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DUI

Criminal Penalties for Washington State DUI

Glblaw-penality-diagram

WA DUI Penalties:

Gross Misdemeanor

If you are charged with a Washington DUI or physical control charge you are most likely facing a gross misdemeanor crime.*  For a gross misdemeanor the maximum sentence a judge could impose is up to 364 days in jail and a $5000 fine.  In addition to maximum penalties, Washington DUI and physical control charges carry “mandatory minimum” penalties as described below.  These penalties are all governed by the DUI penalty statute, the very long and complex RCW 46.61.5055.

The penalties that you are facing in your case will depend on your prior criminal history and the breath test result or if the case is an alleged refusal.  These penalties include mandatory jail, fines, loss of license, probation, and the ignition interlock device.

* Please note, if this is your 5th DUI arrest in 10 years, you have a prior conviction for a felony DUI, or you have previously been convicted of a DUI related vehicular assault or homicide, you may be facing felony charges and the significantly higher penalties.

Understand WA minimum penalties for DUI convictions:

First Offense DUI BAC less than .15%
OR no test result
BAC .15% or higher
OR test refusal
Minimum Jail Time
Or Electronic Home Or Monitoring (EHM)
24 hours consecutively

or 15 days EMH

48 hours consecutively

or 30 days EMH

• Jail time maximum 364 days 364 days
• Fines & Fees $823 to $5,000 $1,015 to $5,000
• License Suspension 90 days 1 - 2 years
• Ignition Interlock One year after suspension One year after suspension
• Alcohol/drug assessment Yes Yes
• Probation Five years Five years
Second Offense DUI BAC less than .15% OR no test result BAC .15% or higher
OR test refusal
Jail time minimum 30 days consecutively 45 days consecutively
Jail time maximum 364 days 364 days
Electronic Home
Monitoring (EHM)
60 days 90 days
Fines & Fees $1,015 to $5,000 $1,405 to $5,000
License suspension Two years 900 days -
3 Years
Ignition Interlock Five years if previously restricted Five years if previously restricted
Alcohol/drug assessment Yes Yes
Probation Five years Five years
Third or More Offense DUI BAC less than .15% OR no test result BAC .15% or higher
OR test refusal
Jail time minimum 90 days consecutively 120 days consecutively
Jail time maximum 364 days 364 days
Electronic Home
Monitoring (EHM)
120 days 150 days
Fines & Fees $1,805 to $5,000 $2,605 to $5,000
License suspension Three years Four years
Ignition Interlock Ten years if previously restricted for five Ten years if previously restricted for five
Alcohol/drug assessment Yes Yes
Probation Five years Five years
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