How Serious is a DUI?
A Washington State DUI is a serious offense and you need an experienced Seattle DUI Attorney. If you need a DUI Attorney, you need to take immediate action to safeguard your rights. We know Seattle DUI Defense! Your privilege to drive is also at stake and the Department of Licensing doesn't wait until you have been criminally charged to begin the suspension process. Contact Seattle DUI Lawyer, Nate Webb, today for a free consultation or call us at (425) 522-4200. CDL holders face stiffer penalties if charged with Seattle DUI or DUI anywhere in Washington State (even if you were driving your non-commercial vehicle).
What Kind of Penalties Do I Face if Convicted of a DUI?
Seattle DUI Lawyer, Nate Webb, has outlined the following mandatory penalties violators face when a DUI or Physical Control conviction occurs in Washington State (RCW 46.61.5055).
The legislature enacted the following mandatory penalties:
- Installation of ignition interlock as a pre-trial condition of release within 5 days of charging of case for repeat offenders
- No deferred sentences on DUIs
- No employer-waiver exemptions for Ignition Interlock Driver's Licenses for the first 30 days of installation (1st offense) and the first year (365 days) of installation (2nd offenses and above)
- Vehicle is subject to forfeiture
- A person arrested for DUI or Physical Control is booked and not released until seen by a judge if the offender has a prior offense within the last 10 years
1st Offense (no prior offenses w/in the past 7 yrs) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 1 day jail (may be converted to 15 days of Electronic Home Monitoring at violator's expense or 90 days on the 24/7 Sobriety Program if available - if a child under 16 was in the vehicle, 1 extra day of jail is imposed)
• 90 day license suspension
• Not less than $350 (plus other court costs and fees)
• Ignition interlock requirement for 1 year
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
1st Offense (no prior offenses w/in the past 7 years) and Breath Test above .15 or refusal of Breath or Blood test:
• 2 days jail (may be converted to 30 days of Electronic Home Monitoring at violator's expense or 120 days on the 24/7 Sobriety Program if available - if a child under 16 was in the vehicle, 1 extra day of jail is imposed)
• 1 year license suspension (if refusal, then 2 years)
• Not less than $500 (plus other court costs and fees)
• Ignition interlock requirement for 1 year
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
2nd Offense (one prior offense w/in the past 7 years) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 30 days jail (if a child under 16 was in the vehicle, 5 extra days of jail is imposed) and 60 days of Electronic Home Monitoring at violator's expense* In lieu of the mandatory 30 days in jail, with court approval, a violator may serve 4 days in jail plus either 180 days of EHM or 120 days on a 24/7 alcohol monitoring program
• 2 year license suspension
• Not less than $500 (plus other court costs and fees)
• Ignition interlock requirement for 5 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
2nd Offense (one prior offense w/in the past 7 years) and Breath Test above .15 or refusal of Breath or Blood test:
• 45 days jail (if a child under 16 was in the vehicle, 5 extra jail days imposed) and 90 days of Electronic Home Monitoring at violator's expense* In lieu of the mandatory 45 days in jail, with court approval, a violator may serve 6 days in jail and either 6 months on EHM or 120 days on a 24/7 alcohol monitoring program
• 900 day license suspension (3 years for refusal)
• Not less than $750 (plus other court costs and fees)
• Ignition interlock requirement for 5 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
3rd Offense (two or more prior offenses w/in the past 7 years) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 90 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 120 days of Electronic Home Monitoring at violator's expense* In lieu of the mandatory 120 days of EHM, with court approval, the violator may convert the EHM to an additional 8 days of jail
• 3 year license suspension
• Not less than $1000 (plus other court costs and fees)
• Ignition interlock requirement for 10 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
3rd Offense (two or more prior offenses w/in the past 7 years) and Breath Test above .15 or Refusal of Breath or Blood test:
• 120 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 150 days of Electronic Home Monitoring at violator's expense* In lieu of the mandatory 150 days of EHM, with court approval, the violator may convert the EHM to an additional 10 days of jail
• 4 year license suspension (same for refusal)
• Not less than $1500 (plus other court costs and fees)
• Ignition interlock requirement for 10 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
4th Offense (three or more prior offenses w/in the past 10 years) – regardless of breath or blood test result:
• Felony penalties!
In lieu of mandatory EHM requirements for 2nd offense and above sentences, the offender may participate in a 6 month 24/7 sobriety monitoring program.
Contact Nathan L. Webb today for a free DUI consultation. We know Seattle DUI Defense!