The Penalties for a DUI (RCW 46.61.5055) Conviction in Washington
Your DUI arrest could not have come at a worse time. Washington DUI laws are more strict, and penalties more harsh, than ever before. Your best chance for a smooth return to the road – especially if you are a professional driver whose livelihood depends on your driving privileges – lies in your choice of Tacoma DUI defense lawyer to represent you.
At The Law Offices of Smith & White, PLLC, our lawyers offer an initial case analysis to identify ways to attack the prosecutor’s case against you. With offices in Tacoma and Vashon, our attorneys handle DUI cases throughout western Washington in Pierce County, Kitsap County and Thurston County, along with all the municipal courts for cities in those counties.
Definition and Elements of the RCW 46.61.5055 DUI Statute
RCW 46.61.5055 provides guidance for sentencing for a drunk driving conviction, based on whether there are prior offenses. If you are convicted of a DUI, and you have no prior offenses within the last seven years, the sentence that you face depends on your blood alcohol concentration. If your blood alcohol concentration was less than 0.15, or there is no test result that demonstrates your blood alcohol concentration, you can be sentenced to imprisonment for 1-364 days. The first 24 hours cannot be suspended unless a judge determines that it would create a substantial risk to your mental or physical well-being and provides the reason for the suspension and underlying facts that support it. Instead of the mandatory minimum sentence, the court could order you to undergo at least 90 days in an around-the-clock sobriety program or 15 days of electronic home monitoring and fine you $350- $5,000. Also, five years of probation is the standard for any DUI conviction.
If your blood alcohol concentration was 0.15 or greater, or you refused to take a test so that there is no test result that demonstrates your alcohol concentration, you will face imprisonment for 2-364 days. The court is not allowed to suspend the first 48 hours of the imprisonment unless it finds that imposing the sentence would substantially risk your physical or mental well-being. Alternatively, the court could order a 120-day period of around-the-clock sobriety program monitoring or 30 days of electronic home monitoring. You could face fines of $500-$5,000. The five years of probation remains the same.
Examples
It can be difficult to know how inebriated you were. Two people with different genders, weights, and medical conditions might drink the same number of drinks, and only one might be intoxicated by them. However, it is important to be cautious. If your blood alcohol concentration was .08, the court could sentence you to a full 364 days in jail.
Related Offenses
In addition to facing DUI charges, you will face a license suspension if you refused to take a chemical test or had a result over the legal limit. If you were driving under the influence with a minor under the age of 16 in the vehicle, you could face child endangerment charges under Chapter 9A.42 of the Revised Code and various other sections.
Penalties for a DUI Conviction in Washington
If you have a prior offense, you will face harsher penalties. For instance, if you have a prior offense within the last seven years, and your blood alcohol concentration was less than 0.15, or there is no test result for reasons other than your refusal, you will face imprisonment of 30-364 days and 60 days of electronic home monitoring. Alternatively, you could face four days in jail and 180 days of electronic home monitoring or 120 days of sobriety program monitoring. You may also face $500-$5,000 in fines. On the other hand, if your blood alcohol concentration was a minimum of 0.15, and there is no test result because you refused to take a test, you will face 45-364 days of imprisonment and 90 days of electronic home monitoring. Instead of the mandatory minimum sentence, the court could sentence you to six days in jail and either 120 days of around-the-clock sobriety program monitoring or six months of electronic home monitoring. You can face $750-$5,000 in fines.
You could face harsher sentences if you have two or more prior crimes in seven years or if you have three or more prior crimes in 10 years. If the court finds that you had a minor passenger under age 16 in the car, the court can order enhanced penalties that include the installation of an ignition interlock device for an added six months. Whether you face penalties beyond that for driving with a minor passenger depends on whether you have priors. Other factors that may be weighed include whether you caused an injury to people or property, whether there were passengers at the time, whether you were speeding, and whether you were driving opposite to traffic’s normal flow.
