(206) 771-4343
Help@CommunityLawPLLC.com

Seattle Office: 701 5th Ave, Suite 4200
Bellevue Office: 1520 140th Ave NE, Suite 200

DUI Penalties

separator

In Washington State, after you are arrested for DUI, two things happen. One, there is a civil “administrative” action by the Department of Licensing (DOL). The DUI penalties from the DOL is limited to license suspension. Two, there is a criminal action. The DUI penalties from the criminal courts includes jail time, fines, a license suspension, and other consequences. The DUI penalties from the civil and criminal side are mutually exclusive. This means that if you win civil case with the DOL, it will not affect your DUI consequences from the criminal court.

DUI Consequences: Civil/Administrative Action

Following a DUI or Physical Control arrest, the officer must notify DOL of a test of .08 or higher in the case of those 21 years of age or older; a test of .02 or higher for those under the age of twenty one; or a test of .04 or higher for drivers of commercial vehicles. The officer must also notify the DOL if the arrestee refused a breath or blood test.

The DUI penalties from the Department of Licensing is a driver’s license suspension. The DOL will automatically suspend your driver’s license sixty days after the arrest unless the you requests a hearing to contest the suspension with 20 days of the date of the arrest. If you fail to request a hearing within 20 days of the arrest, the right to contest your license suspension is waived. The length of the license suspension depends on the driver’s BAC, number of previous DUI convictions, and other facts surrounding the DUI arrest.

Driver’s license suspension is one of many DUI penalties. It affects not only the drivers but also their loved ones. We all need our driver’s license to get to work, take our kids to school, buy groceries for our families, and the list goes on. There are several DUI penalties that will affect your life. A license suspension is one of them.

THERE ARE SEVERAL SERIOUS DUI PENALTIES THAT DRIVERS NEED TO KNOW ABOUT. CALL OUR DUI LAWYERS TODAY AT (206) 771-4343

DUI Penalties: More about Civil/Administrative Action

On a first offense within seven years, where there has been a breath test, the suspension is for 90 days. If it is a first offense within seven years and a refusal is alleged, the revocation is for one year. On any second or subsequent offense within that seven-year period, the potential revocation is for a period of two years. To learn more about DUI penalties from the Department of Licensing, please click here.

If you hold a Commercial Driver’s License (CDL), the DUI penalties are even more serious. If you are a CDL holder, you will have your CDL disqualified for one year if DOL suspends your license for a DUI or Physical Control arrest. This is so even if you were driving a non-commercial vehicle. If you hold a CDL and it is your second offense, you will be disqualified from driving a commercial vehicle for life. As you can see, DUI consequences for CDL holders are life-altering.

DOL can take away your driving privileges prior to any conviction, and they can take it away even if you are eventually cleared of the DUI charge in court. Therefore, it is important to speak to a knowledgeable attorney. Do not try deal with DOL DUI penalties alone. Hire a DUI lawyer who can help you with your DOL hearing.

YOU NEED A LAWYER WHO WILL PROTECT YOU FROM DUI CONSEQUENCES. CALL US AT (206) 771-4343

DUI Penalties: Criminal Action

Criminal penalties in DUI cases vary depending on the person’s blood alcohol content (BAC) and whether they have prior DUI offenses. In addition to jail, there are mandatory fines; an alcohol evaluation and follow up with any recommended treatment; up to 5 years of probation; an ignition interlock device requirement; as well as a license suspension or revocation, which is in addition to the administrative revocation.

A felony DUI sentence can be significantly longer, and will send you to prison. If your case involves vehicular manslaughter or vehicular homicide, sentencing will be much longer.

DUI Penalties: First DUI Offense within Seven Years

In most circumstances, a knowledgeable Washington State DUI attorney may be able to reduce one’s first DUI charge to a lesser change. However, if the person is found guilty of DUI at trial or if pleads guilty to the charge, and it is their first DUI offense, the penalties vary, depending on whether the person took the test or refused the test. DUI consequences are serious even for first time offenders.

DUI Penalties: BAC below 0.15

  • Jail: The court must impose at least a minimum of one day in jail and may impose up to a maximum of 364 days in jail. In lieu of jail, the court may convert every one day of jail to 15 days on electronic home monitoring.
  • Fine: The court must impose at least a minimum of $940.50 fine and may impose up to a maximum of $5,000.00. The court will also impose statutory assessments.
  • License Suspension: 90-day license suspension. However, one may be able to get their driving privileges reinstated by getting an SR22 insurance and an ignition interlock device, and paying the reinstatement fee.
  • Ignition interlock: Must apply for the ignition interlock driver’s license and have a functioning ignition interlock device installed for at least one year. If a passenger under the age of 16 was in the car, an additional 30 days of ignition interlock is required.
  • Probation: Court is likely to impose a probation period of up to 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: Obtain chemical dependency evaluation from state-certified agency and follow recommendations; attend DUI victim impact panel.

