WASHINGTON DUI PENALTIES

In the State of Washington the criminal charge of DUI is classified as a gross misdemeanor. All crimes in Washington are defined by what the maximum possible penalty a judge could impose for each individual crime. All gross misdemeanors, which include DUI, have maximum penalties of one year in jail and a fine of $5,000.00. Some crimes in Washington also have mandatory minimum penalties which prohibit the judges from going lower than predetermined penalties if someone is convicted of such an offense. These mandatory minimum penalties are laid out by the legislature and are based on certain factors. For example, the factors that are taken into consideration when determining mandatory minimum Washington DUI penalties include: the number of prior DUIs or like offenses in the last seven years and whether or not the individual took the breath test and what those results were or if they refused to take the breath test. The following chart lays out the mandatory minimum Washington DUI penalties based on these factors *.

(*This chart should only be used as a guideline for the possible Washington DUI penalties that could be imposed by a judge if there is a conviction for a Washington DUI offense.)

FIRST DUI OFFENSE / NO PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breath Test Under .15%
Or
No Breath Test but Not a Refusal

  • One day in jail minimum OR 15 days Electronic Home Detention
  • $866 total minimum fine w/ statutory assessment
  • 90 day license suspension
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year
  • Alcohol evaluation and treatment as determined by the court

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

  • Two days in jail minimum OR 30 days Electronic Home Detention
  • $1121 total minimum fine w/ statutory assessment
  • 1 year license revocation for breath test over .15;
    2 year revocation if refusal
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year
  • Alcohol evaluation and treatment as determined by the court

SECOND DUI OFFENSE / ONE PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breath Test Under .15%
Or
No Breath Test but Not A Refusal

  • 30 days in jail minimum PLUS 60 days Electronic Home Detention
  • $1121 total minimum fine w/ statutory assessment
  • 2 year license revocation
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year, up to 5 years
  • Alcohol evaluation and treatment as determined by the court (up to two years)

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

  • 45 days in jail minimum PLUS 90 days Electronic Home Detention
  • $1,546 total minimum fine w/ statutory assessment
  • 2 year license revocation for breath test over .15;
    3 year revocation if refusal
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year, up to 5 years
  • Alcohol evaluation and treatment as determined by the court (up to two years)

THIRD DUI OFFENSE / TWO PRIOR DUI OFFENSE IN THE LAST 7 YEARS

Breathe Test Under .15%
Or
No Breath Test but Not a Refusal

  • 90 days in jail minimum PLUS 120 days Electronic Home Detention
  • $1,971 total minimum fine w/ statutory assessment
  • 3 year license revocation
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year, up to 10 years
  • Alcohol evaluation and treatment as determined by the court (up to two years)

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

  • 120 days in jail minimum PLUS 150 days Electronic Home Detention
  • $2,821 total minimum fine w/ statutory assessment
  • 4 year license revocation
  • SR-22 Insurance for 3 years
  • Probationary license for 5 years after reinstatement
  • Probation monitoring by the court for up to 5 years
  • Ignition interlock shall be required by the DOL for a minimum of
    1 year, up to 10 years
  • Alcohol evaluation and treatment as determined by the court (up to two years)