The following chart provides an overview of the penalties you face for a first DUI conviction with a blood alcohol content (BAC) of .08 to less than .15:
| First offense DUI with BAC of .08 to less than .15 | |
|---|---|
| Jail time | 24 consecutive hours to one year |
| Electronic home monitoring | 15 days in lieu of jail |
| Fine | $940.50 to $5,000 |
| Driver’s license suspension | 90-day revocation |
| Ignition interlock | DOL Imposed |
| Alcohol/drug education or treatment | As ordered |
If your blood alcohol content was above .15 or you refused to take a BAC or blood test, the penalties increase to a minimum of two consecutive days in jail, $1,195.50 in fines, and one-year driver’s revocation (two years if you refused the BAC).
If there was a passenger under 16 in the vehicle then the mandatory jail and ignition interlock period are both increased.
Enhanced Charges and Aggravating Circumstances That Affect Penalties
Each offense with these aggravating factors is met with a heavier hand, underscoring the importance of making better decisions to avoid compounding your troubles.
Having a High BAC
When your BAC crosses the .15 mark, the consequences ramp up significantly. For a first offense, the “slap on the wrist” becomes a firm “thump,” with at least 48 hours in jail, but it can extend to a full year. The fines also get a bump, starting at around $1,245.50 and can go up to $5,000. And as for your driving privileges, expect a longer vacation from the roads with a suspension that could last up to a year.
If a Minor Was in the Car
Driving with a minor in the vehicle while under the influence adds a whole new level of gravity to your charges. The law sees this as an aggravating factor, leading to even stiffer penalties. While specific consequences can vary, you can generally expect longer jail times, higher fines, and an extended period of license suspension. It’s not just about you anymore; it’s about the safety and well-being of a minor, which the court takes very seriously.
Prior Convictions for Vehicular Assault While Under the Influence of Alcohol
The Washington Court of Appeals explained in Washington v. Allen that not all vehicular assaults are treated equally in terms of evaluating subsequent charges. Rather, only certain vehicular assault convictions serve as a basis for enhanced charges. If you are charged with a DUI, it is essential to your defense to retain an experienced Washington DUI defense attorney to analyze the circumstances regarding your arrest and what evidence the state may attempt to introduce against you.
Purportedly, the defendant in Allen was charged with a felony DUI, due to a prior conviction of vehicular assault under the influence. The trial was bifurcated per the defendant’s request. The first issue submitted to the jury was whether the defendant was guilty of DUI, which the jury determined he was. The second issue submitted to the jury was whether the defendant’s prior conviction for vehicular assault provided sufficient grounds to convict the defendant of a felony offense. On the second issue, the state introduced records from the defendant’s prior case as well as testimony from the arresting officer in the defendant’s prior case as to the defendant’s behavior at the time of his prior arrest. Based on the evidence presented, the jury found that the defendant was previously convicted of vehicular assault while under the influence of alcohol. The defendant subsequently appealed the jury’s finding regarding his prior conviction.
The court stated that because a prior conviction is a legal matter, it should be decided by the court and not the jury. In analyzing a prior conviction, the court is limited to only facts that were stipulated to or proven beyond a reasonable doubt, and can only assess the facts needed to prove the elements of the crime. In the subject case, the state provided the elements of the crime, the defendant’s guilty plea, the judgment and sentence, which were sufficient to prove his prior conviction. The court held that while there were three ways in which a defendant could commit vehicular assault, the defendant’s charge included all three and, therefore, his guilty plea encompassed all three. As such, the court affirmed his conviction.
Will the Penalties Be Much Worse for a Second or Third DUI?
The stakes get higher with round two. The minimum jail time doubles to 30 days, and if your BAC still hasn’t learned to keep low, you might be looking at 45 days behind bars with an added 90-day house arrest. The fines also take a jump to start at $1,245.50. And as for driving, you might want to get cozy with public transport for up to 900 days because your license won’t be in your pocket.
By the third offense, the state pulls out the big guns. Jail time starts at a daunting 90 days, but depending on your BAC, you might be swapping stories with your cellmate for up to a year. The fines start to feel like a hefty bill at $2,045.50 and can balloon to $5,000. Your license? Let’s just say you won’t be seeing it for a good 3 to 4 years. And yes, the ignition interlock device becomes your unwanted car buddy again.