DUI Penalties: BAC 0.15 or higher, or test refusal

  • Jail: The court must impose at least a minimum of two day in jail and may impose up to a maximum of 364 days in jail. In lieu of jail, the court may convert every one day of jail to 15 days on electronic home monitoring.
  • Fine: The court must impose a minimum of $1,195.50 fine and may impose up to a maximum of $5,000.00. The court will also impose statutory assessments.
  • License Revocation: a 1-year license suspension if the person took the test. A two-year license suspension if the person refused the test. In either case, however, one may be able to get their driving privileges reinstated by getting an SR22 insurance and an ignition interlock device, and paying the reinstatement fee.
  • Ignition Interlock: Must apply for the ignition interlock driver’s license and have an ignition interlock device installed for at least one year. If a passenger under the age of 16 was in the vehicle at the time of the incident, the court will impose an additional 30 days.
  • Probation: Court is likely to impose a probation period, which may be up to 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: Obtain chemical dependency evaluation from state-certified agency and follow recommendations; attend DUI victim impact panel.

A DUI is a serious criminal offense with serious DUI consequences. Even your first DUI conviction cannot be vacated from your criminal record. Therefore, a DUI will show up on your background checks for ever. Other DUI consequences include car insurance-rate increase even if your insurance carrier does not cancel your policy. If you hold a commercial driver’s license, you can expect your license to be suspended for one year for a first DUI offense.

The good news is that a DUI can be beaten. By hiring a skilled Washington State DUI attorney you can avoid many, if not all, of these sanctions.

AVOID SOME, IF NOT ALL, DUI PENALTIES. SPEAK TO A WASHINGTON STATE DUI LAWYER AT (206) 771-4343

DUI Penalties: Second DUI Offense within Seven Years

Often, a second DUI is more difficult to defend. First, the mandatory minimum DUI penalties increase. Further, prosecutors are not willing to agree to a reduced sentence. Therefore, you will need an experienced Washington State DUI attorney to help you handle your case.

DUI Penalties: BAC below 0.15

  • Jail: The court must impose a minimum of 30 day in jail and may impose up to a maximum of 364 days in jail.
  • Electronic Home Monitoring (EHM): In addition to the jail sentence, the court must impose 60 days of EHM.
  • Fine: The court must impose a minimum fine of $1,195.50, and may impose up to a maximum of $5,000.
  • License Revocation: two-year license revocation. However, one may be able to get their driving privileges reinstated by getting an SR22 insurance and an ignition interlock device, and paying the reinstatement fee.
  • Ignition Interlock: Must apply for the ignition interlock driver’s license and have an ignition interlock device installed for at least one year if it is the first order for ignition interlock device. If the court has previously ordered to have an ignition interlock device for a year, it will require it for 5 years. If the court has previously ordered to have an ignition interlock device for 5 years, it will require it for 10 years. If there was a passenger in the car under 16 at the time of the incident, the court will impose an additional 30 days.
  • Probation: the court will impose a probation period of 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: Obtain chemical dependency evaluation from state-certified agency and follow recommendations; attend DUI victim impact panel.

DUI CONSEQUENCES FOR A SECOND OFFENSE ARE SEVERE. SPEAK TO A WASHINGTON STATE DUI ATTORNEY TODAY AT (206) 771-4343

DUI Penalties: BAC 0.15 or higher test refusal

  • Jail: The court must impose a minimum of 45 days in jail and may impose up to a maximum of 364 days in jail.
  • Electronic Home Monitoring (EHM): In addition to the jail sentence, the court must impose 90 days of EHM.
  • Fine: The court must impose at least a minimum of $1,620.50 fine and may impose up to a maximum of $5,000.00. The court will also impose statutory assessments.
  • License Revocation: a 900-day license revocation if the person took the test. A three-year license revocation if the person refused the test.
  • Ignition Interlock: Must apply for the ignition interlock driver’s license and have an ignition interlock device installed for at least one year if it is the first order for ignition interlock device. If the court has previously ordered to have an ignition interlock device for a year, it will require it for 5 years. If the court has previously ordered to have an ignition interlock device for 5 years, it will require it for 10 years. If there was a passenger in the car under 16 at the time of the incident, the court will impose an additional 30 days.
  • Probation: the court will impose a probation period of 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: Obtain chemical dependency evaluation from state-certified agency and follow recommendations; attend DUI victim impact panel.

