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Washington DUI Penalties

A Seattle DUI or Washington State DUI arrest is a serious offense. If you have been arrested for DUI, you need to take immediate action to protect your rights. RCW 46.61.5055 highlights the mandatory minimum penalties for DUI in Washington State. The following outline provides a general summary of your potential consequences for a DUI conviction.

If it’s your 1st DUI offense within 7 years and your BAC (breath test reading) is below .15:

  • 1 day in jail (which may be converted to 15 days of Electronic Home Monitoring)
  • Ignition Interlock requirement for 1 year
  • License suspension for 90 days
  • Minimum $866 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 1st DUI offense within 7 years and your BAC is above.15, or you refused to take the BAC:

  • 2 days in jail (which may be converted to 30 days of Electronic Home Monitoring)
  • Ignition Interlock requirement for 1 year
  • License suspension for 1 year (2 years if you refused to take the BAC)
  • Minimum $1,121 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 2nd DUI offense within 7 years and your BAC is below .15:

  • 30 days in jail and 60 days of Electronic Home Monitoring
  • Ignition Interlock requirement for 5 years
  • License suspension for 2 years
  • Minimum $1,121 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 2nd DUI offense within 7 years and your BAC is above.15, or you refused to take the BAC:

  • 45 days in jail and 90 days of Electronic Home Monitoring
  • Ignition Interlock requirement for 5 years
  • License suspension for 900 days (3 years if you refused to take the BAC)
  • Minimum $1,121 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 3rd or 4th DUI offense within 7 years and your BAC is below .15:

  • 90 days in jail and 120 days of Electronic Home Monitoring
  • Ignition Interlock requirement for 10 years
  • License suspension for 3 years
  • Minimum $1,971 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 3rd or 4th DUI offense within 7 years and your BAC is above.15, or you refused to take the BAC:

  • 120 days in jail and 150 days of Electronic Home Monitoring
  • Ignition Interlock requirement for 10 years
  • License suspension for 4 years (same for refusal)
  • Minimum $1971 in fines, fees, and court costs
  • Alcohol evaluation (at a state-certified agency) and any recommended follow-up treatment
  • Up to 5 years probation
  • Requirement to carry SR-22 (high-risk) insurance

If it’s your 5th DUI offense within ten years (regardless of BAC):

  • Felony penalties apply

Aggravating factors that can lead to a more severe sentence:

  • Presence of minor children in the vehicle
  • Involvement in an accident
  • Total number of criminal convictions on your record
  • Whether you pose a risk to the community

Be advised that this outline summarizes the mandatory minimum penalties for a DUI offense. If you’re convicted of a misdemeanor DUI, the Court can impose a maximum penalty of up to 1 year in jail and up to a $5,000 fine. The Court will evaluate the totality of your arrest, as well as your overall criminal history when deciding what sentence to impose. It would be unusual for a Court to impose the maximum penalty in a standard DUI case, though it is within the Judge’s discretion to do so. It’s crucial that you have an experienced and aggressive DUI attorney handling your case. Gagner Law will help make sure you spend as little time in jail as possible for your mistake. Call us today for a free one-hour consultation.

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