For second or third DUI offenses, the presence of an aggravating factor like a BAC over .15 or a minor in the vehicle compounds the already severe penalties. The minimum jail times increase, fines grow even larger, and you can say goodbye to your driving privileges for an extended period.
Other penalties include:
- Possible job loss
- Requirement to pay SR-22 (high-risk) insurance
- Permanent criminal record that cannot be vacated or expunged
- Five-year probation
- In Canada, any DUI on your record is considered a felony and Canada will not let you enter that Country with a DUI
Learn more about penalties for second and third offense DUI.
How to Fight a DUI in Washington State
A citizen of the United States of America has Constitutional Rights protecting them against illegal search and seizure, the violation of which can make you not guilty in court. Furthermore, it is not illegal to drink and drive. It is only illegal to operate a vehicle with a BAC (Blood Alcohol Content) of .08 or more. Or to have your driving impaired by use of the alcohol and/or drug.
You should not assume that the penalties imposed under RCW 46.61.5055 are inevitable simply because you have been charged. We may be able to challenge the evidence against you if it was obtained in violation of your constitutional rights. Or we may be able to challenge the validity of the lab work if appropriate procedures were not followed.
When they stopped you was it because they said you were weaving? Did you ever leave your lane and was it for a prolonged period? If you did not, the police may have had no legal reason to stop you. If that is the situation, the whole case may be able to be thrown out and you can breathe easy.
Is it claimed that the smell of alcohol was on your breath? Realize that alcohol actually has no smell. The smell we think of as alcohol actually comes from what it is mixed with. Some things can smell exactly the same and smell alone is not enough to give probable cause for a DUI arrest.
Think about why you were stopped. Do you believe there was sufficient cause? Discuss the situation fully with your defense attorney. If it was a bad stop, it’s just like if it was a bad arrest – the case may be able to be fully dropped.
Did you take field sobriety tests? This may also actually provide defense. There is no way of knowing what your performance would have been like on any given day – some people would have difficulty with them no matter what. Your faulty performance may have been due to bad terrain or dress. There are only some accepted tests – if any others were used they can be thrown out as evidence.
If the BAC machine or the external standard (the vat attached to the BAC machine) used in the test were not properly tested or maintained, the government may not be able to prove that your BAC was over .08. The Officer in charge of using the BAC testing equipment must have been properly trained in its use and must have up to date credentials. Even a properly tested and maintained BAC machine still has a “confidant interval analysis” (a fancy way of saying margin of error) that may mean that your BAC was under .08.
There are even more ways to dispute the breathalyzer. There may be a regulation or protocol that the police or test administrator failed to follow – such as the fact that you are required to be observed for fifteen minutes prior to having the test administered. This is just one rule – there are others. There are various reasons the test may provide a false such as breathing into or blowing in the machine at the wrong moment or the consumption of certain substances that can be falsely read by the machine as alcohol.
Contact Our Washington DUI Defense Lawyers
The right legal challenge can result in getting your case reduced or dismissed. A reduction to reckless driving, for example, reduces the mandatory jail to none. The license suspension period is only 30 days during which you can obtain an Occupational Restricted License. This is easier to obtain and does not require the ignition interlock device. Further, the probationary period is shorted to a two-year maximum. We can discuss ways to not have active probation supervision on your case at all. Lastly, a reckless driving charge can come off your record by vacate.
Contrarily, some factors “aggravate” your DUI. An accident is exactly what people fear when they made DUI illegal. It may be hard to hold the Judge to a mandatory minimum sentence in an accident case. Similarly, if your BAC is exceptionally high then the prosecutor and/or Judge may want to give you a worse sentence. Lastly, if you’ve had prior DUIs, as mentioned earlier, then the mandatory penalties increase. This means, even if the judge has plenty of good reason for wanting to go easy on you, he or she has no choice but to impose those penalties.
For all the reasons discussed about, you’ll want a bold, veteran Tacoma DUI defense lawyer on your side. We can also answer your concerns regarding:
To discuss your case with our Tacoma DUI defense lawyers, call 253-363-8662 or send us an email through this website. We will arm you with the information you need to make sound decisions about your case.