Questions About Your DUI?

Contact Us.

   First Name:

   Last Name:

   Phone Number:

   Email Address:

Questions/Comments:

Washington State's DUI Penalties

Experienced WA State Drunk Driving Attorneys

Serving all of King, Pierce and Snohomish Counties

The Law Offices of Jason S. Newcombe
Call now for a free consultation.
(206) 624-3644
(425) 455-2040
(253) 852-1661

Washington DUI Penalties and Mandatory Minimums
Washington's DUI laws are among the toughest in the country. If you are convicted of DUI in Washington State, you will at a minimum be sentenced to the following:

Mandatory Jail (All DUI Convictions have a mandatory jail sentence of at least one day - 24 hours)
Mandatory License Suspension (For a period of at least 90 days)
Mandatory Installation of an Ignition Interlock Device (For a period of at least one year)
Mandatory Drug and Alcohol Evaluation
Mandatory Drug and Alcohol Treatment pursuant to Evaluation Recommendations
Mandatory Attendance at a Victim Impact Panel
Mandatory Fines, Costs, Assessments, and Probation Fees (usually from $850.00 to $2,000.00

Your DUI conviction will also lead to significantly higher insurance problems and may be a serious impediment to future employment, particularly if you have a Commercial Driver's License (CDL) and drive for a living. Washington's DUI penalties are broken out into two categories based on your alleged Blood Alcohol Content (BAC) or whether you refused to take a blood or breath test. If your BAC was between .08 and .149, you fall into the lesser category of mandatory minimums. If your alleged BAC was .15 or higher, or if you refused to submit to a breath or blood test, you fall into the category of stiffer penalties.

The penalties you face are also directly related to whether or not this is your first offense. If this is your second or third offense within the last seven years, the mandatory minimum penalties increase dramatically. For additional information about your case and the specific mandatory minimum penalties that you are facing, please call our offices for a free consultation.

For more information about Washington State's mandatory minimum DUI sentencing guidelines, please see the grid below.

WASHINGTON STATE DUI SENTENCING GRID (1985 - PRESENT)

