If you’ve been arrested for driving under the influence in Washington state, the thought of going to court may be terrifying, and you’re probably worried about what comes next. Washington has some of the harshest DUI penalties in the country, so it’s critical to get in touch with a DUI defense lawyer as soon as possible and be proactive about your defense.
DUI sentencing in Washington state depend on a collection of factors, such as:
- Whether this is your first, second, or third DUI offense,
- Whether any aggravating factors led to your arrest, and
- Whether you refused to submit to a blood alcohol (BAC) test after your arrest.
All DUI convictions in Washington state require a mandatory minimum punishment. Some of the possible civil and criminal penalties of a DUI conviction include:
- Jail time or house arrest
- Probation
- Fines
- Driver’s license suspension or revocation
- Mandatory alcohol and drug treatment programs
- Wearing a remote alcohol monitor
- Installing an ignition interlock device
- Signing up for SR-22 auto insurance
A DUI conviction will stay on your record for 99 years in Washington State – it cannot be expunged, vacated, or sealed, making it a permanent part of your history. Aggravating factors, and each additional DUI conviction will carry greater penalties. You may face personal and professional consequences if, for example, you need a clean driving record for your employment or a valid license to drive in your everyday life. As a result, the best course of action is to be proactive in building your defense immediately upon being charged and before you get convicted.
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Do You Lose Your License Immediately After a DUI in WA?
Any DUI arrest in Washington comes with a mandatory license suspension or, in aggravated cases, a license revocation. You have a chance to request a hearing to contest your license suspension within 7 days of your arrest, so you must act quickly.
If you don’t request a hearing by this deadline – or the hearing rules against you – then your license will be suspended starting 30 days after the date of your arrest. An experienced DUI defense attorney can help you avoid this immediate suspension if possible.
Want to keep your license? Request help with your DOL Hearing before it’s too late.
Is a DUI a Misdemeanor or Felony in Washington State?
In Washington state, a DUI charge is typically a gross misdemeanor. However, aggravating circumstances such as reckless driving that results in substantial bodily harm to another can elevate the charge to a felony in certain cases.
Even as a misdemeanor, a DUI conviction can have significant long-term consequences, with the potential to affect your employment opportunities, insurance rates, and driving privileges. Additionally, the penalties for DUI multiply based on how many prior DUI convictions you already have on your record. So you don’t want to take the idea of a conviction lightly, as even a first-time DUI conviction can lead to greater legal problems years down the road.
Whether you’re facing a misdemeanor or felony DUI charge in Washington, the consequences can be severe. An experienced DUI attorney can help challenge evidence, negotiate reduced penalties, or even get the charges against you dismissed.
Penalties for 1st DUI (or No Prior Offenses Within the Past 7 Years)
If you have no prior DUI offenses or DUI reduction to a lesser charge within the last 7 years, and:
- Your BAC was below 0.15% OR a test was never administered – you can be sentenced to a minimum of 24 hours and a maximum of 364 days in jail. You will face a minimum fine of $990.50 with a potential maximum fine of $5,000.
- Your BAC was at least 0.15% at the time of your arrest OR you refused to take the BAC breath test – you will face a mandatory 48 hours in jail, with fines from $1,245.50 to $5,000.
WA DUI Sentencing Grid for 1st Offense
| 1st DUI Penalty Grid | BAC below 0.15% (or No Test Result) | BAC equals 0.15% or higher (or Test Refused) |
|---|---|---|
| Jail Time | 24 hours – 364 days | 48 hours – 364 days |
| Electronic Home Monitoring (EHM) | 15 days, instead of jail | 30 days, instead of jail |
| Fines | $990.50 – $5,000 | $1,245.50 – $5,000 |
| Driver’s License | 90-day suspension | 1 year revocation, or 2 years if BAC test was refused |
| Ignition Interlock Device (IID) | Required for 1, 5, or 10 years determined by the DOL | Required for 1, 5, or 10 years determined by the DOL |
| Alcohol/Drug Education or Treatment | Determined by the court | Determined by the court |
* An ignition interlock device (IID) is a court-mandated breathalyzer installed in your personal vehicle that requires a clean breath sample before the engine will start.
* Electronic Home Monitoring (EHM) is a type of house arrest where you must wear an ankle bracelet that tracks your location and restricts your movements as an alternative to jail time.
