DUI Penalties
There
are two distinct types of penalties for a DUI
conviction: Administrative and Criminal. Administrative
penalties happen when you either lose your
Department of Licensing hearing or fail to request one
in a timely manner. Criminal penalties happen
once you have been convicted of the crime (either by
pleading guilty, going to trial and losing or by
going through a Deferred
Prosecution and breaching one of the five
requirements). This chart is also
available in MS Word format here.
|
BAC
Result < .15 or No Test Result
|
No
Prior Offense1
|
One
Prior Offense1
|
Two
or Three Prior Offenses1
|
|
Mandatory
Minimum /Maximum Jail Time2
|
24
Consecutive Hours/365 Days
|
30/365
Days
|
90/365
Days
|
|
Mandatory
EHM2
|
15
Days
|
60
Days
|
120
Days
|
|
Mandatory
Minimum /Maximum Fine3
|
$865.50/$5,000
|
$1,120.50/$5,000
|
$1,970.50/$5,000
|
|
Driver's
License
|
90
Day Suspension
|
2
Year Revocation
|
3
Year Revocation
|
|
II
Driver’s License*
II
Device
|
Required
|
Required
|
Required
|
|
Alcohol/Drug
Ed. or Treatment
|
As
Ordered
|
As
Ordered
|
As
Ordered
|
*
See Court and Department of Licensing (DOL) Ignition
Interlock Requirements, page 4.
|
BAC
Result ≥ .15 or Test Refusal
|
No
Prior Offense1
|
One
Prior Offense1
|
Two
or Three Prior Offenses1
|
|
Mandatory
Minimum /Maximum Jail Time2
|
2
Consecutive/365 Days
|
45/365
Days
|
120/365
Days
|
|
Mandatory
EHM2
|
30
Days
|
90
Days
|
150
Days
|
|
Mandatory
Minimum /Maximum Fine3
|
$1,120.50/$5,000
|
$1,545.50/$5,000
|
$2,820.50/$5,000
|
|
Driver's
License
|
1
Year Revocation
2
Years if BAC refused
|
900
Days Revocation
3
Years if BAC refused
|
4
Year Revocation
|
|
II
Driver’s License*
II
Device
|
Required
|
Required
|
Required
|
|
Alcohol/Drug
Ed. or Treatment
|
As
Ordered
|
As
Ordered
|
As
Ordered
|
*
See Court and Department of Licensing (DOL) Ignition
Interlock Requirements, page 4.
|
Court
Ordered Ignition Interlock Driver’s License
and Device Requirements, RCW 46.20.720(2),
46.61.5055(5), 46.20.385, effective January 1,
2009*
|
|
Requirement
|
No
Previous Restriction
|
Previous
1 Year Restriction
|
Previous
5 Year Restriction
|
|
II
Driver’s License
II
Device
|
1 Year
|
5 Years
|
10
Years
|
*
See Court and Department of Licensing (DOL) Ignition
Interlock Requirements, page 4.
|
Department
of Licensing Required Ignition Interlock Device
Requirements, RCW 46.20.720(3) June 10, 2004*
|
|
Requirement
|
No
Previous Restriction
|
Previous
1 Year Restriction
|
Previous
5 Year Restriction
|
|
II
Device
|
1 Year
|
5 Years
|
10
Years
|
*
See Court and Department of Licensing (DOL) Ignition
Interlock Requirements, page 4.
1Prior
Offenses:
Count all prior
offenses where the arrest date of the prior offense
occurred within 7 years before or after the
arrest date on the current offense. RCW
46.61.5055(14)(b); Seattle
v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div. 1
2007). “Prior offense” is defined by RCW
46.61.5055(14)(a) to include–
Ü
Original
Convictions for the following:
(1) DUI (RCW 46.61.502) (or an equivalent local
ordinance); (2) Phys. Cont. (RCW 46.61.504) (or an
equivalent local ordinance); (3) Veh. Homicide (RCW
46.61.520) or Veh. Assault (RCW 46.61.522) if either
committed while under the influence; (4) Equiv.
out-of-state statute for any of the above offenses.
Ü
Deferred
Prosecution Granted for the following:
1) DUI (RCW 46.61.502) (or equivalent local
ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equiv.
local ordinance); (3) Neg. Driving 1st (RCW
46.61.5249, or equiv. local ord.), if
the person was originally charged with DUI or Phys.
Cont. (or an equiv. local ord.), or Veh. Hom. (RCW
46.61.520) or Veh. Assault (RCW 46.61.522).
