Washington State has strict DUI penalties. You may be subject to any of these penalties depending on the circumstances of your case. The chart below presents these penalties with explanations following the chart.

Year 2002 DUI Penalties In Washington State

DOL Administrative Penalties – breath test .08 or higher – even if found not guilty of DUI	Criminal penalties if No Prior Offense in the last 7 years	Criminal penalties if Second Offense – One Prior Offense in the last 7 years	Criminal penalties if Third Offense – Two Prior Offenses in the last 7 years
** Breath Test Under .15% Or No Breath Test But Not A Refusal **
* 90 day license suspension * Two year license revocation if second or subsequent administrative action within seven years * License is marked for 60 days * 30 days to request hearing * $200 hearing fee unless indigent * Hearing within 60 days of arrest * $150 reissue fee * SR-22 Insurance required 3 years thereafter	* One day in jail minimum, one year maximum * OR 15 days Electronic Home Detection (EHM) * $823 total minimum, up to $5,000 fine * 90 day license suspension * SR-22 Insurance * Probationary license for 5 years after reinstatement * Up to five years monitored probation * Ignition interlock At least one year * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years	* 30 days in jail minimum, one year maximum, PLUS 60 days EHM * $1078 total minimum, up to $5,000 fine * Two year license revocation * Driving and knowledge exams * SR-22 Insurance * Probationary license for 5 years after reinstatement * Up to five years monitored probation * Ignition interlock At least one year * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years	* 90 days in jail minimum, one year maximum, PLUS 120 days EHM * $1,928 total minimum, up to $5,000 fine * Three year license revocation * Driving and knowledge exams * SR-22 Insurance * Probationary license for 5 years after reinstatement * Up to five years monitored probation * Ignition interlock At least one year * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years
** Breath Test .15% Or Higher or Refusal To Take Breath Test **
* 90 day license suspension * One year license revocation if refused the test and no prior administrative actions within seven years. * Two year license revocation if second or subsequent administrative action (refusal or breath test over legal limit) within seven years. * License is marked for 60 days * 30 days to request hearing * $200 hearing fee unless indigent * Hearing within 60 days of arrest * $150 reissue fee * SR-22 Insurance required 3 years thereafter	* Two days in jail minimum, one year maximum * OR 305 days EHM * $1,078 total minimum, up to $5,000 fine * One year revocation if took breath test * Two year revocation if refused breath test * SR-22 Insurance * Probationary license for 5 years after reinstatement * Up to five years monitored probation * Ignition interlock not less than one year * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years	* 45 days in jail minimum, one year maximum, PLUS 90 days EHM * $1,503 total minimum, up to $5,000 fine * 900 day revocation if took breath test * Three year revocation if refused breath test * 900 day license revocation * Driving and knowledge exams * SR-22 Insurance * Probationary license for 5 years * Up to five years monitored probation * Ignition interlock for one year (if no previous interlock) * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years	* 120 days in jail minimum, one year maximum PLUS 150 days EHM * $2,778 total minimum, up to $5,000 fine * Four year license revocation * Driving and knowledge exams * SR-22 Insurance * Probationary license for 5 years * Up to five years monitored probation * Ignition interlock for one year if no previous interlock, five years if a previous interlock, ten years if two previous interlocks * Alcohol evaluation and treatment (up to two years) * Probation monitoring (and fees) for up to five years

Administrative Penalties

These are imposed by the Department of Licensing separate and apart from the court case. The only opportunity to contest these DOL administrative penalties is to make a timely request for a hearing. The officer should have provided the form. The staff at Fox Bowman Duarte will gladly provide you with the form if you did not receive it.

90 Day Driver's License Suspension

Your license is suspended for 90 days. You may be eligible to apply for an occupational or "temporary restricted" license after serving 30 days of the suspension, but the DOL will not issue the license unless the vehicle you drive is equipped with an ignition interlock device. In addition, you must also file "proof of financial responsibility" (SR–22 insurance) with the DOL as a prerequisite to the issuance of a temporary restricted license. SR–22 insurance is required for three years.

