WASHINGTON STATE DUI ATTORNEY - DRUNK DRIVING

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3405 - 172nd Street NE #5-242
Arlington, WA 98223

DUI Penalties

There are two distinct types of penalties for a DUI conviction: Administrative and Criminal. Administrative penalties happen when you either loose 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 loosing or by going through a Deferred Prosecution and breaching one of the five requirements). This chart is also available in MS Word format here.

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 Pas* t *7 Years OR Firs t* *Refusal And A t* *Leas t* *One Prior Administrative Action Within Past 7 Years (Day for day credit* for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out *of t he same incident* *. RCW 46.20.3101(4))*
Adult	1-Year License Revocation	2-Year License Revocation
Minor	1-Year License Revocation	2-Year License Revocation Or Until Age 21 Whichever Is Longer
ALCOHOL CONCENTRATION TEST RESULT	*First Administrative Action*	*Second or Subsequent Administrative Action*
Adult With 0.08 or Greater	90-Day License Suspension	2-Year License Revocation
Minor With 0.02 or Greater	90-Day License Suspension	1-Year License Revocation Or Until Age 21 Whichever Is Longer

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

· Present written verification by a company doing business in this state 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

· 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.

TEMPORARY RESTRICTED DRIVER’S LICENSE, RCW 46.20.380, RCW 46.20.391

RCW 46.20.391 provides for a temporary restricted license: $100 fee, proof of functioning ignition interlock and financial responsibility; demonstrated necessity.

COURT DUI SENTENCING GRID (RCW 46.61.5055 as amended through July 24, 2005 )

“Prior Offense” includes the following: (as defined in RCW 46.61.5055)

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.

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.

Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equivalent 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. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522).

“Within seven years” means that the arrest for a prior offense(s) occurred within 7 years of the arrest for the current offense. (as defined in RCW 46.61.5055.)
Alcohol Concentration Less Than .15 Or No Test Result	*No Prior Offenses Within Past* *7 Years*	*One Prior Offense Within Past* *7 Years*	*Two or More Prior Offenses Within Past 7 Years*
Jail Time***	1-365 Days (24 consecutive hours non-suspendable)	30-365 Days (30 days non-suspendable)	90-365 Days (90 days non-suspendable)
Electronic Home Monitoring*	In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days	60 Days	120 Days
Fine	$350-$5,000 ($866 t o t al minimum fine w/ statutory assessments****)	$500-$5,000 ($1,121 t o t al minimum fine w/ statutory assessments****)	$1,000-$5,000 ($1,971 t o t al minimum fine w/ statutory assessments****)
Driver's License	90-Day Suspension	2-Year Revocation	3-Year Revocation
Ignition Interlock Device	DOL Shall Require**	DOL Shall Require**	DOL Shall Require**
Alcohol/Drug Ed. or Treatment	As Determined By The Court	As Determined By The Court	As Determined By The Court
Alcohol Concentration At Least .15 or Greater Or Test Refusal	*No Prior Offenses Within Past* *7 Years*	*One Prior Offense Within Past* *7 Years*	*Two or More Prior Offenses Within Past 7 Years*
Jail Time***	2-365 Days (2 consecutive mandatory )	45-365 Days (45 days mandatory)	120-365 Days (120 days mandatory)
Electronic Home Monitoring*	In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days	90 Days	150 Days
Fine	$500-$5,000 ($1,121 t o t al minimum fine w/ statutory assessments****)	$750-$5,000 ($,1,546 t o t al minimum fine w/ statutory assessments****)	$1,500-$5,000 ($2,821 t o t al minimum fine w/ statutory assessments****)
Driver's License	1-Year Revocation (2 years if BAC refused; RCW 46.61.5055(7)(c))	900-Day Revocation (3 years if BAC refused; RCW 46.61.5055(7)(c))	4-Year Revocation
Ignition Interlock Device	DOL Shall Require**	DOL Shall Require**	DOL Shall Require**
Alcohol/Drug Ed. or Treatment	As Determined By The Court	As Determined By The Court	As Determined By The Court

♦ Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005).

* Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. Courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. (RCW 46.61.5055.)

** Ignition Interlock (IID): Effective 6/10/04 , DOL shall require after any alcohol related violation of RCW 46.61.502, 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended by Laws of 2004, ch. 95). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If t he violation was committed while a passenger under 16 was in t he vehicle, t he court must order installation and use of IID for a t leas t 60 days or ex t end a previously imposed IID requirement by a t leas t 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055. (As amended by Laws of 2003, ch. 103).

*** Mandatory conditions of probation if any jail time is suspended: (Court 's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor vehicle without a valid license t o drive and proof of financial responsibility, (ii) is not to drive a motor vehicle while having an alcohol concentration of .08 or more within two hours after driving, (iii) is not to 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 t he influence of intoxicating liquor. 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(9). Courts are required t o report violations of mandatory conditions t o DOL. RCW 46.61.5055.

**** Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.)