Washington State DUI Penalty
A driving under the influence charge is much more than a simple traffic violation. The State of Washington classifies a DUI as a gross misdemeanor. This classification is used to determine the maximum penalties the defendant may face.A gross misdemeanor has a maximum sentence of one year in jail and a $5,000 fine. There are some crimes that have a mandatory minimum penalty, which means that the judge may not issue a lower sentence than what has already been predetermined. For example, if a driver refused to take the breath test or had more than one prior DUI, the judge must follow the mandatory minimum guidelines.
A first-time offender with no extenuating circumstances will spend a minimum of one day in jail or have 15 days of electronic home detention. He or she must pay a minimum fine of $863 and face a 90-day license suspension. After the driver’s license is reinstated, the offender must obtain SR22 insurance for three years and will have a probationary license for five years. The judge may also order the offender to have an ignition interlock device installed in his or her car for up to one year. Probation will be ordered for five years, and the offender may be required to get an alcohol evaluation and treatment.
A first-time offender with a breath test of 0.15 percent or higher or who refused to take the breath test faces at least two days in jail or 30 days of electronic home detention. If the offender’s BAC was over 0.15 percent, his or license will be suspended for one year. If he or she refused to take the breath test, the license suspension is for two years.
The penalties get even tougher for drivers who have a prior DUI on their record. For a second offense within seven years, the offender must spend at least 30 days in jail plus 60 days of electronic home detention. The fines jump up to $1,078 and the driver’s license is revoked for two years. The offender must have an ignition interlock in his or her car for at least one year following the license reinstatement, though the judge may order it for up to five years.
For a third offense within seven years, the mandatory minimum jail sentence is 90 days plus 120 days of electronic home detention. The offender must pay a minimum fine of $1,928 and will have his or her license revoked for three years.
As you can see, the Washington State DUI penalties are tough. If you are interested in having your case evaluated by an experienced DUI defense attorney, contact Callahan Law today.
