Washington DUI Penalties
A large part of Kevin's practice is dedicated to defending people charged with Driving Under the Influence. Many people are shocked to learn how harsh the criminal and civil penalties for a DUI conviction are. But as you read on, remember you can avoid many of these penalties if your attorney is successful in your defense.
With the decision by the state in 1999 to lower the legal driving limit to .08, Washington's DUI criminal penalties are today among the stiffest in the nation. Over 30,000 people are charged with DUI in Washington every year. Those convicted face mandatory jail penalties of up to four months, mandatory license suspensions of up to four years, and the costly installation of vehicle ignition interlock devices in their cars. Additionally, a judge is likely to require an alcohol evaluation and treatment, participation in DUI victims' panel and high-risk insurance. DUI convictions are permanent and can never be “vacated” from one's record like most crimes. These penalties can result not only in the loss of liberty, but also interfere with your ability to work and live up to family responsibilities. With so much at stake, it's essential that you be defended vigorously against this charge.
This information is designed only to provide general legal information about the criminal process. This information is not legal advice addressing a client's specific legal concerns. We need to speak with you to provide that. Please call us or a reputable DUI criminal defense attorney.
Criminal Penalties
Potential criminal penalties include mandatory jail, fines, license suspension for at least ninety days, ignition interlock on your car, an alcohol evaluation and treatment, and attendance of a DUI victims panel and high risk insurance.
Please use the chart below to see what the mandatory penalties are in your case, which vary in severity depending on your prior driving record. But remember that the prosecutor and the Department of Licensing have to prove numerous things before any of these penalties apply.
CRIMINAL DUI PENALTIES
District or Municipal Court Dispositions and Penalties
(within 7 years means that arrest for prior offense occurred within 7 years of arrest for current charges)
DUI – 1ST CONVICTION IN 7 YEARS
| Offense | Penalty | License Action |
|---|---|---|
| BAC < .15 or No BAC | Jail: 1-364 days (or 15 days EHM allowed) Fine: $866-$5000 Interlock: Required |
90 day suspension |
| BAC ≥ .15 or refusal | Jail: 2-364 days (or 30 days EHM allowed) Fine: $1121-$5000 Interlock: Required |
1 year revocation for BAC over .15 2 year revocation for refusal |
DUI – 2ND CONVICTION IN 7 YEARS
| Offense | Penalty | License Action |
|---|---|---|
| BAC < .15 | Jail: 30-364 days & 60 days EHM Fine: $1121-$5000 Interlock: 1 year minimum |
2 year license revocation |
| BAC ≥ .15 or refusal | Jail: 45-364 days & 90 days EHM Fine: $1546-$5000 Interlock: 1 year minimum |
2.5 year revocation for BAC over .15 3 year revocation for refusal |
DUI – 3RD CONVICTION IN 7 YEARS
| Offense | Penalty | License Action |
|---|---|---|
| BAC < .15 | Jail: 90-364 days & 120 days EHM Fine: $1971-$5000 Interlock: 1 year minimum |
3 year license revocation |
| BAC > .15 or refusal | Jail: 120-364 days & 150 days EHM Fine: $2821-$5000 Interlock: 1 year minimum |
4 year license revocation |
RECKLESS DRIVING
| Offense | Penalty | License Action |
|---|---|---|
| Reckless Driving | Jail: 0-364 days Fine: $0-$5000 |
30 day license suspension |
NEGLIGENT DRIVING 1ST DEGREE
| Offense | Penalty | License Action |
|---|---|---|
| Neg 1 | Jail: 0-90 days Fine: $0-$1000 |
None |
MINOR DUI—BAC ≥ .02
| Offense | Penalty | License Action |
|---|---|---|
| Minor DUI | Jail: 0-90 days Fine: $0-$1000 |
None |
DEFERRED PROSECUTION REQUIREMENT:
Based on alcohol, drugs or mental health
| Deferred Prosecution | Jail: 0 days Fine: 0 Interlock: 1 year minimum Probation costs: $25-$50/month |
None |
HOW IT WORKS:
2 year treatment program, case dismissed after 5 years.
REQUIREMENTS FOR GETTING LICENSE BACK
Court Suspensions and Revocations
| License Suspended | License Revoked |
|---|---|
| SR-22 insurance for 3 years $150 re-issue fee Alcohol evaluation & follow-up treatment Minimum alcohol information school |
SR-22 insurance for 3 years $150 re-issue fee Pass Driver's Ability Test Alcohol Evaluation & follow-up treatment Minimum alcohol information school |
Civil Penalties
Civil penalties imposed by the state Department of Licensing include license suspension or revocation and a requirement for SR 22 high-risk insurance.
CIVIL DUI PENALTIES
Department of Licensing Administrative Sanctions
| Offense | First Offense License Action | Second Offense License Action |
|---|---|---|
| BAC ≥ .08 | 90 day suspension (Occupational License OK after 30 days) |
2 year license revocation |
| Refusal | 1st in 7 years & no prior admin. action in 7 years: 1 year license revocation |
≥ 2nd in 7 years or 1st & at least 1 admin. action in 7 years: 2 year license revocation (or until 21, whichever longer) |
| Minor BAC ≥ .02 | 1st in 7 years: 90 day suspension |
≥ 2nd in 7 years: 1 year license revocation |
REQUIREMENTS FOR GETTING LICENSE BACK
Court Suspensions and Revocations
| License Suspended | License Revoked |
|---|---|
| SR-22 insurance for 3 years $150 re-issue fee |
SR-22 insurance for 3 years $150 re-issue fee Pass Driver's Ability Test |
High Risk Insurance (SR-22)
If the Department of Licensing suspends your license, you will be required to carry SR-22 high-risk insurance for the three years after your license is reinstated. Clients are often worried about how much their rates will go up, and the answer depends on your driving record. It is important to shop around to find the best rate.
Pulled Over: Do's & Don'ts
No one plans to get pulled over for driving under the influence, so don't feel that you made a terrible mistake if you didn't follow the guidelines below. But for future reference, here are the rules of the road.
When you are pulled over:
| DO: |
|
| DON'T: |
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