Washington DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Washington
Washington DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Washington, the law allows only 20 days for a Washington DUI Lawyer to make a request with the Washington Department of Licensing for a hearing to help save your drivers license.
What are the penalties for DUI in Washington?
The penalties for driving under the influence in Washington will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
WA DUI Penalties
Washington is a state with a 7 year 'washout period' also known as a 'look back period'
DEFERRED PROSECUTION
A person charged with certain misdemeanors and gross misdemeanors, including DUI, in district or municipal court may petition the court for a deferred prosecution in certain circumstances. A deferred prosecution program requires the person to, among other things, undergo treatment in a two-year program. The court will dismiss the charges three years after the completion of the treatment program.
1st DUI Offense / Conviction - Misdemeanor
Possible Deferred Prosecution
The penalty upon conviction of a first DUI offense in Washington:
- Fine: $350 to $5,000 fine
- Jail: 1 day to 1 year in jail (possible 15 days minimum home electronic monitoring in lieu of jail time)
- Drivers License Suspension: minimum 90 days drivers license suspension (1 year revocation if BAC 0.15 or more)
- Ignition Interlock: at least 1 year ignition interlock restriction (must install IID before license reinstatement)
- alcohol evaluation and treatment as determined by the court
- WA SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
Possible Deferred Prosecution
The penalty upon conviction of a second DUI offense in Washington:
- Fine: $500 to $5,000 fine
- Jail: 30 days to 1 year in jail AND 60 days of home electronic monitoring
- Drivers License Revocation: 2 years drivers license revocation (900 days license revocation if BAC 0.15 or more)
- Ignition Interlock: at least 5 years ignition interlock restriction (must install IID before license reinstatement)
- alcohol evaluation and treatment as determined by the court
- WA SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense in Washington:
- Fine: $1,000 to $5,000 fine
- Jail: 30 days to 1 year in jail AND 120 days of home electronic monitoring
- Drivers License Revocation: 3 years drivers license revocation (4 years license revocation if BAC 0.15 or more)
- Ignition Interlock: at least 10 years ignition interlock restriction (must install IID before license reinstatement)
- alcohol evaluation and treatment as determined by the court
- WA SR22 Insurance (proof of financial responsibility) Requirement
FELONY DUI
A conviction for DUI is a Class C Felony if the driver has:
- (a) four or more DUI-related prior offenses within 10 years; or
(b) any prior conviction of a DUI-related vehicular homicide or vehicular assault, or a comparable out-of-state conviction.
(c) if the person has ever previously been convicted of felony DUI in Washington.
Penalties for felony DUI are governed by the Sentencing Reform Act, and the driver's presumptive sentence depends, in part, on his or her "offender score" (based on prior criminal history). A DUI offender with four prior misdemeanor DUI's will receive a presumptive sentence range of 22 to 29 months.
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Washington and implied consent laws are enforced.
In Washington, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
FIRST CHEMICAL TEST REFUSAL
- Drivers License Revocation: 2 years drivers license revocation
- WA SR22 Insurance (proof of financial responsibility) Requirement
SECOND Chemical test REFUSAL
- Drivers License Revocation: 3 years drivers license revocation
- WA SR22 Insurance (proof of financial responsibility) Requirement
Third (and subsequent) Chemical test REFUSAL
- Drivers License Revocation: 4 years drivers license revocation
- WA SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Washington
The maximum legal BAC (blood alcohol content) limits in Washington for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Washington it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Washington it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Washington it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
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