DUI Consequences in the State of Washington
What to expect following your DUI arrest
As a general rule, there are two proceedings for which you will need legal representation following a DUI arrest:
1. A civil “administrative” action by the Department of Licensing (DOL) to suspend or revoke your driver’s license; and
2. A criminal case which could result in confinement, fines and other consequences.
1. A civil “administrative” action by the Department of Licensing (DOL) to suspend or revoke your driver’s license; and
2. A criminal case which could result in confinement, fines and other consequences.
Washington Department of Licensing (DOL) Actions
Following a DUI or Physical Control arrest, the arresting agency must notify DOL of a test of .08 or higher (for those 21 years of age or older), a test of .02 or higher (for those under twenty one), or a test of .04 or higher (for the driver of a commercial vehicle). The agency must also notify the DOL if the you refused a breath or blood test. If a hole was punched in your driver's license when you were for arrested for drunk driving, it means the DOL intends to suspend or revoke your license effective 60 days following your arrest. This action will occur automatically unless you request a hearing to contest the suspension within 20 days of the date of arrest.
At the hearing, you have the right to present evidence, cross examine the arresting officer and make legal and technical arguments to dismiss the licensing suspension. However, this hearing must be requested in a timely manner or it will be waived. DOL administrative penalties are imposed separately and apart from your criminal court case. The only opportunity you will have to contest them is to make a timely request for this hearing. If you fail to do so, the following penalties will be imposed:
At the hearing, you have the right to present evidence, cross examine the arresting officer and make legal and technical arguments to dismiss the licensing suspension. However, this hearing must be requested in a timely manner or it will be waived. DOL administrative penalties are imposed separately and apart from your criminal court case. The only opportunity you will have to contest them is to make a timely request for this hearing. If you fail to do so, the following penalties will be imposed:
Criminal Penalties for DUI in Washington State
Washington State’s DUI criminal penalties vary according to your specific offense and any prior DUI convictions you may have. There are minimum and maximum amounts of jail time, depending on your blood alcohol level and prior offenses. While the court always has the prerogative to impose the maximum penalty for a DUI conviction, it must impose the minimum penalty, even if you have no prior DUI convictions. In addition to mandatory jail time you will have to pay mandatory fines, obtain a professional alcohol evaluation and complete any treatment that is recommended for you. And finally, the Court may suspend or revoke your license for a length of time that exceeds the DOL revocation described above.
The chart below indicates minimum and maximum jail time, fines, electronic home monitoring, and license revocation penalties you will face for a gross misdemeanor DUI conviction in the State of Washington:
The chart below indicates minimum and maximum jail time, fines, electronic home monitoring, and license revocation penalties you will face for a gross misdemeanor DUI conviction in the State of Washington:
1 Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within
seven (7) years before or after the arrest date on the current offense.
2 Mandatory Jail and Electronic Home Monitoring (EHM): If there are prior offenses with an arrest date within seven (7) years before or after the arrest date of the current offense, 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. Where there are no prior offenses within seven (7) years, 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.
3 Mandatory Monetary Penalty: Includes Alcohol Violator's Fee and Criminal Conviction Fee
For a felony DUI conviction, the sentence can be significantly longer, and will send you to prison. If your case involves vehicular assault or vehicular homicide, sentencing will be much longer.
2 Mandatory Jail and Electronic Home Monitoring (EHM): If there are prior offenses with an arrest date within seven (7) years before or after the arrest date of the current offense, 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. Where there are no prior offenses within seven (7) years, 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.
3 Mandatory Monetary Penalty: Includes Alcohol Violator's Fee and Criminal Conviction Fee
For a felony DUI conviction, the sentence can be significantly longer, and will send you to prison. If your case involves vehicular assault or vehicular homicide, sentencing will be much longer.