* Alcohol/Drug Education or Treatment covers mandatory programs that require DUI offenders to undergo substance abuse evaluations, counseling, or treatment to address underlying alcohol or drug dependency issues.
* SR-22 Auto Insurance is a high-risk insurance certificate that Washington requires for drivers with DUI convictions, which often leads to higher insurance premiums.
Penalties for 2nd DUI (or One Prior Offense Within the Past 7 Years)
If you have only one prior DUI conviction or DUI reduction to a lesser charge within the last 7 years, and:
- Your BAC was below 0.15% OR a test was never administered – the minimum sentence you face is 30 days in jail followed by 60 days of home arrest. The maximum penalty is 364 days in jail. Your fines will be between $1,245.50 and $5,000.
- Your BAC was at least 0.15% at the time of your arrest OR you refused to take a test – you will face between 45 to 364 days in jail, followed by 90 days of home arrest or electronic home monitoring. Penalties include a fine between $1,670.50 and $5,000.
WA DUI Sentencing Grid for 2nd Offense
| 2nd DUI Penalty Grid | BAC below 0.15% (or No Test Result) | BAC equals 0.15% or higher (or Test Refused) |
|---|---|---|
| Jail Time | 30 days – 364 days | 45 days – 364 days |
| Electronic Home Monitoring (EHM) | 60 days | 90 days |
| Fines | $1,245.50 – $5,000 | $1,670.50 – $5,000 |
| Driver’s License | 2-year revocation | 900-day revocation, or 3 years if BAC test was refused |
| Ignition Interlock Device (IID) | Required for 1, 5, or 10 years determined by the DOL | Required for 1, 5, or 10 years determined by the DOL |
| Alcohol/Drug Education or Treatment | Determined by the court | Determined by the court |
Penalties for 3rd DUI (or Two Prior Offenses Within the Past 7 Years)
If you have 2 prior DUI convictions within the last 7 years, and:
- Your BAC was below 0.15% OR a test was never administered – you will face a mandatory minimum sentence of 90 days in jail, followed by 120 days of home arrest. The maximum sentence is 364 days in jail. Fines are between $2,095.50 and $5,000.
- Your BAC was at least 0.15% at the time of your arrest OR you refused to take a test – the minimum sentence will be 120 days in jail, followed by 150 days of home confinement or electronic monitoring. The maximum sentence is 364 days in jail. The total fines range from a minimum of $2,945.50 to a maximum of $5,000.
WA DUI Sentencing Grid for 3rd Offense
| 3rd DUI Penalty Grid | BAC below 0.15% (or No Test Result) | BAC equals 0.15% or higher (or Test Refused) |
|---|---|---|
| Jail Time | 90 days – 364 days | 120 days – 364 days |
| Electronic Home Monitoring (EHM) | 120 days | 150 days |
| Fines | $2,095.50 – $5,000 | $2,945.50 – $5,000 |
| Driver’s License | 3-year revocation | 4-year revocation |
| Ignition Interlock Device (IID) | Required for 1, 5, or 10 years determined by the DOL | Required for 1, 5, or 10 years determined by the DOL |
| Alcohol/Drug Education or Treatment | Determined by the court | Determined by the court |
Penalties for 4th DUI Within the Past 10 Years
If you’re charged with a 4th DUI within the last 10 years, then the charges against you will be automatically upgraded from a misdemeanor to a felony DUI. A felony is an extremely serious criminal charge with even greater legal penalties and consequences than a misdemeanor.
Washington state classifies felony DUIs as Class B or Class C felonies, depending on the circumstances. Penalties may include several years in state prison, substantial fines, extended license revocation, and even stricter probation and monitoring terms. The max penalty for a Class B felony in WA is 10 years in prison & $20,000 fine.
If you’re facing a felony DUI charge in Washington state, it’s critical to understand your rights and take immediate action to protect your future. You need an experienced WA DUI defense attorney to help you build the strongest possible case for the best possible outcome.
What Are Aggravating Factors in a DUI?
In Washington state, certain aggravating factors can lead to harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. These factors include:
- Underage DUI – Washington state has a zero-tolerance law for drivers under the age of 21. If you’re underage and you have a BAC of 0.02% or higher, you can be charged with an underage DUI, which comes with its own set of penalties, including license suspension, fines, and potential impacts on education and employment opportunities.
- Minor in the Vehicle – If you’re pulled over for a DUI while transporting a passenger under 16 years old in your vehicle, you will face additional legal penalties, including a longer ignition interlock device (IID) requirement.
- Commercial Driver’s License (CDL) – While driving a commercial vehicle (CMV), you could be charged with a DUI if your BAC is over 0.04%. You could even face CDL penalties if you’re convicted of a DUI in your own personal vehicle.
- Accidents, Injuries, or Property Damage – If your DUI resulted in an accident, bodily injury, or significant property damage, you could face more severe penalties and potentially be charged with vehicular assault or vehicular homicide.
- DUI on Probation or Driving With a Suspended License – You can expect to face harsher penalties if you were already on probation for another DUI or you were driving with a suspended license at the time of your arrest.
If your DUI case involves any of these aggravating circumstances, it’s critical to get the help of an experienced WA DUI attorney in order to give yourself the best possible defense.
WA Alternative Sentencing and DUI Diversion Programs
For some DUI defendants, Washington state law offers alternative sentencing options that can help you avoid lengthy jail time and allow for rehabilitation instead of punishment. These programs aren’t available to everyone but can be a valuable option if you qualify.
If you’re eligible, you may be able to enter Washington’s Deferred Prosecution Program, which provides a chance for you to avoid a DUI conviction by completing a strict court-supervised substance abuse treatment plan.
For a successful deferred prosecution, you must:
- Admit to having an alcohol or substance dependency issue,
- Complete a 2-year treatment program and comply with court conditions, and
- Avoid consuming alcohol or drugs or committing any new offenses during the program.
This option is only available once in a lifetime, so it’s essential to fully understand the commitment you’re making before pursuing deferred prosecution.
If your DUI was influenced by substance abuse issues, some counties in Washington also offer DUI or Drug Court programs, which involve intensive court supervision, treatment programs, regular drug or alcohol testing, and counseling in exchange for reduced sentencing or dismissing charges. Your attorney can help you weigh your options.
Each alternative sentencing program comes with specific conditions and eligibility requirements. A knowledgeable WA DUI defense lawyer that’s local to your area can help determine if you qualify and advocate in court to pursue these alternatives on your behalf.
How a Strong Legal Defense Can Help Protect Your Future
Facing a DUI charge can feel overwhelming, but you are not without options – and most importantly, you are not alone. The legal system allows room for defense strategies that could reduce or even dismiss your charges, depending on the circumstances.
The key to achieving a better outcome to your case is having a strong legal advocate – a DUI defense lawyer – who has a deep understanding of Washington’s DUI laws and a track record of successfully defending against DUI charges. Potential DUI defense strategies include:
- Challenging the Legitimacy of the Traffic Stop – If law enforcement did not have Reasonable Suspicion to stop you, any evidence gathered could be inadmissible.
- Questioning the Accuracy of BAC Tests – Breathalyzers and blood tests aren’t always accurate. Issues like improper calibration, operator error, or even certain medical conditions could interfere with the results and should be challenged.
- Contesting Field Sobriety Tests – These tests are highly subjective and influenced by factors such as medical conditions, uneven terrain, or even nervousness.
- Negotiating Reduced Charges – In some cases, DUI charges can be reduced to reckless driving or negligent driving, which carry less severe penalties.
Getting legal representation early on in your case is a huge step towards protecting your future. The decisions you make immediately after your DUI arrest can impact everything – and a lawyer you bring in from the start can help you make smart, strategic moves at every turn.
A DUI attorney’s role includes everything from handling Department of Licensing hearings to negotiating plea deals or taking your case to trial if necessary. Having an experienced lawyer who focuses on Washington DUI cases can make all the difference in protecting your record, your rights, and your future. Contact Garguile Law today to get started on your defense.
Related content:
- Baby DUI – Getting a DUI Under 21
- CDL DUI Defense Attorneys
- DOL Hearing – Avoid License Suspension for DUI
- DUI While Driving a Company Car
- Field Sobriety, Breathalyzers & Blood Tests
- How to Beat a DUI in WA State
- How to Help When Someone Gets a DUI
- Marijuana DUI – Driving While High
- Washington DUI Process & Timeline