Violation Date	Additional Sentencing Criteria	Mandatory Minimum Jail and Ignition Interlock Device (IID)*	Mandatory Min. Fine (includes ALL assessments)**	Mandatory Driver’s License Susp/Rev***
July 24, 2005 to Present
No Prior Offenses (within 7 years)	BAC < .15 or No Test Result	24 Hours OR 15 days EHM; DOL shall require IID	$866	90 Days
No Prior Offenses (within 7 years)	BAC = > .15 or Refusal	2 Days OR 30 days EHM; DOL shall require IID	$1,121	1 Year (2 Years)****
One Prior Offense	BAC < .15 or No Test Result	30 Days AND 60 days EHM; DOL shall require IID	$1,121	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days AND 90 days EHM; DOL shall require IID	$1,546	900 Days (3 Years)****
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days AND 120 days EHM; DOL shall require IID	$1,971	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days AND 150 days EHM; DOL shall require IID	$2,821	4 Years
6/10/2004 to 7/24/2005
No Prior Offenses (within 7 years)	BAC < .15 or No Test Result	24 Hours OR 15 days EHM; DOL shall require IID	$823	90 Days
No Prior Offenses (within 7 years)	BAC = > .15 or Refusal	2 Days OR 30 days EHM; DOL shall require IID	$1,078	1 Year (2 Years)****
One Prior Offense	BAC < .15 or No Test Result	30 Days AND 60 days EHM; DOL shall require IID	$1,078	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days AND 90 days EHM; DOL shall require IID	$1,503	2 Years (3 Years)****
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days AND 120 days EHM; DOL shall require IID	$1,928	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days AND 150 days EHM; DOL shall require IID	$2,778	4 Years
7/27/2003 to 6/10/2004
No Prior Offenses (within 7 years)	BAC < .15 or No Test Result	24 Hours OR 15 days EHM; IID length at discretion of the court	$823	90 Days
No Prior Offenses (within 7 years)	BAC = > .15 or Refusal	2 Days OR 30 days EHM; IID mandatory not less than 1 year*	$1,078	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days AND 60 days EHM; IID mandatory, not less than 1 year*	$1,078	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days AND 90 days EHM; IID mandatory, not less than 1 year*	$1,503	900 Days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days AND 120 days EHM; IID mandatory, not less than 1 year*	$1,928	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days AND 150 days EHM; IID mandatory, not less than 1 year*	$2,778	4 Years
7/22/2001 to 7/27/2003
No Prior Offenses (within 7 years)	BAC < .15 or No Test Result	24 Hours OR 15 days EHM; IID length at discretion of the court	$765	90 Days
No Prior Offenses (within 7 years)	BAC = > .15 or Refusal	2 Days OR 30 days EHM; IID mandatory not less than 1 year*	$1005	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days AND 60 days EHM; IID mandatory, not less than 1 year*	$1005	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days AND 90 days EHM; IID mandatory, not less than 1 year*	$1,405	900 Days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days AND 120 days EHM; IID mandatory, not less than 1 year*	$1,805	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days AND 150 days EHM; IID mandatory, not less than 1 year*	$2,605	4 Years
1/1/1999 to 7/21/2001 *(0.08 presumptive level & Administrative License Suspension on First Incident)*
No Prior Offenses (within 7 years)	BAC < .15 or No Test Result	24 Hours OR 15 days EHM; IID length at discretion of the court	$685	90 Days
No Prior Offenses (within 7 years)	BAC = > .15 or Refusal	2 Days OR 30 days EHM; IID mandatory not less than 1 year*	$925	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days AND 60 days EHM; IID mandatory, not less than 1 year*	$925	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days AND 90 days EHM; IID mandatory, not less than 1 year*	$1,325	900 Days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days AND 120 days EHM; IID mandatory, not less than 1 year*	$1,725	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days AND 150 days EHM; IID mandatory, not less than 1 year*	$2,525	4 Years

EHM Electronic Home Monitoring

* Ignition Interlock Device (IID): For a person previously ordered to install ignition interlock under former RCW 46.20.720(3)(a) not less than 5 years, for a person previously ordered to install ignition interlock under former RCW 46.20.720(3)(b) not less than 10 years. Effective June 10, 2004, DOL shall require after any alcohol related violation of RCW 46.61.502 , 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. RCW 46.20.720. Mandatory 60 days if passenger under age 16 was in vehicle.

** Does not include probation, jail, ignition interlock, indigent defense, court or other recoverable costs.

*** Does not include a separate administrative (as opposed to criminal) license suspension period that may be imposed by the Department of Licensing.

