Criminal Penalties for WA State DUI
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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.
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 4th 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 | $823 to $5,000 | $1,015 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 | $1,015 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 |
