BAC Result > .15 or

Test Refusal

No Prior Offense
One Prior Offense

Two or Three Prior

Offenses

Mandatory Minimum/

Maximum Jail Time

48 Consecutive Hours

364 Days

45 days

364 days

120 Days

364 Days

If Passenger Under 16

Mandatory Jail

Additional 24 HoursAdditional 5 DaysAdditional 10 Days

Electronic Home Monitoring

Jail Alternative

30 Days in Lieu of Jail

90 Days Days Mandatory or

6 Days Jail Minimum

150 Days Mandatory or

10 Days Jail Minimum

Mandatory Minimum Fine

Maximum Fine

$1,195.50

$5000

$1,620.50

$5000

$2,895.50

$5000

If Passenger Under 16

additonal Fine Minimum

Maximum Fine

$1000

$5000

$1000/$2000

$5000

$1000/$3000

$5000

Driver's License

1-Year Revocation

2-Years if BAC Refusal

900-Days Revocation

3-Years if BAC Refusal

4-Year Revocation

II Driver's License

II Device

DOL ImposedDOL ImposedDOL Imposed
24/7 Sobriety ProgramAs OrderedAs OrderedAs Ordered

Alcohol/Drug Education/ Victim Panel/

Treatment

As OrderedAs OrderedAs Ordered

Expanded Alcohol Assessment/

Treatment

N/AN/AN/A





​In Washington, usually a Driving Under the Influence charge (DUI) is filed as a Gross Misdemeanor.

However, if a person has multiple convictions for DUI within the last 10 years or has a prior alcohol related Vehicular Assault or Vehicular Homicide, a new DUI may be charged as a Felony.


 


BAC Result < .15 or

No Test Result

No Prior Offense
One Prior Offense

Two or Three Prior

Offenses

Mandatory Minimum/

Maximum Jail Time

24 Consecutive Hours

364 Days

30 days

364 days

90 Days

364 Days

If Passenger Under 16

Mandatory Jail

Additional 24 HoursAdditional 5 DaysAdditional 10 Days

Electronic Home Monitoring

Jail Alternative

15 Days in Lieu of Jail

60 Days Days Mandatory or

4 Days Jail Minimum

120 Days Mandatory or

8 Days Jail Minimum

Mandatory Minimum Fine

Maximum Fine

$940.50

$5000

$1,195.50

$5000

$2045.50

$5000

If Passenger Under 16

additonal Fine Minimum

Maximum Fine

$1000

$5000

$1000/$2000

$5000

$1000/$3000

$5000

Driver's License90-Day Suspension2-Year Revocation3-Year Revocation

II Driver's License

II Device

DOL ImposedDOL ImposedDOL Imposed
24/7 Sobriety ProgramAs OrderedAs OrderedAs Ordered

Alcohol/Drug Education/ Victim Panel/

Treatment

As OrderedAs OrderedAs Ordered

Expanded Alcohol Assessment/

Treatment

N/AN/AN/A





DUI Penalties When you have Two or Three Prior

Convictions Within the Past 7 Years

One Prior Conviction of DUI within 7 years and BAC less than .15 or No Test*

  • Minimum jail time of 30 days in jail*
  • Maximum jail Time of 364 days in jail
  • Minimum Electronic Home Monitoring of 60 days (or 4 additional days minimum jail time)
  • ​Fines and Court Fees of 1196 to $5000
  • Minimum License Suspension of 2 years
  • Required to only drive a vehicle equipped with an Interlock Ignition Device for 5 years post suspension
  • Under the jurisdiction of the Court for up to 5 years

*Penalties can be substantially increased if there was a passenger in the vehicle at the time of arrest who was under the age of 16 years old

One Prior Conviction of DUI within 7 years and BAC more than .15 or you Refused to take the BAC*

  • Minimum jail time of 45 days in jail*
  • Maximum jail time of 364 days in jail
  • Minimum Electronic Home Monitoring of 90 days (or 6 additional days minimum jail time)
  • Fines and Court Fees of $1621 to $5000
  • Minimum License Suspension of 900 days
  • Required to only drive a vehicle equipped with an Interlock Ignition Device for 5 years post suspension
  • Under the jurisdiction of the Court for up to 5 years