Two Year Driver's License Suspension

Your license is revoked for two years. During the first year of a two-year administrative revocation, you are not allowed to drive for any reason – including to and from your job. Thereafter, you are eligible for a temporary restricted license; however the DOL will not issue the license unless the vehicle you drive is equipped with an ignition interlock device. In addition, you must also file "proof of financial responsibility" (SR–22 insurance) with the DOL as a prerequisite to the issuance of a temporary restricted license. SR–22 insurance is required for three years. Further, to fully reinstate the license, you will need to retake the driver's test and pay a reinstatement fee.

SR–22 Insurance

SR–22 or "high risk" insurance is required for drivers who (by statute) pose a high risk to the safety of the community. Premiums are typically much higher than standard insurance. You will be required to obtain this more expensive insurance for a period of 3 years following a DUI conviction. You must also have SR–22 insurance if you suffer an administrative suspension of the license at the hands of DOL, even if you are acquitted of the DUI charge.

Probationary License

A specially marked probationary license is issued to you after you have served your DUI related suspension or revocation.

If you are arrested for a subsequent DUI while having a probationary driver's license, you may have your license administratively revoked by the Department of Licensing for an additional two years, regardless of whether or not your are found guilty of this new DUI.

Keep in mind that if you are convicted of this new DUI too, the court may revoke your driver's license for an additional term on top of the administrative two-year license revocation.

Prior Offense

A prior offense is a conviction for DUI, Physical Control, Reckless Driving, Reckless Endangerment, Vehicular Homicide, Vehicular Assault, or Negligent Driving in the First Degree that was reduced from a DUI charge or a deferred prosecution (whether or not successfully completed) that occurred with seven years from the date of the current charge. Out of state convictions that are equivalent to these Washington crimes are also "prior offenses."

Electronic Home Monitoring

This is an alternative to jail time that allows you to serve your commitment in your home. You are permitted to go to work and to treatment programs, but must remain in your home at all other times. You will be charged by the day for this service.

If this is a first offense, you can request that the court convert your jail time to EHM at a rate of fifteen days EHM to one day of jail. If this is a second or subsequent offense within seven years, however, the time must be served in a jail or corrections facility.

Ignition Interlock Device

A breath testing device is installed in your car and you must "pass" the test before the car will start. You are charged an installation fee and a monthly maintenance fee for the device. This device may be required for up to ten years, depending upon the driving record.

Monitored Probation and Probation Fees

Monitored probation means that a probation officer will be assigned to your case and you will need to maintain regular contact with your probation officer for the length of your probation – up to 5 years. Also, if you are placed on probation, you will be required to pay probation fees, ranging on average from $50 to $75 per month.

During your contact with your probation officer, you may be required to submit to random urine and/or breath tests to determine if you have been consuming alcohol or using illegal drugs. In addition, the probation officer will be interested in your personal life, such as your employment status, your current residence and roommates, and may ask many personal questions about your lifestyle and habits. Furthermore, in every DUI case, the court and your probation officer will want to know if you have a drinking or drug problem. As a result, you will be required to obtain an alcohol/drug assessment from a state certified chemical dependency agency, provide written proof of your alcohol assessment to the court and to your probation officer, and follow the recommended treatment plan, if any. This is legal and required by the court.

Finally, if you violate any of the conditions of your sentence or the law, your probation officer will schedule a review hearing before the court and will recommend to the court that you be punished further. This means that the court may impose more jail, fines, or restrictions on your life beyond the original sentence.

Jail

Washington law mandates jail if you are convicted of DUI. The amount of time that you must spend in jail depends upon the number of prior DUI offenses that you have, whether or not you took the breath test and your breath alcohol level. The maximum amount of jail time that you can serve is one year. In assessing whether or not to impose more than the mandatory amount of jail time, the judge will consider factors such as:

• Number of other criminal convictions;
• Whether an accident was involved;
• Whether you had any passengers in your car; and
• Whether you pose a risk to the community

Work Release

An alternative to jail that allows you to work during the day and return to jail the corrections facility at night. You must be approved by your local corrections facility to participate in the work release program and you will be charged by the day for the service. In King County, you must be sentenced to at least ten days of jail before you become eligible to apply for work release.