In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. Even first-time offenders face potential jail time and fines. In some instances, a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have not succeeded. The mandatory minimum penalties for a DUI or drunk driving conviction in Washington State are set out below. Remember, these are the penalties if you are convicted. With the help of an experienced attorney, you may be able to avoid these mandatory minimum penalties.

I. CRIMINAL CONVICTIONS FOR DUI

A. FIRST OFFENSE FOR DUI

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A.  JAIL TIME:  1 TO 365 DAYS INCLUSIVE(1 DAY IN JAIL MAY CONVERT TO 15 DAYS EHM )

B. FINES: $685 YO $8125 ($350 PLUS COSTS AND ASSESSMENTS)

C. LICENSE:  90 DAY MANDATORY LICENSE SUSPENSION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS

D. IGNITION INTERLOCK DEVICE REQUIRED

E. ALCOHOL EVALUATION AND FOLLOWUP

2. WITH ALCOHOL LEVEL OF .150 OR MORE OR A “REFUSAL”

A. JAIL TIME:  2 TO 365 DAYS INCLUSIVE(2  DAYS IN JAILMAY CONVERT TO 30 DAYS EHM )
B. FINES: $925 TO $8125 ($500 PLUS COSTS AND ASSESSMENTS)
C. LICENSE:  365 DAY MANDATORY LICENSE SUSPENSION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
D. IGNITION INTERLOCK DEVICE MINIMUM ONE YEAR2
E. ALCOHOL EVALUATION AND FOLLOWUP

B.  ONE PRIOR CONVICTION WITHIN 7 YEARS

1. WITH ALCOHOL LEVEL OF .149 OR BELOW

A. JAIL TIME:  30 DAYS TO 365 DAYS INCLUSIVE
B.  60 DAYS EHM1
C. FINES: $925 YO $8125 ($500 PLUS COSTS AND ASSESSMENTS)
D. LICENSE:  TWO YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
F. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
G. ALCOHOL EVALUATION AND FOLLOWUP
2. WITH ALCOHOL LEVEL OF .150 OR ABOVE OR A “REFUSAL”

A  JAIL TIME:  45 TO 365 DAYS INCLUSIVE
B. 90 DAYS EHM1
C. FINES: $1325 TO  $8125 ($750 PLUS COSTS AND ASSESSMENTS)
C. LICENSE:  900 DAY MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
D. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE
G. ALCOHOL EVALUATION AND FOLLOWUP

C.  TWO OR MORE CONVICTIONS WITHIN 7 YEARS3

1.  WITH ALCOHOL LEVEL OF .149 OR BELOW

A.  JAIL TIME: 90 TO 365 DAYS INCLUSIVE
B.  120 DAYS EHM1
C. FINES: $1725 TO  $8125 ($1000 PLUS COSTS AND ASSESSMENTS)
D. LICENSE:  3 YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E .IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE
G. ALCOHOL EVALUATION AND FOLLOWUP

2.  WITH ALCOHOL LEVEL OF 0150 OR ABOVE OR A “REFUSAL”

A  JAIL TIME: 120 TO 365 DAYS INCLUSIVE
B. 150 DAYS EHM1
C. FINES: $2525 TO  $8125 ($1500 PLUS COSTS AND ASSESSMENTS)
D. LICENSE:  FOUR YEAR MANDATORY LICENSE REVOCATION FOLLOWED BY PROBATIONARY LICENSE FOR 5 YEARS
E. IGNITION INTERLOCK DEVICE FOR MINIMUM ONE YEAR2
F. VEHICLE SUBJECT TO FORFEITURE
G. ALCOHOL EVALUATION AND FOLLOWUP

D. MANDATORY CONDITIONS OF FIVE(5) YEAR PROBATION WITH CONVICTION

1.  AS A CONDITION OF PROBATION THE JUDGE SHALL ORDER:

A. NOT DRIVE WITHOUT A VALID LICENSE AND INSURANCE
B.  NOT REFUSE A BLOOD/BREATH TEST
C.  NOT HAVE A .08 OR HIGHER BLOOD/BREATH LEVEL WITHIN TWO HOURS OF DRIVING

2. A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS IN JAIL AND 30 DAYS OF ADDITIONAL LOSS OF PRIVILEGE TO DRIVE

II.  ADMINISTRATIVE LICENSE REVOCATION BY THE DEPARTMENT OF LICENSING

A.  REFUSALS AND SPECIFIED ALCOHOL READINGS TRIGGER LOSS OF LICENSE BY ADMINISTRATIVE ACTION WITH THE DEPARTMENT OF LICENSING INDEPENDENT OF ANY CRIMINAL PROSECUTION.

B. YOU ONLY HAVE 30 DAYS FROM DATE OF ARREST TO REQUEST A HEARING(ALONG WITH $100) TO CONTEST THIS ADMINISTRATIVE ACTION AS IT RELATES TO YOUR LICENSE.

C. REFUSALS

1. ADULTS (21 YEARS AND OVER)

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT4 WITHIN 7 YEARS:  1 YEAR REVOCATION (CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)
B. WITH PRIOR REFUSAL OR OTHER INCIDENT4 WITHIN 7 YEARS:  2 YEAR REVOCATION (CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)

2. DRIVERS UNDER 21 YEARS OF AGE

A. FIRST REFUSAL AND NO PREVIOUS INCIDENT4 WITHIN 7 YEARS: 1 YEAR REVOCATION (CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)
B. WITH PRIOR REFUSAL OR OTHER INCIDENT4 WITHIN 7 YEARS:  2 YEAR REVOCATION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER (CONSECUTIVE TO ANY SUSPENSION FROM CRIMINAL CONVICTION)

D. ARREST FOR DUI WITH AN ALCOHOL LEVEL OF .08 OR ABOVE

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT SINCE 7/1/94:  90 DAY LICENSE SUSPENSION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER A DEFERRED PROSECUTION

2. WITH PRIOR ARREST AND INCIDENT4 WITHIN 7 YEARS:  2 YEAR LICENSE REVOCATION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER A DEFERRED PROSECUTION

E. IF UNDER 21 YEARS OF AGE AND YOUR ALCOHOL LEVEL IS .02 OR HIGHER

1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT4 WITHIN 7 YEARS:  90 DAY SUSPENSION

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION

2. WITH PRIOR INCIDENT4 WITHIN 7 YEARS:  1 YEAR REVOCATION OR UNTIL 21 YEARS OLD, WHICHEVER IS LONGER

A. THIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION