Depending on the facts of your particular case, the outcome can range from a lot of bureaucratic hassles to a criminal conviction. The assistance of a good DUI defense lawyer can help reduce the impact of a DUI.
Briefly, a driver convicted for the first time of driving while under the influence of alcohol in the State of Washington faces one to two days in jail, $1,000 to $1,500 in fines, 90 days to a year license suspension, court-monitored probation, and court-ordered substance abuse treatment.
If the BAC result was less than 0.15 or if the officer did not administer a test, the court will order one day (24 consecutive hours) in confinement or 15 days of electronic home monitoring. The maximum the court can order is 365 days.
If the BAC result was greater than 0.15 or if the driver was offered a test and refused to take it, the court will order two consecutive days in confinement or 30 days of electronic home monitoring. The maximum the court can order is 365 days.
If the BAC result was less than 0.15 or if the officer did not administer a test, the court will impose a fine of $865.50, and may impose a fine of up to $5,000. For a first offense, the fine is usually the mandatory minimum, although fees and costs will raise it closer to $1,000.
If the BAC result was greater than 0.15 or if the driver was offered a test and refused to take it, the court will impose a fine of $1,120.50, and may impose a fine of up to $5,000. For a first offense, the fine is usually the mandatory minimum, although fees and costs will raise it closer to $1,500.
For a first-time offense, the Department of Licensing will suspend a driver’s license for ninety days with a BAC less than 0.15 or no test or one year with a BAC greater than 0.15. If the driver refuses the test, the Department will revoke the license for one year.
A driver may apply for an “Ignition Interlock Driver’s License.” The driver must have proof of financial responsibility (SR 22), proof that an ignition interlock device has been installed, and pay $150 driver’s license reissue fee. In addition, a driver with the one-year license revocation must also complete a driver’s ability test.
For a suspension or revocation resulting from a criminal conviction, the driver must also show proof of completion of either an alcohol information school or an alcohol treatment program, as determined by the court.
A standard condition the court imposes with a DUI conviction is “evaluation and recommended treatment.” Depending on the outcome of the evaluation, the treatment can range from an 8-hour Alcohol and Drug Information (ADIS) class to two years of substance abuse treatment. The evaluation and treatment are provided by private businesses, and the defendant is responsible for the cost of the evaluation and treatment.
The court will also order attendance at a DUI Victim Panel. Although the panelists are volunteers, the defendant must still pay a fee for attendance. The panelists are people who were either victims, related to victims, or accused of alcohol offenses. It is a sort of “scared straight” experience in which the panelists tell about their terrible experiences caused by drunk driving.
The standard procedure is for the court to impose the total confinement and fine and then to suspend what it had not immediately imposed. For a BAC less than 0.15 or no test, the court will suspend 364 days and $4,134.50 of the fine. For a BAC greater than 0.15 or a refusal, the court will suspend 363 days and $3,879.50 of the fine. The court then orders 24 months of probation, and if the defendant violates the terms of the probation, the court can recall the defendant to court and re-impose the suspended time and fine.
- Do not drive without a valid license and proof of financial responsibility (SR 22).
- Do not drive while having an alcohol concentration of .08 or more.
- Do not refuse to submit to a breath or blood test to determine alcohol concentration.
Call (509) 279-4529 today for a free legal consultation and case evaluation.
There's no charge for this advice and no further obligation.
