DUI Penalties in Washington State vary depending on the number of prior offenses and whether you submitted to the breath test. This is a grid of the DUI penalties.
If you have any questions about DU
I penalties or DUI defense, then you should contact a DUI defense lawyer.
If you were under 21 when you were arrested for DUI, then you should also see the section on Minor DUI’s.
The Ignition Interlock License is explained more fully in the IIL Section, including eligibility, cost, and requirements.
DUI Criminal Penalties
There are two tables for DUI criminal penalties. The first table applies to people who have a BAC of less than .15 or where they took the breath test, but there are no admissible breath test results. The second table applies to people whose BAC was greater than or equal to .15 or who refused to take the breath test. Breath test refusal cases are typically more complicated because the penalties are greater and the prosecution can use the refusal as evidence against you. In any DUI defense case, one of the first objectives is to get the breath test or the breath test refusal thrown out, because that will get you back onto the first table, which has lower penalties attached to it. This gives you an advantage in dealing with the prosecution.
| BAC Less than .15 or No Valid Test Result | No Prior Offenses | One Prior Offense | Two or Three Prior Offenses | |
| Mandatory Minimum AND Maximum Jail Time | One Full Day Minimum AND 365 Days Maximum | 30 Days Minimum AND 365 Days Maximum | 90 Days Minimum AND 365 Days Maximum | |
| Mandatory Minimum Fine AND Maximum Fine | $865.50 Minimum AND $5,000 Maximum | $1,120 Minimum AND $,5000 Maximum | $1,970 Minimum AND $5,000 Maximum | |
| Electronic Home Monitoring | 15 Days Instead of Jail | 60 Days Mandatory | 120 Days Mandatory | |
| Driver’s License | 90 Day Suspension | 2 Year Revocation | 3 Year Revocation | |
| Ignition Interlock License | Required | Required | Required | |
| Alcohol Treatment Or Drug Education | As Ordered | As Ordered | As Ordered | |
As you can see, the penalties will increase if you refuse to take the breath test or if the breath test reads at .15 or higher.
| BAC Result Greater Than Or Equal To .15 Or Breath Test Refusal | No Prior Offenses | One Prior Offense | Two or Three Prior Offenses |
| Mandatory Minimum AND Maximum Jail Time | 2 Consecutive Days Minimum AND 365 Days Maximum | 45 Days Minimum AND 365 Days Maximum | 120 Days Minimum AND 365 Days Maximum |
| Mandatory Minimum Fine AND Maximum Fine | $1,120 Minimum AND $5,000 Maximum | $1,545.50 Minimum AND $5,000 Maximum | $2,820 Minimum AND $5,000 Maximum |
| Electronic Home Monitoring | 30 Days Instead of Jail | 90 Days Mandatory | 150 Days Mandatory |
| Driver’s License | 1 Year Revocation BUT 2 Year Revocation if Breath Test Refused | 900 Days Revocation BUT 3 Year Revocation if Breath Test Refused | 4 Year Revocation |
| Ignition Interlock License | Required | Required | Required |
| Alcohol Treatment Or Drug Education | As Ordered | As Ordered | As Ordered |
DUI Administrative (DOL) Penalties
A DUI case has both a criminal and an administrative component. Even if you are found not guilty by the criminal court or the charges are dismissed, the Department of Licensing can still take an administrative action against you. In the past, the administrative penalties were seen as a huge problem, but now that Washington State uses an ignition interlock license the administrative penalties are much less burdensome. The administrative penalties depend on the number of prior administrative penalties, the age of the driver, and whether the breath test was refused.
| Test Refused | First Refusal Within Last 7 Years AND No Prior DOL Action Within Last 7 Years | Two or More Refusals Within Last 7 Years OR First Refusal AND At Least One Prior DOL Action With Last 7 Years |
| Adult | 1 Year License Revocation | 2 Year License Revocation |
| Minor | 1 Year License Revocation | 2 Year License Revocation Or Revocation Until 21, whichever is longer |
| BAC Result | First DOL Administrative Action | Two Or More DOL Administrative Actions |
| Adult Equal to or Greater Than .08 BAC | 90 Day License Suspension | 2 Year License Revocation |
| Minor Equal to or Greater Than .02 BAC | 90 Day License Suspension | 1 Year License Revocation OR Revocation Until 21, whichever is longer |
The DUI penalties will vary from case to case. It is important to take any DUI arrest seriously, because the penalties increase with each offense. Even if it is your first offense you still face either mandatory jail time or electronic home monitoring and license suspension.