A DUI is a serious criminal offense with serious DUI penalties. A person with two DUI convictions can expect increased penalties and stigma from such conviction. It is tough to maintain a job having to serve an extended jail sentence; EHM fees are costly; insurance rates will increase tremendously; multiple DUIs show up on background check and are likely to affect one’s employment opportunities; and a chemical dependency evaluation will likely result in a recommendation for intensive treatment. Further, a commercial driver convicted of a second DUI will face a lifelong disqualification of their CDL.

But a DUI charge can be beaten. By hiring a skilled Washington State DUI attorney you can avoid a great many, if not all of these sanctions. Therefore, if you are facing a second DUI in Washington State, you need a knowledgeable lawyer who will really fight to defend you.

DUI PENALTIES ARE TOO HARSH FOR YOU NOT TO SPEAK TO A WASHINGTON STATE DUI ATTORNEY. CALL US TODAY AT (206) 771-4343

DUI Penalties: Third DUI Offense within Seven Years

A person arrested for their third DUI is likely to remain in jail while their case is pending unless they post bail or bond, be sure to have a bail bondsperson at hand or someone ready to post bail for you at your first court hearing. In addition, the court will likely impose penalties above the mandatory minimums.

DUI Penalties: BAC result below 0.15

  • Jail: The court must impose a minimum of 90 days in jail and may impose up to a maximum of 364 days in jail.
  • Electronic Home Monitoring (EHM): In addition to the jail sentence, the court must impose 120 days of EHM.
  • Fine: The court must impose at least a minimum of $2,045.50 fine and may impose up to a maximum of $5,000.00. The court will also impose statutory assessments.
  • License Revocation: three-year license revocation.
  • Ignition Interlock: The court will permit one to drive only vehicles equipped with an ignition interlock. Even if one chooses not to drive a vehicle, the court will order them to get the device and apply for an ignition interlock driver’s license.
  • Probation: the court will impose a probation period of 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: The court will require one to obtain a chemical dependency evaluation and comply with the recommended treatment, and attended a DUI victim panel.

DUI CONSEQUENCES ARE TOO HARSH FOR YOU NOT TO HIRE A WASHINGTON STATE DUI LAWYER. CALL US TODAY AT (206) 771-4343

DUI Penalties: BAC at 0.15 or higher or test refusal

  • Jail: The court must impose a minimum of 120 days in jail and may impose up to a maximum of 364 days in jail.
  • Electronic Home Monitoring (EHM): In addition to the jail sentence, the court must impose 150 days of EHM.
  • Fine: The court must impose at least a minimum of $2,895.50 fine and may impose up to a maximum of $5,000.00. The court will also impose statutory assessments.
  • License Revocation: 4-year license revocation.
  • Ignition Interlock: The court will permit one to drive only vehicles equipped with an ignition interlock. Even if one chooses not to drive a vehicle, the court will order them to get the device and apply for an ignition interlock driver’s license. •Probation: Probation length is a maximum of five years.
  • Probation: the court will impose a probation period of 60 months. The court will require one not to commit any criminal law violations and comply with other probation conditions during that period.
  • Other: The court will require one to obtain a chemical dependency evaluation and comply with the recommended treatment, and attended a DUI victim panel.

DUI PENALTIES ARE TOO HARSH. CALL AN EXPERIENCED WASHINGTON STATE DUI ATTORNEY TODAY AT (206) 771-4343

A DUI is a serious criminal offense with serious DUI penalties. A person with a three DUI convictions can expect increased penalties and stigma from such conviction. It is tough to maintain a job having to serve an extended jail sentence; EHM fees are costly; insurance rates will increase tremendously; multiple DUIs show up on background check and are likely to affect one’s employment opportunities; and a chemical dependency evaluation will likely result in a recommendation for a treatment for a year or more. Further, a commercial driver convicted of a second DUI will face a lifelong disqualification of their CDL.

But a DUI charge can be beaten. By hiring a skilled Washington State DUI attorney you can avoid a great many, if not all of these sanctions. Therefore, if you are facing a third DUI in Washington State, you need a knowledgeable lawyer who will really fight to defend you.