*Penalties can be substantially increased if there was a passenger in the vehicle at the time of arrest who was under the age of 16 years old

No Prior Conviction of DUI and BAC less than .15 or no test result*

  • Minimum jail time of 24 hours consecutively or 15 days Electronic Home Monitoring**
  • Maximum jail time of 364 days in jail
  • Fines and Court Fees of $941 to $5000
  • Mimimum License Suspension of 90 days
  • Required to only drive a vehicle equipped with Interlock Ignition Device for 12 months post suspension
  • Under the jurisdiction of the sentencing court up to 5 years

*Penaties can be substantially increased if there was a passenger in the vehicle at the time of the arrest who was under the age of 16 years old

**Electronic home monitoring is discretionary by the court and seldom granted absent some medical or otherwise proven hardship in lieu of jail time

No Prior Convictions of DUI and BAC more than .15 or you Refused to take the BAC*

  • Minimum jail time of 48 hours consecutively or 30 days of Electronic Home Monitoring**
  • Maximum jail time of 364 days in jail
  • ​Fines and Court Fees of $1196 to $5000
  • Minimum Licence Suspension of 1 year if BAC over .15;  years if BAC refused
  • Required to only drive a vehicle equipped with an Interlock Ignition Device for 12 months post suspension
  • Under the jurisdiction of the sentencing court up to 5 years

*Penaties can be substantially increased if there was a passenger in the vehicle at the time of the arrest who was under the age of 16 years old

**Electronic home monitoring is discretionary by the court and seldom granted absent some medical or otherwise proven hardship in lieu of jail time


DUI Penalties When you Have NO PRIOR DUI

in the Past 7 Years

Two or Three Prior DUI Convictions within 7 years and BAC less than .15 or No Test*

  • Minimum jail time of 90 days in jail*
  • Maximum jail time of 364 days in jail
  • Minimum Electronic Home Monitoring of 120 days (or 8 additional days minimum jail time)
  • Fines and Court Fees of $2046 to $5000
  • Minimum License Suspension of 3 years
  • Required to only drive a vehicle equipped with an Interlock Ignition Device for 10 years post suspension 
  • Under the jurisdiction of the Court for up to 5 years

*Penalties can be substantially increased if there was a passenger in the vehicle at the time of the arrest who was under the age of 16 years old

Two or Three Prior DUI's within 7 years and BAC more than .15 or you Refused to take the BAC*

  • Minimum jail time of 120 days in jail*
  • Maximum jail time of 364 days in jail
  • Minimum Electronic Home Monitoring of 150 days (or 10 additional days minimum jail time)
  • Fines and Court Fees of $2896 to $5000
  • Minimum License Suspension of 4 years
  • Required to only drive a vehicle equipped with an Interlock Ignition Device for 10 years post suspension
  • Under the jurisdiction of the Court for up to 5 years

*Penalties can be substantially increased if there was a passenger in the vehicle at the time of the arrest who was under the age of 16 years old


Washington State DUI Conviction Penalties

Accident, Injury and DUI Law Office

Cynthia Macklin   Attorney at Law

253-566-0808


DUI Penalties When you have ONE PRIOR DUI 

Conviction Within the Past 7 Years

Misdemeanor DUI
A Gross Misdemeanor carries up to a sentence of 364 days in jail and a $5000 fine.
Felony DUI
A Felony DUI is a Class C Felony which carries up to a sentence of 5 years in prison and up to a $10,000 fine.

Minimum Jail Time Required 

All DUI Convictions require the Judge to impose a minimum amount of jail time and fine. The minimum jail time will be determined several factors:


  • How many, if any, DUI convictions there has been in the past 7 years
  • Whether you refused to take the Breath Test (BAC)
  • What level your BAC was if you did take the BAC
  • Whether there were passengers under 16 in the vehicle at the time of arrest