Washington State Criminal DUI Penalties

Driving Under the Influence refers to operating a motor vehicle or being in physical control of a vehicle while affected by alcohol, drugs, or both. This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs.

The offense of Driving Under the Influence or Physical Control of a Vehicle Under the Influence is classified as a gross misdemeanor. All gross misdemeanors, including DUI, have up to a maximum sentence of 365 days in jail and up to $5,000 fine. A DUI conviction or plea carries a mandatory minimum sentence requirement. The minimum sentence requirement prevents judges from going below the mandatory minimum sentence as established by the WA Legislature. These mandatory minimum sentences are based on the following specific factors: number of prior DUI offenses within the last seven years, breath test results, or refusal of breath test.

Below we have provided an explanation of the DUI penalty scheme. While we try to keep these pages updated, the information is provided only as a guideline. For a proper evaluation of your case, please contact us for a free consultation.

First DUI Offense - No prior DUI offense in the last 7 years:

Breath Test Under .15%

Jail: 1 day in jail minimum OR 15 days Electronic Home Detention
Fine: $866 total minimum fine w/ statutory assessment
License Suspension: 90 day license suspension
SR-22 Insurance: 3 years
Probationary License: for 5 years after reinstatement of license
Probation: Monitoring by the court for up to 5 years
Ignition Interlock: As required by the DOL for a minimum of 1 year
Alcohol Evaluation and any recommended treatment

Breath Test .15% or Higher Or Refusal to Take Breath Test

Jail: 2 days in jail minimum OR 30 days Electronic Home Detention
Fine: $1,121 total minimum fine w/ statutory assessment
License Revocation: 1 year license revocation for breath test over .15%; 2 year revocation if refusal of breath test
SR-22 Insurance: 3 years
Probationary License: for 5 years after reinstatement of license
Probation: Monitoring by the court for up to 5 years
Ignition Interlock: As required by the DOL for a minimum of 1 year
Alcohol Evaluation and any recommended treatment

Second DUI Offense - One prior DUI offense in the last 7 years:

Breath Test Under .15%

Jail: 30 days in jail minimum PLUS 60 days Electronic Home Detention
Fine: $1,121 total minimum fine w/ statutory assessment
License Revocation: 2 year license revocation
SR-22 Insurance: 3 years
Probationary License: for 5 years after reinstatement of license
Probation: Monitoring by court for up to 5 years
Ignition Interlock: As required by the DOL for a minimum of 1 year, up to 5 years
Alcohol Evaluation and any recommended treatment

Breath Test .15% or Higher Or Refusal To Take Breath Test

Jail: 45 days in jail minimum PLUS 90 days Electronic Home Detention
Fine: $1,546 total minimum fine w/ statutory assessment
License Revocation: 2 year License revocation for breath test over .15%; 3 year revocation if refusal
SR-22 Insurance: 3 years
Probationary License: for 5 years after reinstatement of license
Probation: Monitoring by the court for up to 5 years
Ignition Interlock: As required by the DOL for a minimum of 1 year, up to 5 years
Alcohol Evaluation and recommended treatment

Third DUI Offense - Two prior DUI offenses in the last 7 years:

Breath Test Under .15%

Jail: 90 days in jail minimum PLUS 120 days Electronic Home Detention
Fine: $1,971 total minimum fine w/ statutory assessment
License Revocation: 3 year license revocation
SR-22 Insurance: 3 years
Probationary license: for 5 years after reinstatement
Probation: monitoring by the court for up to 5 years
Ignition Interlock: As required by the DOL for a minimum of 1 year, up to 10 years
Alcohol Evaluation and any recommended treatment

Breath Test .15% or Higher Or Refusal To Take Breath Test

Jail: 120 days in jail minimum PLUS 150 days Electronic Home Detention
Fine: $2,821 total minimum fine w/ statutory assessment
License Revocation: 4 year license revocation
SR-22 Insurance: 3 years
Probationary License: for 5 years after reinstatement of license
Probation: Monitoring by the court for up to 5 years
Ignition interlock: As required by the DOL for a minimum of 1 year, up to 10 years
Alcohol Evaluation and any recommended treatment

PENALTIES AND PROCESS

The offense of Driving Under the Influence is classified as a gross misdemeanor. The mandatory minimum sentence guide for a DUI conviction is:

First DUI Offense within the last 7 years
Second DUI Offense within the last 7 years
Third DUI Offense within the last 7 years