**** Chapter 95, Laws 2004

Violation Date	Additional Sentencing Criteria	Mandatory Minimum Jail and Ignition Interlock Device (IID)*	Mandatory Min. Fine (includes ALL assessments)**	Mandatory Driver’s License Susp/ Revocation***
6/11/1998 to 12/31/1998
No Prior Offenses (within 5 years)	BAC < .15 or No Test Result	24 Hours OR 15 days Elec. Home Monitoring	$685	90 Days
No Prior Offenses (within 5 years)	BAC = > .15 or Refusal	2 Days OR 30 days Elec. Home Monitoring	$925	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days	$925	2 Years
One Prior Offense	BAC = > .15 Refusal	45 Days	$1,325	900 days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days	$1,725	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days	$2,525	4 Years
1/1/1998 to 6/10/1998
No Prior Offenses (within 5 years)	BAC < .15 or No Test Result	24 Hours	$685	90 Days
No Prior Offenses (within 5 years)	BAC = > .15 or Refusal	2 Days	$925	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days	$925	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days	$1,325	900 Days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days	$1,725	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days	$2,525	4 Years
9/1/1995 to 12/31/1997
No Prior Offenses (within 5 years)	BAC < .15 or No Test Result	24 Hours	$685	90 Days
No Prior Offenses (within 5 years)	BAC = > .15 or Refusal	2 Days	$925	1 Year
One Prior Offense	BAC < .15 or No Test Result	30 Days	$925	2 Years
One Prior Offense	BAC = > .15 or Refusal	45 Days	$1,325	900 Days
Two or More Prior Offenses	BAC < .15 or No Test Result	90 Days	$1,725	3 Years
Two or More Prior Offenses	BAC = > .15 or Refusal	120 Days	$2,525	4 Years
7/9/1994 to 8/30/1995
No Prior Offenses (within 5 years)	BAC < .15 or No Test Result	24 Hours	$685	90 Days
No Prior Offenses (within 5 years)	BAC = > .15 or Refusal	48 Hours	$925	120 Days
Probationary Driver’s License Status	BAC < .15 (statute fails to address no test result in this situation)	30 Days	$925	1 Year
Probationary Driver’s License Status	BAC = > .15 or Refusal	45 Days	$1,325	450 Days
One or More Prior Offenses OR Driver’s License in Suspended or Revoked Status	Includes all BAC results,No Test Result and Refusal	90 Days	$1,325	2 Years

7/25/1993 to 7/8/1994
No Prior Offenses (within 5 years)		24 Hours	$525	90 Days
One or More Prior Offenses		7 Days	$925	1 Year
One or More Prior Offenses	With a Suspended or Revoked Driver’s License	90 Days	$320	1 Year (2 Years on 3^rd Conviction)
1985 to 7/24/1993
No Prior Offenses (within 5 years)		24 Hours	$400	90 Days
One or More Prior Offenses		7 Days	$800	1 Year
One or More Prior Offenses	With a Suspended or Revoked Driver’s License	90 Days	$320	1 Year (2 Years on 3^rd Conviction)

EHM Electronic Home Monitoring

** Does not include probation, jail, ignition interlock, indigent defense, court or other recoverable costs.

*** Does not include a separate administrative (as opposed to criminal) license suspension period that may be imposed by the Department of Licensing.

**** Chapter 95, Laws 2004

1. Prior offenses are determined by looking back seven years from current arrest date. Convictions for Vehicular Homicide, Vehicular Assault, DUI, Physical Control, and Deferred Prosecutions count as priors. Reckless Endangerment, Reckless Driving, and Negligent Driving 1st Degree convictions will count if they were amended from an original charge of DUI or Physical Control.

2.Ignition Interlock Device is required for 1 year upon first request, 5 years upon second request, and 10 years for third request.

3. The amount does not include, State assessments, Title 46 tax, and BAC fee. The Court has discretion to impose additional tax, monitoring fees, and assessments. The Court will also impose probation monitoring costs. Expect the total monetary amount to be between $1,500.00 up to $3,000.00.

4. Electronic Home Monitoring (EHM) is house arrest. You are fitted with an ankle device which allows you to be monitored at a specific location for up to 24 hours a day using regular telephone lines. You are required to stay within a specified distance to the receiver/sending unit during prescribed times. EHM is monitored via your home telephone line. You bear the costs of EHM.

Requirements for Getting Your License Back

Washington State Department of Licensing Suspension and Revocation Requirements

If your license was suspended by the Washington State Department of Licensing pursuant to a DUI arrest or a DUI conviction, you will be required to do the following in order to have your driving privileges reinstated.

Obtain and maintain an SR-22 Insurance Policy for 3 years (this is a high-risk policy)
Pay a re-issuance fee of $15

If your license was revoked by the Washington State Department of Licensing pursuant to a WA DUI arrest or a WA DUI conviction, you will be required to do the following in order to have your driving privileges reinstated.

Obtain and maintain an SR-22 Insurance Policy for 3 years (this is a high-risk policy)
Pay a re-issuance fee of $15
Pass a Driver's Ability Test