See
Bremerton v. Tucker, 126 Wn.App. 26, 103
P.3d 1285 (Div. 2 2005); Seattle v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div. 1 2007) (a
revoked deferred prosecution only counts as one prior
offense).
Ü
Amended
Convictions for the following:
If the person
was originally charged with DUI or Phys. Cont. or an
equivalent local ordinance, or Veh. Homicide (RCW
46.61.520) or Veh. Assault (RCW 46.61.522)
(1) Neg. Driving 1st (RCW 46.61.5249), (2) Reckless
Driving (RCW 46.61.500),
(3) Reckless Endangerment (RCW 9A.36.050), (4) Equiv.
out-of-state or local ordinance for the above
offenses. See,
Walla Walla v. Greene, 154 Wn.2d 722, ¶ 14,
116 P.3d 1008 (2005).
2Mandatory Jail and Electronic Home
Monitoring (EHM):
If there are
prior offenses within 7 years of arrest date, the
mandatory jail shall be served by imprisonment for the
minimum statutory term and may not be suspended or
deferred unless the court finds that imposition of
this mandatory minimum sentence would impose a
substantial risk to the offender’s physical or
mental well-being. The mandatory statutory term may
not be converted to EHM. Bremerton v. Bradshaw,
121 Wn.App. 410, 88 P.3d 438 (Div. 2 2004). Where
there are no prior offenses within 7 years of arrest
date, the court may grant EHM instead of mandatory
minimum jail. If there are prior offenses, the
mandatory EHM may not be suspended or deferred unless
the court finds that imposition of this mandatory
minimum sentence would impose a substantial risk to
the offender’s physical or mental well-being. RCW
46.61.5055(1)(a)(i), (2)(a)(i), (3)(a)(i).
Mandatory
Conditions of Probation for any Suspended Jail Time:
The individual
is not to:
(i) drive a motor vehicle without a valid license to
drive and proof of financial responsibility (SR 22),
(ii) drive while having an alcohol concentration of
.08 or more within two hours after driving,
(iii) refuse to submit to a test of his or her breath
or blood to determine alcohol concentration upon
request of a law enforcement officer who has
reasonable grounds to believe the person was driving
or was in actual physical control of a motor vehicle
while under the influence of intoxicating liquor,
except for ignition interlock driver’s license and
device or alcohol monitoring requirements under RCW
46.61.5055(5), violation of any mandatory condition, requires a minimum penalty of 30 days
confinement, which may not be suspended or deferred,
and an additional 30 day license suspension. RCW
46.61.5055(11). Courts
are required to report violations of mandatory
conditions requiring confinement or license suspension
to DOL. RCW 46.61.5055.
3Mandatory
Monetary Penalty:
PSEA 1, RCW
3.62.090(1); Alcohol Violators Fee,
RCW 46.61.5054; Criminal Justice Funding Penalty, RCW
46.64.055 (Note:
RCW 3.62.090(1) and (2) apply to CJF penalty);
Criminal Conviction Fee, RCW 3.62.085.
Felony DUI and Felony Physical Control:
Laws of 2006, ch. 73,
§§ 1-3 (effective July 1, 2007) created new class C
felony crimes of Felony DUI and Felony Physical
Control. With
four priors within 10 years, or one prior conviction
of Veh. Homicide or Veh. Assault (see above), a
current offense is a Class C Felony punished under
Chapter 9.94A RCW.
“Within 10 years” means that the arrest for
the prior offense occurred within 10 years of the
arrest for the current offense. Laws of 2007, ch. 474
(effective July 1, 2007); RCW 46.61.5055(13)(c).
Jurisdiction: Court has 5
years jurisdiction.
Department of Licensing - DUI
Administrative Sanctions and Reinstatement Provisions
(As amended through
July 1, 2007)
|
ADMINISTRATIVE
SANCTIONS – RCW 46.20.3101
|
|
REFUSED
TEST
|
First
Refusal Within 7 Years And No Prior
Administrative Action Within Past 7 Years*
|
Second
or Subsequent Refusal Within Past 7 Years OR
First Refusal And At Least One Prior
Administrative Action Within Past 7 Years*
|
|
Adult
|
One
Year License Revocation
|
Two
Year License Revocation
|
|
Minor
|
One
Year License Revocation
|
Two
Year License Revocation Or
Until
Age Twenty-One Whichever Is Longer
|
|
BAC
RESULT
|
First
Administrative Action
|
Second
or Subsequent Administrative Action
|
|
Adults
≥
0.08
|
90
Day License Suspension
|
Two
Year License Revocation
|
|
Minors
≥
0.02
|
90
Day License Suspension
|
One
Year License Revocation Or
Until
Age Twenty-One Whichever Is Longer
|
*Day
for day credit for revocation period already served
under suspension, revocation, or denial imposed under
RCW 46.61.5055 and arising out of the same
incident.--RCW 46.20.3101(4).
