Criminal Penalties for WA State DUI

(206) 467-3190

WA DUI Penalties:

Give Us A Call: 206-467-3190

We have helped hundreds of people who are in a similar situation to you fight their WA DUI charges.
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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. 

Burg & Lantz: WA DUI Defense
Burg & Lantz: WA DUI Defense

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 3rd 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 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

$990.50 to $5,000

$1,245.50 to $5,000

• License Suspension

90 days

1 - 2 years

• Ignition Interlock

One year after the suspension

One year after the 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

$1,245.50 to $5,000

$1670.50 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

$2,095.50 to $5,000

$2945.50 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

 

 


Facing a DUI Charge in Washington State?

Give Us A Call: 206-467-3190

We will not try to "hard sell" you.

Finally, we will not try to “hard sell” you to hire us. We know choosing an attorney is a big decision and one you must make carefully – not under pressure. Because an effective attorney-client relationship requires a lot of communication and trust, we really only want to represent people who feel comfortable with us and have complete confidence in our abilities. If you don't, then you have the right to an attorney that you do feel would be a better fit.

Thank you for taking the time to look through this web site. Please contact us if you would like to meet and further discuss how we may assist you.

Contact US Today

Burg & Lantz is committed to answering your questions about DUI or physical control law in Washington.

We offer a Free Initial Consultation and we'll gladly discuss your case with you at your convenience. Contact us today at 206-467-3190 to schedule an appointment.

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