DUI Penalties

Seattle DUI Attorney Outlines Washington DUI Penalties

Highdriving

Seattle DUI Lawyer, Nate Webb, will explain to you that DUI is serious offense!  If you have been charged with a Washington State DUI, you need to take immediate action to safeguard your liberties. Your privilege to drive is also at stake and the DOL won't wait until you have been criminally charged to suspend. Contact Seattle DUI attorney, Nate Webb, today for a free DUI consultation or call us at (425) 398-4323.

 

The following link is where you can find the statutory mandatory penalties offenders face for a DUI conviction in Washington State RCW 46.61.5055.

Seattle DUI attorney, Nate Webb, outlines some of the mandatory DUI penalites you face if convicted in Washington State:

First DUI offense (no prior offenses as defined by RCW 46.61.5055 within the past 7 years from date of arrest):

  • One day jail for no breath test or BAC below .15 or 5.00 ng/mL of THC or more (the one day may be converted to 15 days EHM at the offender's expense or 90 days in 24/7 Sobriety program if available)
  • 90 day license suspension
  • Ignition interlock for one year
  • $350 fine plus costs and assessments
  • Alcohol Evaluation and Follow Up requirements
  • DUI Victim's Panel
  • Denial of Entry in Canada
  • One additional day in jail if any child under 16 years old was in the vehicle
  • Two days jail if BAC above .15 or Refusal to participate in breath or blood test (the two days may be converted to 30 days of EHM at the offender's expense or 120 days in 24/7 Sobriety program if available)
  • 1 year license suspension if BAC above .15
  • 2 year license suspension if Refusal conviction
  • Up to 5 years of probation

Second DUI offense (1 prior within 7 years):

  • 30 days jail for no breath test or BAC below .15 or 5.00 ng/mL of THC or more plus 60 days of EHM (EHM can be converted to 4 additional days of jail)
  • 45 days jail for a Refusal or BAC above .15 plus 90 days of EHM (EHM can be converted to 6 extra days jail)
  • 5 extra days of jail if passenger under 16 was in vehicle
  • 2 year license suspension for below .15 or THC case, 900 days license suspension for above .15 and 3 years license suspension for a Refusal conviction
  • Ignition interlock for 5 years
  • Minimum $500 fine plus costs and assessments for under .15
  • $750 minimum fine for above .15
  • Alcohol Evaluation and Follow Up requirements
  • DUI Victim's Panel
  • Denial of Entry in Canada

Third DUI offense (2 prior offenses within 7 years):

  • Breath Test below .15 or THC concentration of 5.00 ng/mL or more: = 90 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 120 days of Electronic Home Monitoring at violator's expense
  • 3 year license suspension
  • Not less than $1000 (plus other court costs and fees)
  • Ignition interlock requirement for 10 years
  • Up to 5 years probation
  • Alcohol assessment and follow-up treatment
  • Denial of entry into Canada by Canadian Consulate
  • Breath Test above .15 or Refusal of Breath or Blood test: = 120 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 150 days of Electronic Home Monitoring at violator's expense
  • 4 year license suspension (same for refusal)
  • Not less than $1500 (plus other court costs and fees)
  • Ignition interlock requirement for 10 years
  • Up to 5 years probation
  • Alcohol assessment and follow-up treatment
  • Denial of entry into Canada

Fourth and up: Felony penalties!

Also, be aware, that although marijuana consumption is now legal (as of December 6, 2012) there is a mandatory minimum penalty for conviction of a marijuana DUI if your blood test shows a concentration of 5.00 nanograms of THC or more.

On September 28, 2013, in addition to mandatory jail requirements for DUI convictions, the legislature imposed the following changes:

  • Repeat offenders, when arrested, will be booked and held in custody until they see a judge (prior offense within 10 years)
  • Repeat offenders (prior within 7 years) must install an ignition interlock device as a mandatory condition of pre-trial release within 5 days of being charged
  • No deferred sentences on DUIs or reduced pleas from DUI (Reckless Driving, Negligent Driving, Reckless Endangerment)
  • No employer-waiver exception for the first 30 days on a Restricted Driver's License and the first 365 days for a repeat offender
  • A person convicted of DUI has their vehicle subject to forfeiture

Contact Washington State DUI Lawyer, Nate Webb, today for a free DUI arrest consultation.

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Seattle DUI Lawyer, Nate Webb, is a repeatedly recognized DUI Super Lawyer practicing in courts throughout Washington State.

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