What is the criminal punishment if I am convicted of DUI?
THE MAXIMUM PENALTY FOR ALL DUI'S IS UP TO 365 DAYS IN JAIL AND/OR A FINE OF $5,000.00. MANDATORY LICENSE SUSPENSION AND ALCOHOL TREATMENT IS ALSO REQUIRED. THE MINIMUM PENALTIES ARE SET FORTH BELOW.
Minimum criminal penalties.
Category 1, RCW 46.61.5055 (1a)
1st offense within 7 years. Breath test below .15
Minimum penalties
- 1 day in jail or 15 days Electronic Home Monitoring (EHM)
- $866
- Probation fees $240 to $1000
- Alcohol assessment and treatment
- 90 day license suspension
- $150 reinstatement fee
- Mandatory probation provisions
- Probationary license for five years
- Ignition interlock is required for a minimum of one year
Category 2, RCW 46.61.5055 (1b)
1st offense within 7 years. Breath test .15 or above or refusal to take breath test
Minimum penalties
- 2 days in jail or 30 days Electronic Home Monitoring (EHM)
- $1,078.00 + $43 in fines
- License suspension of 1 year or (2 years if refusal)
- Alcohol assessment and treatment
- Mandatory probation provisions and penalties
- Probationary license for five years
- Ignition Interlock for 1 year
Category 3 RCW 46.61.5055 (2a)
Prior offense within 7 years. Breath test less than .15
Minimum penalties
- 30 days in jail + 60 days of Electronic Home Monitoring (EHM)
- 2 year license suspension
- $1,078.00 + $43 in fines
- Probation fees
- Alcohol assessment and treatment
- Mandatory probation provisions and penalties
- No occupational license
- Ignition Interlock
Category 4 RCW 46.61.5055 (2b)
Prior offense within 7 years. Breath test more than .15 or refusal to take test
Minimum penalties
- 45 days in jail + 90 days Electronic Home Monitoring (EHM)
- 2 year license suspension or 3 years with refusal
- $1503.00 + $43 in fines
- Probation fees
- Alcohol assessment and treatment
- Mandatory probation provisions and penalties
- No occupational license
- Ignition Interlock
Category 5 RCW 46.61.5055 (3a)
2 or more prior offenses within 7 years. Breath test less than .15
Minimum penalties
- 90 days in jail + 120 days Electronic Home Monitoring (EHM)
- 3 year license suspension
- $1928.00 + $43 in fines
- Probation fees
- Alcohol assessment and treatment
- Mandatory probation provisions and penalties
- No occupational license
- Ignition Interlock
Category 6 RCW 46.61.5052 (3b)
2 or more prior offenses within 7 years. Breath test .15 or more (or refusal)
Minimum penalties
- 120 days in jail + 150 days Electronic Home Monitoring (EHM)
- 4 year license suspension
- $2,778.00 + $43 in fines
- Probation fees
- Alcohol assessment and treatment
- Mandatory probation provisions and penalties
- No occupational license
- Ignition Interlock
Questions
- How do I pick a good DUI defense lawyer?
- What can a good DUI defense lawyer do for me?
- What do police officers look for when searching for drunk drivers on the highways?
- Do I have a right to a lawyer when I'm stopped by an officer and asked to take a field sobriety test?
- What is the officer looking for during the initial detention at the scene?
- Should I agree to take a breath test?
- Do I have a choice of chemical tests?
- The officer never gave me a Miranda warning: Can I get my case dismissed?
- What is the criminal punishment if I am convicted of DUI?
- What is a sentence "enhancement"?
- What is a deferred prosecution?
- What is an ignition interlock?
- What are the licensing consequences if I take the BAC test or refuse the test?
- Do I have the right to an Administrative Hearing before my license is suspended?
- Can I get a temporary license if I’m suspended?