|
Ignition
Interlock Driver’s License, RCW 46.20.385
(effective January 1, 2009)
|
|
May
apply for an Ignition Interlock Driver’s
License upon receiving RCW 46.20.308 notice or
upon suspension or revocation.
See “Court and Department of Licensing
Ignition Interlock Requirements, page 4.”
|
Note:
An individual convicted of DUI or physical
control will have his/her driving privilege placed in
probationary status for five years from the date
he/she is eligible to reinstate his/her driver’s
license (see RCW 46.61.5055 and 46.20.355).
An individual granted a deferred prosecution
under RCW 10.05.060 will have his/her driving
privilege placed on probationary status for five years
from the date of the incident, which was the basis for
the deferred prosecution (see RCW 46.20.355 and
10.05.060).
|
REQUIREMENTS
FOR REINSTATEMENT OF DRIVING PRIVILEGE
|
|
Suspended
License* (RCW
46.20.311)
|
Revoked
License* (RCW
46.20.311)
|
|
·
File
and maintain proof of financial responsibility
for the future with the Department of Licensing
as provided in chapter 46.29 RCW (SR22)
·
Present
written verification by a company that it has
installed the required ignition interlock device
on a vehicle owned and/or operated by the person
seeking reinstatement
·
Pay
$150 driver’s license reissue fee
·
Driver’s
ability test NOT required
|
·
File
and maintain proof of financial responsibility
for the future with the Department of Licensing
as provided in chapter 46.29 RCW (SR22)
·
Present
written verification by a company that it has
installed the required ignition interlock device
on a vehicle owned and/or operated by the person
seeking reinstatement
·
Pay
$150 driver’s license reissue fee
·
Satisfactorily
complete a driver’s ability test
|
*If
suspension or revocation is the result of a criminal
conviction, the driver must also show proof of either
(1) enrollment and satisfactory participation in an
approved alcohol treatment program or
(2) completion of an alcohol information school, as
determined by the court and/or treatment agency.
Court and Department
of Licensing (DOL) Ignition Interlock Requirements,
RCW 46.20.380, 46.20.385
|
Ignition Interlock
Driver’s License,
RCW
46.20.380, 46.20.385
|
|
Eligible
to Apply
|
·
Conviction
of violation of RCW 46.61.502 or 46.61.504,
involving alcohol
·
License
suspended, revoked, or denied under RCW
46.20.3101
·
Proof
of installed functioning ignition interlock
device
|
|
Requirements
|
·
During
previous 7 years, no conviction for vehicular
homicide or vehicular assault
·
Proof
of financial responsibility (SR 22)
|
|
Financial
Obligations
|
·
$100
mandatory fee to DOL.
·
Costs
to install, remove, and lease the ignition
interlock device, and $20 fee per month, unless
waived
|
|
Duration
|
Extends
through the remaining portion of any concurrent
or consecutive suspension or revocation imposed
as the result of administrative action and
criminal conviction arising from the same
incident
|
|
Operation
with Other Requirements
|
The
time period during which the person is licensed
under RCW 46.20.385, shall apply on a
day-for-day basis toward satisfying the period
of time the ignition interlock device
restriction is required under RCW 46.20.720 and
46.61.5055
|
Court
Ordered Ignition Interlock (II) Driver’s License and
Device:
The court may waive II Driver’s License and Device
requirements upon written findings of fact when: (i)
the devices are not reasonably available in the local
area (ii) the person does not operate a motor vehicle
(iii) the person is not eligible to receive the
driver’s license under RCW 46.20.385.
(RCW 46.61.5055(5) as amended by Laws of 2008,
ch. 282, § 14).
If the court waives the requirements, the court
shall order the person to submit to alcohol monitoring
for one, five, or ten years, and to pay for the
monitoring. RCW 46.61.5055(5) (Laws of 2008, ch. 282,
§, 14). II
device is not required on employer’s vehicle driven
during business hours upon proof to DOL of employment
affidavit. The
court sets the calibration level.
