Understanding the consequences of a DUI conviction and how an experienced attorney can help minimize the impact on your life.
Free Case EvaluationDUI is classified as a gross misdemeanor. The maximum punishment is 364 days in jail and a $5,000.00 fine. Upon conviction for Washington DUI, there are mandatory punishment penalties that the court must impose, even for first-time offenders with no prior DUI convictions. While the court always retains the ability to impose more than the minimum, if convicted of DUI the court has no discretion when sentencing below the mandatory punishment established by statute.
Mandatory Minimums Cannot Be Waived
Even for first-time offenders, Washington courts must impose mandatory minimum penalties for DUI convictions. Judges have no discretion to sentence below these minimums, making experienced legal representation critical to achieving the best possible outcome.
Under the sentencing scheme of Washington's DUI law, mandatory minimums are determined by whether you have "priors" within 7 years. A "prior offense" means a conviction for any of the following:
Deferred Prosecution Still Counts as a Prior
Many people who enter a deferred prosecution and successfully complete the program are unaware that this falls within the definition of a prior offense. A deferred prosecution counts as a prior if the charge was originally filed as DUI (RCW 46.61.502), Physical Control (RCW 46.61.504), Vehicular Homicide while DUI (RCW 46.61.520), or Vehicular Assault while DUI (RCW 46.61.522) — even if the deferred was for Negligent Driving First Degree.
In exercising discretion in setting penalties within the mandatory minimums and maximum limits allowed, the court is required to "particularly consider" whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property, and whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers.
If you have no prior DUI-related convictions and a breath test under .15, the court MUST impose:
If you have no prior DUI-related convictions and a breath test over .15 (or you refused), the court MUST impose:
If you have 1 prior DUI-related conviction and a breath test under .15, the court MUST impose:
If you have 1 prior DUI-related conviction and a breath test above .15 (or you refused), the court MUST impose:
If you have 2 prior DUI-related convictions and a breath test under .15, the court MUST impose:
If you have 2 prior DUI-related convictions and a breath test above .15 (or you refused), the court MUST impose:
| Priors | BAC Level | Jail | EHM | Fine & Fees | License Revocation |
|---|---|---|---|---|---|
| 0 | Under .15 | 24 hours | — | $941 | 90 days |
| 0 | .15+ / Refusal | 48 hours | — | $1,196 | 365 days / 2 yrs (refusal) |
| 1 | Under .15 | 30 days | 60 days | $1,196 | 2 years |
| 1 | .15+ / Refusal | 45 days | 90 days | $1,546 | 900 days / 3 yrs (refusal) |
| 2 | Under .15 | 90 days | 120 days | $1,970 | 3 years |
| 2 | .15+ / Refusal | 120 days | 150 days | $2,821 | 4 years |
In addition to the strict penalties outlined above, the court will order compliance with additional mandatory conditions of sentence or probation:
Probation Violations Carry Severe Consequences
For each and any violation of these 3 mandatory probation conditions, the court shall order 30 days of confinement, which cannot be suspended or deferred. For example, if you are on DUI probation and are convicted of a new DUI where you drove without a valid license, provided a breath sample in the field, and then refused at the station, you would be required to serve an additional 90 days in jail on top of your new DUI sentence. Your license suspension or revocation would also be extended by 30 days for each violation.
If you are convicted of DUI or Physical Control and there is evidence that a passenger under the age of sixteen was in the vehicle, the court shall order the following minimum fines in addition to other penalties:
| Offense | Minimum Fine | Additional IID |
|---|---|---|
| First offense | $1,000 | 6 months beyond mandatory period |
| Second offense | $2,000 | 6 months beyond mandatory period |
| Third offense | $3,000 | 6 months beyond mandatory period |
Upon being arrested for DUI with a child under age 16, law enforcement must make a clear notation and promptly notify child protective services whenever a child is present in a vehicle being driven by a parent, guardian, legal custodian, sibling, or half-sibling who is being arrested for a drug or alcohol-related driving offense. An arrest for DUI is frightening enough, but if a child is in the car at the time of arrest, a routine DUI arrest becomes a parental nightmare.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call today at (360) 334-6277 to schedule an immediate confidential consultation.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.