DUI Defense/Misdemeanors:
Washington State DUI Criminal Penalties
Under Washington State DUI law, a judge must impose criminal penalties upon a conviction for DUI.
The time in jail depends upon the number of prior DUI offenses, whether or not the driver took a breath test and the breath test result. One year is the maximum jail term possible for a misdemeanor DUI. There are "aggravating factors" that the judge may consider when imposing a sentence, and these factors may result in a sentence longer than the mandatory minimum.
- Number of criminal convictions in addition to DUI convictions
- Whether an accident was involved
- Whether you had any passengers or children in your car, and
- Whether you pose a risk to the community
To determine the mandatory minimum DUI sentence, we must know:
1. Number of "prior DUI offenses." This is a term of art and includes not only Washington State DUI convictions but also convictions that resulted from plea bargains wherein a guilty plea was entered to a crime that started as a Seattle DUI or Washington State DUI but was reduced as part of the plea bargain. A prior offense is a conviction for Washington State DUI, Physical Control, Reckless Driving, Reckless Endangerment, Vehicular Homicide, Vehicular Assault, or Negligent Driving in the First Degree that was reduced from a DUI charge, or a deferred prosecution (whether or not successfully completed) that occurred with seven years from the date of the current charge. Out-of-state convictions that are equivalent to these Washington crimes are also "prior offenses." A "prior offense" is measured as an offense wherein the arrest occurred within seven years of the date of the arrest in the current case.
2. Breath Test or Refusal.
Generally speaking, mandatory minimum sentences are longer if a person refused to submit to the breath test. If a breath test was taken, mandatory minimum sentences are longer if the reading was .15 or higher.
No Prior Offenses - Did not refuse a breath test under .15
- Minimum Jail: 24 consecutive hours (one full day in jail)
- Minimum Fine: $866.50 ($350.00 plus costs and assessments)
- License Suspension: 90 day
- Ignition Interlock: One year Ignition Interlock License required
No prior offenses - refuse breath test or/and breath test over .15
- Minimum Jail: 48 consecutive hours (two full days in jail)
- Minimum Fine: $1,120.00 ($500.00 plus costs and assessments)
- License Suspension: One year revocation if took breath test; two year revocation if refused
- Ignition Interlock: One year Ignition Interlock License required
Work Release
Work release is an alternative to jail that allows you to work during the day and return to the corrections facility at night. You must be approved by your local corrections facility to participate in the work release program and you will be charged by the day for the service. In King County, you must be sentenced to at least 10 days of jail before you become eligible to apply for work release. In some situations, such as a Kirkland DUI, there is no option for work release. In other situations, such as a Seattle DUI, work release remains an option.
Electronic Home Monitoring
Electronic home monitoring is an alternative to jail time that allows you to serve your commitment in your home. You are permitted to go to work and to treatment programs, but must remain in your home at all other times. You will be charged by the day for this service.
If this is a first offense, you can request that the court convert your jail time to EHM at a rate of 15 days EHM to one day of jail. If this is a second or subsequent offense within seven years, however, the time must be served in a jail or corrections facility.
Ignition Interlock Device
A Washington State DUI ignition interlock device is a breath testing device is installed in your car. You must "pass" the test before the car will start. You are charged an installation fee and a monthly maintenance fee for the device. This device may be required for up to 10 years, depending upon the driving record.
Monitored Probation and Probation Fees
Monitored probation means that a probation officer will be assigned to your case and you will need to maintain regular contact with your probation officer for the length of your probation – up to 5 years. Also, if you are placed on probation, you will be required to pay probation fees, ranging on average from $50 to $75 per month.
During your contact with your probation officer, you may be required to submit to random urine and/or breath tests to determine if you have been consuming alcohol or using illegal drugs. In addition, the probation officer will be interested in your personal life, such as your employment status, your current residence and roommates, and may ask many personal questions about your lifestyle and habits.
Furthermore, in every Seattle DUI or Washington State DUI case, the court and your probation officer will want to know if you have a drinking or drug problem. As a result, you will be required to obtain an alcohol/drug assessment from a state certified chemical dependency agency, provide written proof of your alcohol assessment to the court and to your probation officer, and follow the recommended treatment plan, if any. This is legal and required by the court.
Finally, if you violate any of the conditions of your sentence or the law, your probation officer will schedule a review hearing before the court and will recommend to the court that you be punished further. This means that the court may impose more jail, fines, or restrictions on your life beyond the original sentence. Washington State DUI law also includes mandatory penalties that are imposed upon a probation violation. In specified cases, 30 days of confinement are required. In addition, if this is a second DUI conviction, the Interstate Compact for Adult Offender Supervision may prevent you from moving to another state without prior probation or court approval.
See the Washington State Court DUI Penalty Grid here.
Criminal Penalties are Separate from Administrative Penalties
A Seattle or Washington State DUI results in two ways your license can be suspended -- administratively by the DOL and independent of that, as the result of a conviction for a Seattle or Washington State DUI. Thus, it is critical to focus the resources of your DUI defense upon these two venues in order to save your license.
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