoring (EHM) per one day in jail or other Jail Alternatives (when available).
  • License suspension for 90 days (day-for-day credit possible for admin suspension or revocation already served.)
  • 1 Year of Mandatory Ignition Interlock Device
  • Minimum fine of $990.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and treatment, if recommended

If convicted and your breath or blood test is over 0.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 48 hours in jail | Maximum 364 days in jail.
  • Instead of Jail, you can opt for 30 days of Electric Home Monitoring (EHM) or a Jail Alternative
  • License revocation for 1 year | 2 years for a test refusal (day-for-day credit possible for admin suspension or revocation already served.)
  • 1 Year of Mandatory Ignition Interlock Device
  • Minimum fine of $1,245.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and treatment/classes, if recommended.
 

Second Offense

If convicted and you have a prior DUI within 7 years, and your breath or blood test is under <.150 for alcohol or 5 nanograms of THC or more:

  • Minimum 30 days in jail | Maximum 1 year in jail
  • 60 days mandatory Electric Home Monitoring (EHM) 
  • As an alternative to the mandatory Jail and EHM term, you can petition the court to allow you to serve 180 days of EHM instead or 120 days of 24/7 Sobriety Monitoring.
  • 2-year license revocation (day-for-day credit possible for admin suspension or revocation already served.)
  • Either 1 year or 5 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $1,245.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment

 

If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 45 days in jail | Maximum 1 year in jail
  • 90 days mandatory Electric Home Monitoring (EHM)
  • As an alternative to the mandatory jail and EHM, you can request the court impose 6 months of EHM or 120 days of 24/7 Sobriety Monitoring
  • License revocation for 900 days | 3 years for a test refusal (day-for-day credit possible for admin suspension or revocation already served.)
  • Minimum fine of $1,670.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and outpatient treatment.
DUI Penalties Washington State

Third Offense

If convicted and you have two prior DUIs within 7 years, and your breath or blood test is under <.150 for alcohol or 5 nanograms of THC or more:

  • Minimum 90 days in jail | Maximum 1 year in jail
  • 120 days mandatory Electric Home Monitoring (EHM) or a Jail Alternative. 8 days in jail minimum.
  • As an alternative to the mandatory Jail and EHM, you can ask for 360 days of EHM or 24/7 Sobriety Monitoring
  • 3-year license revocation (day-for-day credit possible for admin suspension or revocation already served.)
  • Up to 10 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $2,095.50| Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment

 

If convicted and your breath or blood test is over >.150 for alcohol or accused of refusing the breath or blood test:

  • Minimum 120 days in jail | Maximum 1 year in jail
  • 150 days mandatory Electric Home Monitoring (EHM) or a Jail Alternative. 10 days in jail minimum.
  • As an alternative to mandatory Jail and EHM, you can ask for 360 days of EHM or 24/7 Sobriety monitoring. 
  • 4-Year License Revocation
  • Up to 10 years of Mandatory Ignition Interlock Device.
  • Minimum fine of $2,945.50 | Maximum fine of $5,000
  • Mandatory alcohol assessment and out-patient treatment.

Fourth Offense

If you are arrested for DUI and have 3 or more DUI convictions within 10 years, or if you have ever been convicted with Vehicular Assault or Vehicular Homicide while under the influence of alcohol or any drug, the DUI charge will most likely be a Felony charge. 

The penalties for Felony DUI are significant and will depend on the defendant’s Offender Score. 

License Suspension

License suspension is a common consequence of a DUI conviction. Understanding the duration of suspension and the possibility of obtaining a restricted license is crucial for those facing a DUI charge.

DUI Penalties in Washington State

Ignition Interlock Device

You could face an Interlock Device requirement both from the Court after your arraignment and from the State Department of Licensing after your conviction.  It is important to note that an Interlock Device is a mandatory condition of probation if you have been convicted of a “Prior Offense” under Washington Law. Washington State also typically requires individuals convicted of DUI to install an ignition interlock device in their vehicles. This device measures a driver’s BAC before allowing the vehicle to start, promoting safe and sober driving.

Any pre-conviction term of Interlock Device will vary widely in duration, while the post-conviction interlock device requirement can range in duration from 6 months to 10 years.

SR-22 Insurance

If your license to drive is suspended or revoked because of a DUI arrest or conviction, you will likely need to obtain SR-22 insurance, a certificate that demonstrates financial responsibility. This certificate is not a specific type of insurance policy but rather an add-on to an insurance policy that can raise your rates.

You will be required to maintain this policy for at least 3 years following the date you reinstate your license.

Why Choose Callahan Law?

Callahan Law is a recognized leader in DUI defense in Washington State. With a team of experienced attorneys specializing in DUI cases, they offer:

  • **Knowledge:** The attorneys at Callahan Law have a deep understanding of Washington’s DUI laws and legal processes.
  • **Proven Results:** They have a track record of successfully defending clients against DUI charges.
  • **Personalized Representation:** Each case is treated with the utmost care and tailored to the individual circumstances.
  • **Client Satisfaction:** Callahan Law is committed to protecting your rights and guiding you through the legal process.

Conclusion

Understanding DUI penalties in Washington State is essential for anyone facing a DUI charge. The consequences can be severe, but with the right legal representation, you can navigate the process effectively. 

 

Callahan Law stands as a reliable and experienced choice for DUI defense in Washington State, ensuring you receive the best possible defense when you need it most. If you’re facing a DUI charge, don’t hesitate to reach out to them for assistance. Your future may depend on it.

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Snohomish County DUI Attorney

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